Expert: Hans Weber, Licensed Broker Associate - 11/28/2006

Question
I just bought a house and the inspection didn't show me two major issues.  What rights do I have with the seller and inspector?
1) rust hole in power vent to boiler - I was told my inspector to cover it with high intesity heat tape and it would be fine. Wrong!  More than one company told me that it was dangerous, vent needed to be replaced and if I didn't repair it that the carbon monoxide could get in house and be  very dangerous.  $700 later, vent is fixed.  Furnace company   I used also told me a few things that should have been done with furnace prior to me and one thing that was not up to code.

2) chimney leaked during rain storm... mortar and brick are crumbling and I don't believe it happened just as I bought the house.  I bought it 10/15/06 and now looking into estimates to replace mortar/brick.

What rights do I have? if any, of getting any money back for repairs on these two major problems that I feel were not revealed to me prior to closing of home.  Where do I start, if I do have rights?

Thank you


Answer
Dear Trish,

Thank you for your question.

Since you have already closed on the purchase of the property the seller is probably free and clear, especially since you had a home inspection with a licensed home inspector.  Not all homeowners maintain their homes equally or in many cases adequately.  It is the seller's responsibility to disclose any material defects they know about, but they may not have known of the chimney problem or the rust hole.

The inspector should have been able to discover the chimney problem (maybe it only happens when raining and it wasn't raining during the inspection?) and did discover the rust hole and gave you a simple solution which later your furnace company told you was wrong.  Your option is to contact the inspector and lodge your complaint and ask for some form of compensation.  They will tell you that you signed a disclaimer.  You may need to threaten to sue them and that may not be worth your time and money.  Perhaps the inspector will at least refund the inspection fee.

I hope this helps you.

Hans