Expert: Jessica Bryan - 10/17/2008

Question
I just bought a home here in Oklahoma City. Two leaks were discovered shortly after moving in behind the wall between the laundry room and the kitchen, one coming off the water heater and the other coming from the hose bib on the washer connection. After further evaluation by licensed professionals the leak from the water heater was determined to be at least a year old. As a result there is extensive water damage also causing a severe mold issue. The panel on the kitchen side was bowed out 6-8 inches. This damage was obviously sustained prior to me acquiring the home. The home inspector attributed it as heat from the oven. I felt there was neglect on the part of the seller and the home inspector, so I sent a letter to both parties asking for $750 from each. The damages were estimated around $1500-$1700, which didn’t include the $200 it cost to fix the plumbing. The home inspector agreed to give me $500, but the home owner refused to settle. I realize I probably don’t have much recourse against the seller since I signed the “Closing Acknowledgement and Release” form. The realtor offered me $250, but I’m wandering if I should ask for more. I talked to another realtor and they told me that if they selected the home inspector without giving me any option then I may have some recourse there. They told me basically that this was the only inspector who could get the inspection done in the time frame we needed. Do you think I would be able to get more money from the realtor?

Answer
Dear Michael;
This is a very difficult question since I am often 'pressured' into providing names of people who will get a job done quickly.  I cannot be responsible for their work and can honestly say that there is no home inspector that I have used whom I would trust completely.  They have all made mistakes at one point or another.  I would hate to be held responsible for their errors.  I am frankly amazed that you were the recipient of any money since in most instances, once you have closed on a home you own it along with all of the problems associated with it.  It's good to know that some professionals still take responsibility and will compensate accordingly.  If I were you, I would feel grateful that your real estate agent saw wisdom in offering the $250.  While the agent should have provided you with several names and choices, any attempt to recover further damages would require legal action which is more expensive and probably not worth the effort.

Best wishes,
Jessica Bryan