Expert: liznarr - 12/25/2007

Question
My wife and I bought a 15 yr old scribe fit log home about 5 mths ago. Since that time Ive had nothing but problems. Heres a short list of what has happened so far. Replaced:(due to break down) H/W heater, both septic pumps,dishwasher, oven, propane tank, submersible well pump. We have had the downstairs bedroom flood, put in drainage so far on one side of the house (approx 100 ft), have discovered dry rot in 4 logs, have had 5 bats enter the home at nite scaring the ba-jesus out of the wife and daughters which led to all of us going thur a series of rabi shots. After the flooding inncident I had to re-move the carpet and discovered that the tack strips were totally rusted away, leading me to believe that this was not the first time that it flooded. Then on closer inspection of the balcony logs, I could see where the ends had been cut off due to dry rot. (I found the cut ends down on the hill side in some brush) My question is that the seller had to have known about some of these issues as she had lived there for 5 yrs. When asked about some green pads stapled to a large checked section in an overhead log her response "to keep out spiders". After we moved in I checked this section for cold air and found no draft. I foamed the crack and removed the green pads. (Im sure that this is where she thought the bats were getting in). We had the home inspected prior to buying it, but the house inspector cant be held accountable according to his cotract. (The inspector said everything looked good....$300.00 bucks later) On the sellers dicloser form she answerd no to all the questions, Does the home have any dry rot? Does the home have any known pests? Has the home had any flooding?.......I could go on and on but I think that you get my drift. We are in Washington State in King County. Id appreaicate any advice.... before I dump any more $$ into this pit. P.S. we also had all the stuff checked and o.k.d that Ive had to re-place.
Thanks for your time.

Answer
Hi Tim,

What a nightmare this must be for you.  Stories like yours literally make the hair on my neck stand up, and I am so sorry to hear of your misfortune.

Let’s start with the home inspector, and you will want to personally verify that the information below obtained online is, in fact, accurate.  The web address for the Washington State Licensing Department is http://www.dol.wa.gov/   I would call their offices to verify that your home inspector is licensed as an SPI inspector as outlined below.

From the site http://www.ahit.com/training/stateregs/washington_regs.cfm
(All caps are mine, for emphasis.)
“Qualifications to Become a Home Inspector
There are no licensing requirements for home inspectors in the State of Washington at this time, however, INSPECTORS CONDUCTING INSPECTIONS FOR POTENTIAL OR PROPOSED REAL ESTATE TRANSACTIONS MUST OBTAIN A STRUCTURAL PEST INSPECTORS LICENSE.  

To obtain a SPI license
a)  Pass the PSI Exam given by the State of Washington.
b)  SUBMIT PROOF OF FINANCIAL COVERAGE by one of the following

Option 1:  $25,000 E & O providing coverage for up to two years after the inspection

Option 2:  $25,000 Bond allowing suit to be brought against it for legal damages a result of the structural pest inspector for up to two years after the inspection

Option 3: $12,500 Bond with same conditions as above, combined with a $25,000 non-occurrence based E & O policy

Option 4: $25,000 assigned account, held by the department to satisfy any judgment for legal damages resulting from an inspection

Option 5:  Gain employment with an inspection firm carrying coverage”

Additional information online from site http://www.home-inspect.com/campuses/washington/

“…while there are no educational requirements for home inspectors at this time, PERSONS PERFORMING HOME INSPECTIONS IN THE STATE (Washington) ARE REQUIRED TO INSPECT FOR WOOD DESTROYING ORGANISM AND CARRY A STRUCTURAL PEST INSPECTION LICENSE SPI)…”

Therefore, language from the above two sites would lead one to believe that when your home inspector  performed your home inspection, he was also required by the State of Washington to have a structural pest inspection license (SPI) and also have conducted an inspection for wood-destroying organisms AND carry financial coverage as outlined in options 1 through 5 above.

Pest inspectors in Washington are licensed through the Washington State Department of Agriculture and, among other requirements, shall obtain a business license and have a valid driver’s license.  Their telephone number is 1-877-301-4555.  

You can read more on SPI licensing at http://agr.wa.gov/PestFert/LicensingEd/CaSpiInfo.htm  and division office numbers are listed at http://agr.wa.gov/PestFert/ContactUs.htm  

If your home inspector did not follow the rules outlined above, I would consult a good trial attorney ASAP to see if you can recover any of your damages from the worthless home inspector you used.  I have always been taught that a contract entered into cannot override anything that is required by city, state or federal law.  It sounds like you possibly have good grounds to recover from your home inspector (if he has any seizable assets), but you will need legal advice.

Log homes are a “specialty” home, and not all contractors are qualified to build them.  Likewise, I would assume that if your home inspector was not familiar with the construction of log homes, he could have easily “passed” on your inspection and suggested a log home expert.

As to the homeowner who you suspect fraudulently disclosed, there are two things I would suggest doing immediately:

(1)   Take pictures of all your damages.  For any damages you have already corrected, make sure you have written statements regarding the opinion of the cause.  If you still have the cut ends of the logs that you found in some brush, save them and also take pictures.

(2)    Obtain written estimates from a log home expert to correct the deficiencies.  A log home expert should be able to give you an idea of whether or not any of your damages are recent, or possibly how dated the deficiencies are.

I don’t know if you have the ability to check to see if any insurance claims were filed for flood damage, but if so, that would be a good thing to know.  

Neighbors – if there are any close – are many times a good source of information.

You did not mention whether or not you had a real estate agent involved representing you.  If so, put your agent to work and get him/her involved in helping you.  

If the previous owner whom you say lived there for about five years received a written disclosure from the owner prior to her, that would also be good information.  If she purchased through a realtor, possibly there might still be a file on the property that might reveal this.

If you can prove that the previous owner committed fraud by intentionally misrepresenting to you the condition of the home, you would have grounds to pursue the matter.

I hope some or all of the above is helpful and points you in a direction you have not yet gone.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth