Buying or Selling a Home/Inspections

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Expert: John McKenna, CMI - 12/15/2006


Question
We sold a home in April 2006 in Texas.  In Sept 1996 we had had a problem with the upstairs porch door and it resulted in water damage.  We fixed the problem by closing the porch off with a large window and then repaired the water damage.  The people who bought it did some remodeling and removed the window and as a result had some water damage that they are know asking us to pay for.  In December of 2006.  We had the house inspected before it was sold and there was nothing wrong with it.  We also lived there after the repairs and had no more water damage.  What if anything can we do?  What if anything can they do?  I do not feel that since they changed the structure of the house that we should have to pay, but I am not sure.  

Answer
When you hired an inspector to inspect your home, before it
sold, that is a plus for you.  This helps to prove that
you tried to disclose as much as possible.

On the other hand, did you disclose to your inspector, and
the buyer, that previous repairs and water damage had
occurred in your home?  If not, it might be used against
you.  You are required to disclose things like that.

Did the buyer discover previous damage when they started
uncovering things?  Or... did they uncover things and
they caused of the new damage?  Big difference.

If they caused the damage, then it's not your problem.
If they discovered previous damage that may have been
covered over, then it may be your problem.

Honesty is the best policy.  The inspector is responsible
for things that are visible and is not responsible for
things he cannot see.

Only you know the answers to these questions, and based
on your answers is where you will find the truth.

Always consult a professional lawyer for any legal issues
or questions you may have (my disclaimer).

I hope this helps you.

Good luck,

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

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John McKenna, CMI

Expertise

I can answer your question about home inspections and the hidden aspects of of the industry. I own American Home Inspection for east Texas and am a Certified Master Inspector. Sometimes there are questions about buying and selling a home that a qualified and honest home inspector can answer. Many people are led to believe incomplete information about repair items and make costly mistakes when they respond. If you do not know enough information or know what to ask, you can buy a nightmare instead of a home. Is your home inspector working for you or the Realtor? Is the owner of the home telling the truth? How do you make sure the contractor who makes repairs will do it right? Is the Realtor moving too fast and causing a person to make hasty choices? What are some of the things the Realtor does not want you to know? What you discover after you are the owner of the home and then decide to sell? What type of box can the home inspector put you in when the new buyer is now inspecting your home? What can you do if the home inspector was negligent? How do you prepare for a home inspection? What should you do with the home inspection report at the negotiating table? What are the signs of sheeple being led to the slaughter? Why do some realtors hate the "deal killer" home inspector? What type of action can you take now to protect yourself from law suite after someone buys your home? When is something a minor or major problem? What are the most common problems found in a home inspection? What can you do to prepare for a home inspection? What questions can you ask the home inspector so you choose the right one? The list goes on and on... "The truth will make you free"

Experience

Over 25 years experience in construction and board certified as a Certified Master Inspector. Licensed by the Texas Real Estate Commission as a Professional Home Inspector (TREC #4565) and Certified by the National Association of Certified Home Inspectors (NACHI).

Education/Credentials
Certified Master Inspector (CMI) National Association of Certified Home Inspectors (NACHI) Licensed by the Texas Real Estate Commission (TREC #4565)
See more info: http://texas-inspection.com

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