Go Back   DIY Chatroom Home Improvement Forum > DIY Repair > General DIY Discussions

CLICK HERE AND JOIN OUR COMMUNITY TODAY...IT'S FREE!

Reply
 
Thread Tools Search this Thread Display Modes
Old 05-01-2012, 08:04 AM   #16
Newbie
 
Join Date: Apr 2012
Posts: 5
Share |
Default

How to I legally pursue this home inspector?


I'm going to get pictures as soon as the rain lets up. I'll tell you this: It's not superficial. I removed wet drywall from behind one of the worse looking areas and the brick is wet. I have water coming all the way down the inside of the house. But the licensed and certified mason I had come look at it told me that it may have never been touched in the 80+ years of it's existence. Only the front of the house is pictured in the report, and guess what? That's the only part of the house that look great. As in, several orders of magnitude better. Go figure. I'll get pics when I have a chance. I want to make something clear though: I'm not trying to pursue this company out of spite or resentment. I am a first time home owner, just married and out of college, and have 0% experience under my belt in home buying and judging defects in a house I want to buy. I'm struggling to keep us above the water as the only one with a job at the moment, and I feel that being slapped with this kind of hardship is experience (yes, I get it) but one that will seriously screw me. I'm going to be looking for a new homeowners policy. This one is still processing a claim for when my house was broken into just after buying where they took all the kitchen appliances and all my tools and equipment. So if they cancel me I might retroactively not be covered for that. I don't mean to sound vent-y. I'm just trying to figure this one out.

wzolla86 is offline   Reply With Quote
Old 05-01-2012, 09:47 AM   #17
Member
 
Join Date: Feb 2012
Location: Northern Virginia
Posts: 157
Default

How to I legally pursue this home inspector?


All inspectors miss things. Mine missed a roof leak and a shower head leak ($2,000 in repairs) both of which surfaced weeks after buying the house. I blame the previous owners as much as the HI. They had to know about both issues.

In your case though, it sounds as though the HI may have been negligent -- if the damage is as bad, and as clearly evident as you say it is. Did you specifically raise the condition of the brick as a concern during the inspection? If so, and he said it was fine? Then you may have a case, I don't know.

I would look for a residential real estate lawyer who is willing to take on a smaller case.

It's easy for us to say learn from it and move on but $6,000 can really set someone back.

You had all of the major kitchen appliances stolen from your house right after you bought it? Tough break. Did anyone check the previous owner's new house?
silversport is offline   Reply With Quote
Old 05-01-2012, 10:10 AM   #18
Newbie
 
Join Date: Apr 2012
Posts: 5
Default

How to I legally pursue this home inspector?


@ silversport

Thanks, it's amazing how much "learn from it" and on some forums "suck it" you get but that's the internet. You get the good with the bad. Ultimately, "learn from it" is stating something that's happened regardless of whether or not you do something. A more complete response would be either "learn from it and do something about it" or "learn from it because you cant do anything". Doesn't matter. Ultimately, when the people who look up to me ask me what we can do about it, shrugging and saying "learn form it" is unacceptable.

Thanks for the advice on the real estate lawyer, I'll try to talk to one that specializes in that.
wzolla86 is offline   Reply With Quote
Old 05-01-2012, 11:48 AM   #19
Member
 
joed's Avatar
 
Join Date: Mar 2005
Location: Welland, Ontario
Posts: 7,539
Default

How to I legally pursue this home inspector?


Even good brick is NOT waterproof. There should be a barrier of some type(tar paper, house wrap) to keep the water off the insulation and drywall.
__________________
Do not PM with questions that can be asked in a forum. I will not respond.
joed is offline   Reply With Quote
Old 05-01-2012, 12:10 PM   #20
Member
 
concretemasonry's Avatar
 
Join Date: Oct 2006
Location: Minneapolis/St. Paul, Minnesota - Latitude 45.057 Longitude -93.074
Posts: 3,751
Default

How to I legally pursue this home inspector?


Wzolla86 -

I did not catch your location . Have you checked whether you are lucky enough to have a state certification program for Home Inspectors? Usually the programs are designed to keep out the amatuers and provide guidelines for performance and liability. The are usually encompassed in the contract or proposal for the inspection and also included somewhere in the report or other documentation.

Relying on an inspection in an unregulated area is suicide, unless you have checked out the credentials and experience of the inspector that was referred to you and you hired on your behalf.

