Expert: John McKenna, CMI - 6/14/2007

Question
I bought this house 3 years ago.  I hired a reputable (at least I thought he was) inspector.  Thoroughly read the seller's disclosure etc.  We tried to be very careful.  From day 1 we have been living a nightmare.  Anything and everything has gone wrong. I am talking about serious things.  3 car garage door hardware opener was installed backwards, fireplace was dark and dingy - I had it completely restoned and soon after found out it is totally inoperable because the flue is too small, chimney is too short and even the firebox is under building code.  I can't even get it chimney swept.  The roof is two layer, but was installed to hide that fact - one we were unaware about and evidently so was the inspector.  The MLS listing stated new roof and heat pump.  The roof has so many patches it needs to be redone completely.  We have had to have the heating system and air conditioning system serviced each - twice for each year we lived here. The heat pump was not new - not even close - estimates are 18 years old - glad my inspector caught that.  Currently, the AC wasn't cooling and flooded my basement.  I called service - they said the unit was shot.  Did I tell you I bought the Home Warranty at closing - yes.  Well the home warranty company decided it wanted a second opinion - they sent a state licensed inspector out today - who informed us that the unit is indeed shot outside - but the air handler/furnace inside setup was completely under code.  He can't believe the house hasn't burned down yet.  The handler was installed backwards and the top half was installed upsidedown - so that all of the electric stuff was down at the floor level - in all of the water.  The was water dripping into the electrical box.  He stated that the home warranty would probably cancel our policy - since none of this was up to building code - or any code.  The house is 22 years old.  We paid top dollar, mortgaged ourselves to death and have run ourselves into debt so much we are about to lose our butts.  Oh - did I mention - the sellers or real estate agents never mentioned the fact that this area has a special school tax - 1% personal income tax on everyone living in the home on top of very high property taxes.  Since no one told us - it took a couple of years for the tax man to catch up with us - demanding the back taxes (no payment plans available) or a tax lien would be levied on our property.  This is just an example of what we have been living since we bought this place.  My question is do we have any recourse at all?  Can we sue the inspector and sellers?  Any suggestions?  We have used up our IRA money and a second mortgage trying to hang on - the worst part is - we can't even sell it now - we would have to disclose everything that wasn't to us.  We will probably end up homeless - I just hope we can find some solution.

Thanks for listening. Any suggestions would be appreciated.

Sue

Answer
I am very sorry to hear about your hardships.  It sounds like you purchased an older home with old equipment.  There are a lot of questions I would have to ask you to arrive at a clear picture of what did and did not take place at the time of the inspection.

But here are some general guide lines to help you find a clear picture.  Most states require that a home inspector do a visual inspection of items that are accessible only.  They generally do not require a "code" inspection because older homes cannot be measured by today's ever changing "codes".  That would be unfair.

A home inspector is considered a generalist and not a specialist.  They are trying to determined if items are functioning as intended at the TIME of the inspection.  Sometimes things are made "ready" for the sale of a home and then fail shortly after you purchase the home.  This is one of the "mine fields" that a home inspector has to watch out for.

Also, most inspector's will place certain follow up instructions in their report that must be followed (ie... the AC may be working today... but a service check is recommended because of the age of the system and the dirty filter and the noise it is making, bla, bla, bla)...

If you go back step by step and ask yourself several questions, you may be able to clarify more clearly what the inspector is responsible for and what you are responsible for.  And... some things may not be your fault or the inspectors fault... because some items just wear out and stop working with time.

Ask yourself the following:
1- Was an item working at the TIME of the inspection?
2- Were certain areas of the inspected item not visible?
3- Did you do the follow up instructions given to you?
4- Would it take specialized tools and invasive techniques to discover the problems (this can only done by a licensed specialist)?
5- Did you have the listed repairs and instructions done
before the sale or after you moved in?

If you can isolate any one of these factors (and perhaps some more) that would put the responsibility on you, instead of the inspector, then you would see things a little more clearly.

With that said, please understand I am not taking the positron to defend the inspector.  It appears that your inspector might have missed some things that he was responsible for.

BTW... did you choose your inspector or did the Realtor?  Sometimes the Realtor's inspector go easy on a house because of a mutual relationship for profit that they have with each other.  I am sorry, but this is true more than many realize.

Your next step would be to consult your state licensing board and/or a qualified attorney to find out your rights and limitations.  You would need to have your complaints documented ASAP because the longer you wait, the harder it is to prove negligence on some of the items in questions.  You would then need to follow the proper steps to file a formal complaint against the inspector in order to seek relief from the damages you have suffered.

The property tax issue is outside the home inspectors responsibility and you would have to ask your attorney about that.  

Good luck and I hope this has helped you.

John McKenna, CMI
Certified Master Inspector
American Home Inspection
and Thermal Imaging
http://texas-inspection.com