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Buying or Selling a Home/Missed inspection item
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Question
We recently purchased our 1st home in June 2007. We had it inspected by a certified local inspector. Today I was in the crawl space adding piping insulation. I noticed a thin board that had been placed (cut to fit and then hammered into place) on the bottom side of the sub-flooring. One side was loose so I pried it off and discovered that the subflooring in that area had major water damage and needs to be replaced.
Who is responsible for paying for this? Should the inspector be liable for not finding this cover-up? Is the previous owner responsible and if so how do I prove that they did it and not an owner prior to them? Should I contact a real-estate attorney?
Any help is appreciated.
If the inspector could not SEE the defect, then there may be a plausible excuse as to why they could not report it. Home inspectors can only report what is visible and accessible.
If the inspector did not note that there had been some kind of previous repair, then that could be a point against them.
If you want to take legal action, you would need to document your findings before you could submit it as evidence. It may be difficult to prove who did it and weather or not the seller or previous owner had knowledge of it, unless you can discover previous documents of the repair.
For legal advise, please consult a qualified attorney and document everything before you make the repairs. Ask your attorney for the proper methods of how to document this.
Note: You might ask the inspector about this issue and see what they say. They may be willing to work with you on the cost of repairs. Did the inspector take photos? Can they prove they actually inspected the crawl space? If not, why? These are some questions you need to ask.
Good luck and I hope this helps.
John McKenna, CMI
Certified Master Inspector
American Home Inspection
& Thermal Imaging
http://texas-inspection.com
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John McKenna, CMI
Expertise
I can answer your question about home inspections and the hidden aspects of of the industry. I own American Home Inspection for east Texas and am a Certified Master Inspector. Sometimes there are questions about buying and selling a home that a qualified and honest home inspector can answer. Many people are led to believe incomplete information about repair items and make costly mistakes when they respond. If you do not know enough information or know what to ask, you can buy a nightmare instead of a home. Is your home inspector working for you or the Realtor? Is the owner of the home telling the truth? How do you make sure the contractor who makes repairs will do it right? Is the Realtor moving too fast and causing a person to make hasty choices? What are some of the things the Realtor does not want you to know? What you discover after you are the owner of the home and then decide to sell? What type of box can the home inspector put you in when the new buyer is now inspecting your home? What can you do if the home inspector was negligent? How do you prepare for a home inspection? What should you do with the home inspection report at the negotiating table? What are the signs of sheeple being led to the slaughter? Why do some realtors hate the "deal killer" home inspector? What type of action can you take now to protect yourself from law suite after someone buys your home? When is something a minor or major problem? What are the most common problems found in a home inspection? What can you do to prepare for a home inspection? What questions can you ask the home inspector so you choose the right one? The list goes on and on... "The truth will make you free"
Experience
Over 25 years experience in construction and board certified as a Certified Master Inspector. Licensed by the Texas Real Estate Commission as a Professional Home Inspector (TREC #4565) and Certified by the National Association of Certified Home Inspectors (NACHI).
Education/Credentials
Certified Master Inspector (CMI)
National Association of Certified Home Inspectors (NACHI)
Licensed by the Texas Real Estate Commission (TREC #4565)
See more info: http://texas-inspection.com
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