A "licensed and certified" mason (even if it exists) is no where near a qualified investigator, although I have found many great ones during my 40 years of dealing with them.

If you do not have a primary water barrier behind the veneer/siding, the construction was not adequate at the time or was not required for a rowhouse. Vinyl siding is notorious for leakage and this has pointed out the need for a moisture barrier in all construction, but unfortunately a visual inspection will never show if it exists. Tuck pointing of older veneers is very common and is a good investment.

Fortunately, the Realtor (a loose group with minimal credentials in many areas) suggested the inspector you hired. Would you buy a car based on the suggestion of a Realtor, that always has a nice car, and the cost of the inspection is minimal compared to the cost of a car. Your inspection may have been a minimal inspection as a courtesy to the Realtor to complete the sale at a cost of less than $400 to you. The good inspectors charge much more and usually work for the sellers to prepare the home for an open and clean sale.

Dick
concretemasonry is offline   Reply With Quote
Old 05-01-2012, 01:24 PM   #21
Newbie
 
Join Date: Apr 2012
Posts: 5
Default

How to I legally pursue this home inspector?


@concretemasonry

Massachusetts. The report gives his license number. This company is sketchy, as they have on their website that they are Better business Bureau accredited (with an A+ rating too!) but upon contacting the BBB they informed me that they are in fact NOT accredited and furthermore have had a number of complaints against them. I know home inspection companies get alot of crap. How many get their complaints taken all the way to the BBB? The contract says that I have to let them inspect it before I repair if I have a complaint, otherwise i waive my right to take legal action about it, so I should have someone contacting me to schedule that.

There was rotten paper between the wall and the brick. The walls are lath and plaster with no insulation either. A lawyer referred me to an inspector who is "feared by other inspectors" because he is routinely employed by the state as their Expert Witness when they have a problem, was on the Board of Examiners for the Home Insurance License exam, is a licensed general contractor and currently the CEO of his own inspection company. I could have him come over and determine whether the H.I.'s report falls within the Home Inspectors Standard of Practice. Only thing is it's a $1000 to $1500 inspection. But if this inspector was shoddy enough to miss something so obvious, who knows what else they could find on the re-inspection...
wzolla86 is offline   Reply With Quote
Old 05-01-2012, 03:59 PM   #22
Member
 
Join Date: Feb 2010
Location: MI's Western UP
Posts: 599
Default

How to I legally pursue this home inspector?


some insurance inspectors are way over the top super picky. That doesn't make your initial inspector incompetent.
forresth is offline   Reply With Quote
Old 05-01-2012, 04:52 PM   #23
Member
 
concretemasonry's Avatar
 
Join Date: Oct 2006
Location: Minneapolis/St. Paul, Minnesota - Latitude 45.057 Longitude -93.074
Posts: 3,751
Default

How to I legally pursue this home inspector?


wzolla86

You hired a home inspector to do a cheap visual inspection. How in the world could you expect a destruction of the wall to determine the condition? You contacted someone to do a visual inspection as a guest which will not cover any destruction, reconstruction and testing of "suspect" materials and details. That is why the "expert" wants for over $1000 for a reasonable observation without testing and destruction costs included since the extent cannot be determined in advance.

I have been an expert witness many times and flying for a day and spending a few days (at $200/hour) wasting time gets pretty boring unless you have nothing better to do.

Dick

Last edited by concretemasonry; 05-01-2012 at 04:56 PM.
concretemasonry is offline   Reply With Quote
Old 05-01-2012, 08:25 PM   #24
vln
Underwriter
 
Join Date: Jun 2011
Posts: 96
Default

How to I legally pursue this home inspector?


Wow, guys, slow down. Don't start attacking wzolla86.

This is a DIY forum, not a professionals forum. He came here for advice from other homeowners and DIY'ers advice. Not to be hounded.

I notice alot of rude comments to newbies here, you guys are really defensive (Looking at you Doc Huckleberry). What happened to helpful friendleness?

Keep it civil.
vln is offline   Reply With Quote
The Following 2 Users Say Thank You to vln For This Useful Post:
99BN99 (04-10-2014), electures (05-04-2012)
Old 05-01-2012, 08:34 PM   #25
Retired from the grind
 
gregzoll's Avatar
 
Join Date: Dec 2006
Location: Midwest - Central Illinois
Posts: 14,122
Default

How to I legally pursue this home inspector?


