Close

Christina Osborne

ABR, ALHS, CHMS, CNE, CPRES, GRI, HDMS, MCNE, MRP, SRS, SRES, SFR, TAHS
  4.97/5 View Ratings
Houston Realty Team
< BACK Subscribe

Are home Inspectors Liable for overlooked problems? Friendswood, League City and all Of the area...

February 24th, 2012


As I get information from many different sources daily, I want to be sure you get some of the most interesting.  This was sent to me via LOWE's Real Estate news:

3 home defects that can elude discovery

Who's liable for items overlooked during inspection?

By Barry Stone
Inman News®

DEAR BARRY: We bought our home two months ago and have discovered three defects that our home inspector overlooked. These include a water leak under the kitchen sink, a gas leak in the front yard, and an unsupported PVC pipe for the front-yard hose faucet. Is our home inspector liable for these defects? --Lissa

DEAR LISSA: Some of these defects may involve liability and some may not. Here is a short review of each of these items:

1. If there was a visible plumbing leak under the kitchen sink, your home inspector probably should have seen it. If the cabinet below the sink was packed with miscellaneous stuff, the problem may not have been visible on the day of the inspection. In some cases, storage prevents the discovery of defects during an inspection.

2. If the gas was leaking at or near the exterior of the building, the inspector would most likely have encountered it. If the leak was occurring in one of the yard areas away from the building, it could easily have been missed.

3. If the yard faucet is installed on an unsupported PVC plastic pipe, support is needed to prevent breakage, but this is too simple a repair to involve concerns over liability. All that is needed is a metal stake driven into the ground and strapped to the PVC pipe.

When issues such as these arise, the home inspector should be contacted immediately. Reputable inspectors will address these concerns by revisiting the property to see what may have been missed. A mistake many people make is to have the problems repaired and then contact the inspector to demand payment.

When liability issues occur, the inspector should be given the opportunity to see what was missed during the inspection. Home inspection agreements, in many cases, specifically require notification prior to making repairs.

Hopefully, you have a home inspector who takes pride in his work and will seriously consider your concerns.

DEAR BARRY: We bought a foreclosed home, as is, from a bank. When we removed the old carpet, we found large cracks in the slab, leading to costly foundation problems. The contractor who repaired the foundation found evidence of previous foundation repairs that were done incorrectly.

We searched the county records and found that this older work had been done without a permit. Is the bank that sold us the properly liable for not disclosing this problem? --Carrie

DEAR CARRIE: Banks are exempt from disclosure laws because, in most cases, they are unfamiliar with the homes they acquire through foreclosure.

If you had bought the home from a private party, that person might have had knowledge of the substandard foundation repairs and would have been required to provide disclosure. In your case, the bank was probably unaware of the problem and could not have provided disclosure.

Unfortunately, some banks take advantage of the disclosure loophole by avoiding information that they might have to disclose. For example, if you had hired a home inspector and had then decided not to buy the property, the bank would probably not have requested a copy of the report.

Without having seen the report, the bank could maintain plausible deniability with other buyers.


Join the discussion

To post a comment on this blog post, you must be an HAR Account subscriber, or a member of HAR. If you are an HAR Account subscriber or a member of HAR, please click here to login. If you would like to create an HAR Account account, please click here.

Login to Comment
Disclaimer : The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of the Houston Association of REALTORS®

Join My Blog

This is a Real Estate blog focusing on market trends, buying, selling, and all aspects of the real estate market, how it affects you and as well as things you need to know... Focusing on Friendswood, Clear Lake, League City, Dickinson & Santa Fe.
Houston Realty Team
2925 S. Gulf Freeway Ste B209, League City, TX 77573   Get Directions
Phone: (512) 931-4111
Fax: (281) 402-1967
  • Archive
    •     2023
    •     2022
    •     2021
    •     2019
    •     2018
    •     2017
    •     2016
    •     2014
    •     2012
    •     2011