Expert: John McKenna, CMI - 6/29/2011

Question
My son just bought a house.  He hired a home inspector and was happy with the results.  There was one item of concern though...the outside water tap was turned off. Most people turn their outside tap off during the winter months but you would think by May it would be turned on.  At the time of the home inspection, the report was marked "turned off".  The home inspector later mentioned to my son that he should check it again before the last walk through.  My son asked his real estate agent to check it out also.  His real estate agent reported back stating "it was just turned off".  During the final walk through, the question was asked again (while the owners were there).  The owner opened a cupboard door under the kitchen sink and pointed to the shutoff valve.  He also stated "I never had a need to turn it on".  Once my son moved in, it was time to turn the outside tap on...when he bent way down under the kitchen sink to turn it on, he noticed a container under the shutoff valve.  Once turned on, it started leaking and would probably fill up the container in no time so he had to shut it off.  The seller signed a disclaimer and answered "no" to the question "Are you aware of any problems with the plumbing system".  Now my son needs to call a plumber and might have to pull apart kitchen cupboards to get to the shutoff.  Can you tell me who should be paying for this?  Maybe the person who put the container down there to stop a leak?  I would appreciate your advice.  By the way, my son contacted his real estate agent after his find and the agent said to him "What do you want me to do about it?...maybe you should go to small claims court".

Answer
Home inspectors are instructed to NOT turn things on that are turned off at the time of inspection.  Once he handed the report to someone and they do not get it resolved before the purchase of the home, then it is that person's responsibility.  Everyone else can claim they did not know anything about the leak and get by with it.  What is the lesson learned?  Get this type of issue resolved before you buy the house, or live with it. Just asking people about it without verification resolves nothing.  If you don't see an item fixed with your own eyes, then the issue has not be resolved properly.  Sorry, but I doubt you can get anyone to pay for this plumbing leak.

Any previous signs of stains or the drip can should have been reported as well, but I doubt that will help you much for such a minor issue as this.

I hope this helps.

John McKenna, CMI
Certified Master Inspector
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