Expert: liznarr - 7/27/2007

Question
My husband and I bought our first home and closed Escrow 12/15/06.  Since then, things have been falling apart.  The latest problem is the swamp cooler.  During our inspection, we were told it was winterized.  The roofer, and the company I had come to service the swamp cooler has informed us that it never was and that the whole thing is basically destroyed.  Water pipes have burst, the motor, pulley and everything in the swamp cooler is basically non-repairable.  Our insurance company says that they only cover immediate accidents.  What can we do?  We feel totally cheated and lied to.

Answer
Hi Sharon,

Sorry to hear of your dilemma, but disclosure issues are fast-becoming an ever-increasing problem in the real estate business.  

If you ever buy another home, be sure and research good, reputable home inspectors and pay for the best.  Remember that home inspectors do not generally inspect heating and cooling units, so you should always use an expert in the heating/cooling business to do those inspections separately; ditto for swimming pools and other specialty systems in a house, including termite and water infiltration inspections.

I’ll have to admit, I had never heard of a swamp cooler.  I did go online, however, before answering your question to research what a swamp cooler is and how it works.  Very interesting, and I now assume you live in a dry climate area of the country.

Back to your problem, if you paid a home inspector to do a home inspection and were advised the cooler had been winterized and it had not been, I believe you have a strong case against the home inspector.  However, I do hope his report was reduced to writing as proof of what you were told.

A good home inspector, like a good Realtor, will carry Errors & Omissions insurance coverage.  First you need to obtain a written report from the company that came to service your unit, detailing what you wrote me.  I would then suggest that you call the home inspector, report your findings to him, and ask that he replace your unit.

If you do not receive a favorable response from him, you need to contact a good attorney.

Other questions I have are:

1.   Did you choose the home inspector, or did your Realtor recommend?  If your Realtor recommended, he/she might also have liability.  Again, an attorney in your area can give you the advice you need after hearing all the details.

2.   Did the Seller present you with a written disclosure report on the home you purchased?  If not, is it a law in your state that this be provided?  (Your state’s Real Estate Commission can answer this question for you.)

3.   If the Seller represented things to be other than they way you have now found out they are NOT, this is fraud … intentional misrepresentation.  Once again, a good attorney in your area will be able to advise you further.

I hope 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