Owners Discover a Major Roof Leak Soon After Purchase
Question: Our home has a combination tile and flat roof. Four weeks after purchase, we had major rain leakage. In one area, water ran down the walls and windows, trickled from lights and outlets, and dripped from the ceiling. The flat roof sags, causing pooling at the leaking area, and some of the tiles are cracked or loose.
The sellers maintain no leaking occurred during their ownership, but we’ve found stains and ceiling damage that indicate past water problems. Somehow, all of this evidence escaped the attention of our home inspector. Estimates to replace the roof and repair interior damages total $12,000. What can we do?
Answer: From your description, foreknowledge of roof leakage by the sellers would seem to be a reasonable assumption. Given the ponding condition on the flat roof and stains on interior surfaces, the roof appears to have leaked during their ownership. Proving that they knew about the roof problems and withheld disclosure won’t be easy, but written evaluations by licensed roofing contractors would be helpful in supporting your case.
As to the inspection, it was the inspector’s responsibility to report visually discernible defects. Such conditions would include a sagging roof, cracked and loose tiles, and stained or damaged walls and ceilings. These defects had obviously not occurred during the first month after closing escrow, so they must have been observable on the day of the inspection. Failure to disclose them indicates a substandard home inspection.
The inspector should be given the opportunity to review all pertinent conditions before any repairs or alterations to the property take place. If the inspection company is ethical, it will take financial responsibility for failure to disclose observable defects. If the inspector cannot afford this level of liability, hopefully there is insurance for errors and omissions.
To ensure a fair playing field for all concerned parties, including yourself, obtain at least two more bids for all repairs. It’s entirely possible that more affordable estimates will be made. Before proceeding with any specific actions, consult with a real estate attorney to determine your rights and options.
Finally, obtain a full disclosure of the entire condition of your home, not just the roof. Since the quality of your pre-purchase inspection is in doubt, find out which home inspector in your area has the top reputation for knowledge, experience and detail and have that person perform a new inspection of the property.
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Home Inspector Was Rude to Buyers
Q: When we bought our home, the inspector we hired seemed to be very thorough and knowledgeable. He provided a thorough inspection, but he was unbelievably rude to us, practically rolling his eyes whenever we asked him a question. There were many questions we would have liked to ask but didn’t, simply because he was so overtly unfriendly. Would it be appropriate to report him to the American Society of Home Inspectors for unprofessional conduct?
A: Rudeness is inexcusable behavior for home inspectors and other living things. It is unquestionably out of place when practiced by anyone who performs a personal service as a means of livelihood. Reporting such behavior (assuming that the offender is a member) would be an appropriate course of action, but it is not certain whether any significant disciplinary action would be taken.
ASHI is a nationally recognized association of home inspectors and sets standards of professional and ethical conduct for its members. But it is not an empowered agency. At best, they may send a letter of inquiry or of reprimand to the ill-mannered inspector, but who knows, he might just roll his eyes upon receipt of that unwelcome correspondence. Nevertheless, a formal complaint would be in order.
A core understanding among reasonable home inspectors is a perception of the trade as more than a mere technical function. It is a personal service, requiring interest and concern by those who choose to enter the profession. Home inspectors are hired as consults, as information providers and, above all, as advocates.
An inspector’s job is not just to inspect but to fully inform and advise home buyers regarding the general and specific conditions of real estate. This service, when performed properly, should include answering whatever questions and addressing whatever uncertainties customers might have and to do so with patient purpose and genuine commitment.
An inspector who does not serve the immediate needs of customers is overdue for re-education or a needed change of occupation.
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If you have questions or comments, contact Barry Stone through his Web site at www.housedetective.com. Distributed by Access Media Group.
