 Home (and inspector) on shaky foundation
|
 Dear
Real Estate Adviser,
When I bought my first home, I had a home inspector come to the property, and he told me the home had a slab foundation. In the course of renovations six months later, I found I had no slab, just piers atop dirt. I have contacted the home inspector and he denies any fault. But is that really the case?
-- Pier N. Beam
 Dear
Pier,
This "inspector," unlike your new home, I hope, is on a shaky foundation.
One of the most perfunctory and relevant elements of a home inspection,
after all, is determining whether a home's foundation is sound,
much less its composition. It sounds like your guy -- we'll call
him Inspector Clouseau -- curled up for a nap under the backyard
oak tree during that portion of his so-called inspection. I do hope
he at least had the foresight to bring along a level to be sure
the place wasn't on a tilt.
But unfortunately, he's right about his limited liability,
unless you want to spend a bundle on legal fees. With the exception
of the most egregious cases where an oversight results in unexpected
repair costs of five figures or more to the new owner, an inspector's
liability is usually just limited to the inspection cost (usually
$250 to $500). Just for the sake of propriety, you should examine
your copy of the inspection contract, which should say what his
liability would be in the event he failed to detect an existing
problem or condition. Also, look at his notations on the inspection
report to see what his bogus claims are regarding the "slab"
foundation.
If the fallout of having a pier foundation instead of the expected slab was significant for you, then you might have a case. A chat with a real estate attorney will shed more light on the subject. At worst, I would suspect, you are due a refund.
I receive many letters from people such as you who
have received poor and inadequate inspections. Sadly, only about
half of the states have laws that specifically designate what an
inspector is obligated to cover during a home inspection, and those
laws have little bite. That's why it's of the utmost importance
to research home inspectors and their companies thoroughly before
bringing one on board.
For future reference, never hire an inspector recommended
by the seller or the seller's agent for conflict-of-interest reasons.
And don't shop by price. You're liable to get what you pay for if
you hire a hundred-dollar inspector. An ideal home inspector --
we'll call this one Inspector Gadget -- should show up toting the
necessary tools of the trade, including natural-gas and carbon-monoxide
testers, outlet and voltage testers, a moisture meter, a ladder,
flashlights, a level and other measuring devices.
More importantly, check references and certification.
You have a reasonable assurance of quality when you hire someone
who is certified by the American Society of Home Inspectors, or
ASHI. The organization's
Web site maintains a list of certified inspectors by ZIP code.
One last point: If your contract called for binding
arbitration in the event of a costly inspection oversight, sticking
with that process may save you time and keep you out of court. But
it may also limit the amount of damages your may be able to recover.
That's all the more reason for seeking legal counsel to interpret
your agreement if the consequences of this inspector's ineptitude
were costly for you.
I do hope Clouseau didn't cost you much dough.
To ask a question of the Real Estate Adviser, go
to the "Ask the Experts"
page, and select "buying, selling a home" as the topic.
| 
