No forecast of rainy-day woes

Question: Before we bought our home, we hired a home inspector. We have since discovered problems that weren’t mentioned in his report. The main issue is a three-room addition built without a permit. We knew it wasn’t permitted, but the inspector made no comment about it in his report. Now that we’ve had rain, there is flooding in the sub-area below the addition.

Can we sue him for not disclosing this flooding problem? He says he told us about this problem, but there’s not a word about it in his report. What do you advise?

Answer: Some of the responsibility rests with you: If you were told the addition was not permitted, it should have been a red flag. If you were to file a lawsuit, the fact that you apparently dismissed that disclosure would not bode well for you in a judge’s eyes.

Faulty drainage beneath a structure is not uncommon, and drainage problems can be corrected. The home inspector’s liability is limited to conditions that were visibly discernible at the inspection. The main question for the inspector is whether the likelihood of future flooding was discernible at the time of the inspection. If it was not, then the inspector is not at fault. If the inspector made any verbal mention of drainage problems at the time of the inspection, those disclosures should have been included in the written report. If they were not, then whatever those disclosures may have been are irrelevant and probably not admissible in court.

To determine the extent of the drainage problem, you should have the site evaluated by a geo-technical engineer. You also should request an as-built permit from the local building department. Then the municipal building inspector could evaluate the addition and let you know if corrective work is needed to ensure compliance with legal standards.

Point out cracks, but don’t fill them

Question: We’re planning to sell our home. It’s in pretty good condition, but some of the floors are squeaky and there are cracks in the patio slab. We’re worried about how these defects will affect the appraisal value. If we repair the floors and patio, do you think we can get more for the house?

Answer: Squeaky floors and cracked patio slabs have little or no affect on the market value of a home. If the floors can be repaired for a nominal fee, you can correct them if you wish. But keep in mind that many buyers do major remodeling and new landscaping after taking possession of a home. In that case, minor repairs done before the sale of the property would have no appreciable benefit. If all other aspects of the property are presentable, you’d do well simply to disclose the squeaks and cracks.

Repairs could be costly – or not

Question: What are the most common signs of foundation problems, and how much do repairs of this kind typically cost?

Answer: There are two kinds of foundation problems: cracks and displacement, usually caused by unstable soil conditions, tree roots too close to the foundation and/or faulty construction. And decomposition of the concrete or mortar, usually resulting from age, on- going moisture exposure or a substandard concrete mixture. There is no formula for determining foundation repair costs. It depends on the size of the job and other variables affecting the amount of labor and materials needed. If you suspect problems with your foundation, an inspection by a licensed structural engineer is recommended.

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