Quote:
Originally Posted by vln View Post
Wow, guys, slow down. Don't start attacking wzolla86.

This is a DIY forum, not a professionals forum. He came here for advice from other homeowners and DIY'ers advice. Not to be hounded.

I notice alot of rude comments to newbies here, you guys are really defensive (Looking at you Doc Huckleberry). What happened to helpful friendleness?

Keep it civil.
What are you talking about? Maybe you need to go back and re-read everything. And when did you become Mod? I do not know who you are, but looking at your post count, I can tell that you just jumped right and and assumed everything.

BTW, it is the HI that is getting beat up, along with the Insurance company, not the OP.
__________________
Ren: Now listen, Cadet. I've got a job for you. See this button? Ren: Don't touch it! It's the History Eraser button, you fool! Stimpy: So what'll happen? Ren: That's just it. We don't know. Maybe something bad, maybe something good. I guess we'll never know, 'cause you're going to guard it. You won't touch it, will you?

Last edited by gregzoll; 05-01-2012 at 08:38 PM.
gregzoll is online now   Reply With Quote
Old 05-01-2012, 09:03 PM   #26
vln
Underwriter
 
Join Date: Jun 2011
Posts: 96
Default

How to I legally pursue this home inspector?


Sorry, but to me it seems like all of you are posting, oh, yeah, that happens, too bad so sad.
vln is offline   Reply With Quote
Old 05-02-2012, 05:50 AM   #27
Member
 
Join Date: Oct 2011
Location: Ohio
Posts: 2,546
Default

How to I legally pursue this home inspector?


Quote:
Originally Posted by wzolla86 View Post
how do I handle this?...... I thought small claims court (in Massachusetts) was only for claims $2000 or less? Should I contact them directly to try to settle it? Any advice on how to move forward would be great.
I do not see any attacking of wzolla. I observed 3 basic questions in his original post. Two were answered and the one about the limit for small claims cases in MA was not.

He recv answers from:


1. At best you may be able to get back the cost of the inspection. I do not think you would ever be able to get back the cost of repairs.
Did you read any disclaimers in the report:

2.You need to start by carefully and thoroughly reading your contract with the inspector. If the inspector did what the contract obligated him to do, you have no case, and should get on with your life.

3. If it was the realtors inspector then may be able go after the realtor as well.

4.Save your money and time and just do the repairs. It will be tough to prove negligence and probably at most you will only receive back the inspection fee.

5.Honestly, there is nothing you really can do.
hammerlane is offline   Reply With Quote
Old 05-07-2012, 07:19 PM   #28
Member
 
Join Date: Oct 2009
Posts: 199
Default

How to I legally pursue this home inspector?


From what I've seen home inspections done as part of a sale are pretty much a joke. I've seen them completely ignore visible mold in attics....state my 5 yr old water heater was near end of life based on age...they ID a lot of stuff that is non-issues...and totally miss things that they should be pointing out. most have marginal qualifications at best. good luck.

Oh and unfortunately I agree there ain't much you can do but fix it and move on. I feel more and more these days folks are just trying to get your money and deliver little if anything for it. Part of getting on in years for me I s'pose.
piste is offline   Reply With Quote
Old 05-15-2012, 02:21 AM   #29
Member
 
Join Date: Dec 2010
Location: BC Canada
Posts: 500
Default

How to I legally pursue this home inspector?


You could go after him, however it will cost time and money, and your not guaranteed anything-as suggested I would read the contract you signed with him, see what kind of liability disclaimers are in place.

Sounds like you have an older house, it wouldn't surprise me that no insulation would be in place if lath and plaster is on the wall. If you do open up any walls probably worth it to check out the utilities-electrical, plumbing, etc.

That's the thing about older houses-they are beautiful, but expensive.

Hope it works out OK for you.

chrisBC is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Oh! 1st home! Closing in two weeks! 30 Pics! Firefighter3244 General DIY Discussions 29 07-02-2014 08:03 PM
Condensation on fiberglass window frame creamaster General DIY Discussions 11 01-05-2012 07:42 PM
NEWBIE- Looking to build my own Barn Home in Idaho LAWFISH General DIY Discussions 2 11-14-2008 07:43 PM
A facelift for your home Grumpy Remodeling 0 07-07-2004 07:43 PM




Top of Page | View New Posts

Copyright © 2003-2014 Escalate Media. All Rights Reserved.