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Dear Barry,
When we bought our home, eight months ago, we asked the home inspector for his opinion regarding rust at the base of the bathtub. He said this was caused by water dripping from the shower curtain. But this week we learned otherwise. While remodeling the master bedroom, we discovered moisture on the wall opposite the tub, and upon further investigation we found leakage beneath the tub. We also have learned from the neighbor that the seller had previous leakage in this area, once causing flooding of the house. The warranty company refuses to repair the problem, leaving us with one question. Who is responsible for this mess?
Nicole
Dear Nicole,
Liability for your predicament points in more than one direction. Your home inspector apparently made a faulty judgment in assuming that the cause of the rust damage was dripping from the shower curtain. This opinion may or may not have been justified, depending on what evidence was apparent at the time. On the other hand, careful scrutiny of the surrounding areas might have led to a more accurate conclusion.
The sellers had a responsibility to disclose past flooding. However, they may have thought that former problems, having been corrected, no longer warranted disclosure. This is an error made by many sellers, sometimes resulting in serious conflicts after the sale of a home.
At this point, it may be possible to get the inspector or the sellers to take responsibility, but this is not a clear-cut situation with regard to liability. The leakage is a long-standing condition, not a new one, and from that perspective it would seem reasonable for the sellers to share in the repair costs. All you can do is try to negotiate a settlement or possibly test the matter in small claims court.
Dear Barry,
When the buyers of our house hired a home inspector, our agent insisted that we not be home during the inspection. We had wanted to be there to point out some issues to the buyers and to comment on conditions found by the inspector. But we were prevented from attending. Somehow, this seemed to be an unreasonable requirement, and we want to know why this was necessary. After all, it's our house. Please let us know your thoughts on this.
George
Dear George,
For openers, it is neither necessary nor is it a requirement that sellers leave vacate the premises when a home inspection is in progress. Agents can ask (and often do) that sellers not be present during an inspection. They do this to enable buyers and inspectors to speak freely about the condition of the property. Additionally, they try to avoid direct encounters between buyers and sellers, fearing the possibility of disagreements or emotional exchanges that might jeopardize the sale. Notwithstanding these considerations, it is your right to be in your own home whenever you see fit. It is, as your say, your own house, and no one can mandate that you not occupy it, even when a home inspection is taking place.
Distributed by Access Media Group. To write to Barry Stone, please visit him on the web at www.housedetective.com
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