Expert: Donald Lawson - 7/14/2006

Question
Donald,
I bought my home on June 30, 2004. My realtor (a "buyer's agent")made the arrangements for a home inspection as I was living over 2,000 miles away.

Since moving in several things have come to my attention that I feel should have been noted on the inspection. Had they been noted I would have insisted that these corrections been made prior to closing.

My firepalce is unusable as the damper is severely corroded and not able to be moved. This condiditon existed when I moved in. Due to the climate we decided we would do our best to make it where air would not come in by stuffing insulated packaing material into the chimney and obviously not using the fireplace. It is noted on the inspection that "the damper could not be opened and that a bolt needed to be loosened and grout replaced." As far as I can tell this is in error. It is "opened" not "closed" and was immobile when we occupied.

The previous owner had a "friend" install a new air conditioner/heater about a year before we bought the house. It recently came to my attention that the unit is not properly installed, particularly where the bottom half of the unit and the upper half (outflow to ducting) join together there is not a sheet metal piece around that seam to ensure the unit does not leak air. There is basically duct tape wrapped around that does not seal the seam and my unit's closet in the garage is cooler than my house due to all the conditioned air that blows out of it. On the back side of the unit the gap between the two halves is considerable, perhaps 1 inch wide. Needless to say with our very high electricty costs (17 cents per kilowatt hour) I am paying through the nose.

I just became aware of this condition when I had an a/c man out to check on a leak on my unit. This is the second time I have had water leak and this too I have learned is caused by the "friend's" installation. The unit tilts to the rear thus the water pan is not draining properly.

Do I have recourse against the inspector who checked "OK." on his inspection form? Is there anyone else in the transaction I can place a claim against?


My situation currently is awaiting an estimate on having the a/c unit pulled and "professionally" re-installed.

Answer
Hi Bill,

Sorry to hear about the condition of your home.

This is a tricky question due to all the variables that are involved.

For one thing, each state has different statutes. Some states do not regulate home inspectors while other states do. Some have damage limits, dome don't. Some have statute of limitations, some don't. You see what I'm talking about? You'll have to research on the various regulations your state has. A real estate attorny in your area should be able to tell you all this in a heart beat.

As for the issues with the Inspector. Once again there are a lot of variable. More than likely, the Inspector you Agent chose was one that we call a "Realtors Inspector". One that is soft on homes so they do not upset the Agent and "Kill the Deal".

Also, did you sign an Inspection Agreement or Contract with the Inspection Company? Many times these Contracts will limit the damages you can collect.

The damper may be a "he said/she said" type of thing. Sure, you Inspector should have found it, but after all this time it will be easy to say it has happened since then.

There is a tape used to seal the ducts to the plenum. One type of this tape is grey and resembles duct tape. In fact, if you don't know what to look for, you'll mistake it for duct tape. Make sure it really is duct tape.

Regardless, the Inspector should have noted the air leaks if they were present at the time of inspection.

Make sure you get statements from at least 3 different HVAC companies. Sometimes you'll find that one or two of them are just trying to sell you something. Very few contractors know what a Home Inspector should or should not be looking for, so take what they say with a grain of salt.

You might want to see if the Inspector carries E&O Insurance. If he/she does, you may be able to file a complaint with the Insurance company. Don't bet on it though, most inspection company's do not carry it.

Your best bet may be to lean on your Agent, after all, she is the one that referred him. You might bluff her by saying you're looking at legal action, and since he/she recommended this Inspector, you'll have to include him/her.

I wish you the best, but at the very least I think you have an uphill battle. I really hate to hear about your situation.

Good Luck

Donald