Cosmetic Defects Worth Including in Disclosure
Question: What’s the point of a home inspector disclosing cosmetic defects? I’m selling my home and just had a “structural” inspection. The report recommended repainting a stain on the ceiling. This stain is not a “structural” problem, but it has started a chain of requests from the buyer to correct cosmetic defects.
Our contract does not spell out the difference between cosmetic repairs and structural repairs. So now the buyer is using the inspection report as a shopping list. What should I do?
Answer: Your point is well taken, but with some important qualifications. Cosmetic defects, such as ceiling stains, should not become the focus of a home inspection report, and the repair of stains is certainly not incumbent upon a seller. But stains on a ceiling are indicative of past or current leakage of either the roof or the plumbing system. Further evaluation of such conditions is often warranted.
If an inspection takes place during dry weather, it is not always possible to determine whether rain leakage will occur, but a specific review of roof surfaces above ceiling stains is a critical part of a detailed inspection.
Another item that needs clarification is your repeated reference to a home inspection as a structural inspection. In a strict sense, the word “structural” is very limited in its scope, referring primarily to issues involving foundations, framing and ground stability.
A home inspection, however, encompasses far more issues than these, including, but not limited to, the plumbing, heating and electrical systems, fireplaces and chimneys, roofing, built-in appliances, ground drainage, general safety compliance and much more.
In essence, the purpose of an inspection is to identify significant property defects that are visually discernible. Cosmetic defects are typically included as a courtesy only. But to limit the scope of a home inspection to purely structural considerations is to drastically reduce the accepted standards of practice for a physical inspection.
Get an Inspection Even if Home Is New
Q: We are buying a new home from a reliable builder. Do you recommend a home inspection prior to closing escrow?
A: Most people forgo home inspections on newly constructed homes, either because the builder is conscientious and reputable or because they believe the municipal inspection process precludes the possibility of undiscovered errors in construction. I have found, however, that no home, regardless of how well it is constructed, is totally free of defects. Contractors are sometimes offended when a buyer requests a professional home inspection, but this should not be the case. The construction of a building involves thousands of details, performed by scores of individuals. No general contractor can possibly oversee every one of these elements, and the very nature of human fallibility dictates that some mistakes and oversights will occur.
For these reasons, I strongly recommend inspection of all new homes. In fact, contractors and builders would be well served by hiring home inspectors of their own, as a means of quality control, upon completion of each project.
Buyers Find Defects Not Included in Report
Q: Since moving into our home, we’ve found several items that were not disclosed to us by the seller and that were overlooked by our home inspector. The agent and seller say the property was purchased “as is.” We relied on the seller’s representations and thought we had a good inspector. Where do we go from here?
A: Most home inspectors--the good ones, that is--expect buyers to let them know when problems materialize after the close of escrow. Many inspectors make it a point to encourage clients to call if and when concerns develop. Inspectors refer to such instances as “call back” and regard them as a normal and occasional part of doing business.
Of the many types of problems that can turn up after taking occupancy, some may be the responsibility of the inspector, and others may not.
If an undisclosed building defect was visually discernible during the inspection, a competent inspector will usually arrange to have it corrected. If, however, a problem was concealed at the time of the inspection or was specifically listed in the report as being outside the scope of the inspection, then that condition would not be the inspector’s responsibility.
In light of these reasonable standards, you should give your home inspector the opportunity to respond to your concerns. If he refuses, methods of recourse vary from mediation and arbitration to litigation and frustration. With luck, these choices will not be necessary.
Buyers’ New-Carpeting Demand Goes Too Far
Q: When we sold our home, we disclosed every defect we could think of, as required by law. Now, the buyers say they have found cat urine stains on the carpet and are going to take us to Small Claims Court unless we pay for new carpeting. We’re refusing to buy carpeting because this is not a defect, and we never imagined it needed to be disclosed. The buyers even hired a home inspector, and he said nothing about carpet stains in his report. What do you suggest we do?
A: Outrageous demands and frivolous lawsuits have become all too common occurrences and are often seen in the aftermath of real estate purchases.
If the carpet stains in this instance were truly significant, they would most likely have been noticed at some time during the course of the transaction, either by you, by your Realtor or by the home inspector. Let’s suppose they had been detected: Since when does a seller replace carpeting simply because of stains, whether cat-produced or otherwise? If the stains were enough to warrant new carpets for home buyers, most houses would be re-carpeted during the course of an escrow. Carpet stains fall under the category of cosmetic defects and typically warrant professional cleaning at most.
A reasonable response to the buyers would be an offer to share the cost of carpet cleaning. If you really want to be generous, you could pay for the entire cleaning job yourself. Either way, the buyers would be getting a fair deal. If all else fails, let the Small Claims judge decide.
Test Can Detect Radon in Building-Site Soil
Q: I’ve heard of testing the inside of a building for radon gas, but is it possible to test the ground where a new house is proposed to be built? If so, how?
A: There is a method for testing an undeveloped building site for radon gas emission, although it is not specified in official radon testing protocols. This method involves digging several small holes on the property, about 18 inches deep. A radon test canister (obtainable from a radon-testing laboratory) should be placed at the base of each hole, covered with a bucket and buried for several days. If radon is present in the soil, the canister in each bucket will record the level of emissions. After several days of exposure, the devices should be forwarded to an approved radon-testing lab for a definitive reading.
Window Contractors Can Miss Signs of Leaks
Q: As a Realtor, I’ve encountered many disputes over leaking dual pane window seals when homes are being sold. Common among these are disagreements between home inspectors and window contractors. What usually occurs is this: The home inspector identifies several windows as having water stains between the panes. But when the window contractor is called, he finds no such stains. Why am I repeatedly having this problem?
A: Leaking dual pane seals are very common, especially with windows manufactured during the 1980s. In some cases, water stains are blatantly apparent; at other times they are so slight that detection can be difficult.
When stains are excessive, the job of inspectors and contractors is made easy. But with moderate stains, there is not always a consensus that they in fact exist. Detection can depend on lighting conditions, and home inspectors will often identify stains by shining a flashlight against the glass at varying angles.
Window contractors are experts in the installation and repair of glazing products. But they are typically not hired to conduct minute inspections of windows for the purpose of discovering slight dual pane water stains.
Home inspectors, on the other hand, perform this type of inspection on a regular basis and thus, by way of practice, become adept at discovery.
To avoid future problems in this regard, it is recommended that you and your clients are in attendance at home inspections. This will provide your inspector the opportunity to demonstrate the presence of water stains.