Need your advice!!!

[Brent N. Grover]

NACHI Friends,

Need your input-A recent client (2 months ago) is trying to "give their house back to original owners based on the fact that they are taking in significant water in the basement. They are not upset with me-I did not find anything that caused alarm in the inspection, the sump pump worked fine, no moisture levels in basement-everything was good. We have had an extreme winter and spring with precipitation-record snowfall and rain-we are in Iowa. My client feels the original home owners did not disclose full extent of water issue which on the disclosure stated that there had been water once upon a time but they put in a sump pump and had no problems since. My clients don't believe that based on the water they are getting in the basement. They would like me to do another inspection with the current state of the basement and water damage. Is that a good idea? Would one report contradict another? I am confident about my first report. They did ask me to at least just come and look and give advice. I looked but offered no advice. I am trying to take care of my clients but also take care of my business. Should I do another inspection? Would I create greater liability for myself? Thank you in advance for your input!

[Rick Maday]

Seems this is headed for court. I'm sure you'll get soe opinions soon.

Your questions should be asked of your attorney.

[Frank M. Carrio, CMI]

Originally Posted by bgrover

NACHI Friends,

Need your input-A recent client (2 months ago) is trying to "give their house back to original owners based on the fact that they are taking in significant water in the basement. They are not upset with me-I did not find anything that caused alarm in the inspection, the sump pump worked fine, no moisture levels in basement-everything was good. We have had an extreme winter and spring with precipitation-record snowfall and rain-we are in Iowa. My client feels the original home owners did not disclose full extent of water issue which on the disclosure stated that there had been water once upon a time but they put in a sump pump and had no problems since. My clients don't believe that based on the water they are getting in the basement. They would like me to do another inspection with the current state of the basement and water damage. Is that a good idea? Would one report contradict another? I am confident about my first report. They did ask me to at least just come and look and give advice. I looked but offered no advice. I am trying to take care of my clients but also take care of my business. Should I do another inspection? Would I create greater liability for myself? Thank you in advance for your input!

You are in a "catch -- 22"! Damned if your do ....Damned if you don't!

When you conducted the first inspection the basement was obviously "dry" and the Sump Pump was FUNCTIONAL in place but not operating. Correct?

Now the basement is full of water and the sump pump is either not operating or...... too small and inadequate to meet the needs.

In either case I suggest that you first;
1. contact an attorney.
2. Go back to the house and conduct another inspection.
3. Try to salvage the situation.


Things to look for ..... is the sump pump running continuously?

Are the discharge lines partially blocked /clogged?

Should the sump pump the "upgraded" to a larger size?

More importantly ...... where is the water coming from?

• Was the area flooded and did the water come through the windows or bulkhead?
  {Hope & Pray that it did.}
• Or did you miss something and it is coming through cracks in the floors or walls that you missed? {Hope & Pray that it did not.}

I suggest that you "Cover your bases" and go back to this house and see if you missed something.

This would be a good opportunity to verify that you did not miss anything.

I suggest that you turn "Lemons into Lemonade" while you STILL have the chance!

Good Luck and..... let us know how this comes out.

PS:
There have been several instances where the homeowner/seller has purposely stacked personal belongings, boxes, sheet rock, and other items on top of structural cracks and blocked sections/corners of the problematic areas of the basement in order to hide "water entry points".

If you find that this is the case it will be easy to verify if you have "taken pictures" during your first inspection.

This is one reason why I always take a digital camera and take several photographs of each room that I inspect.

[lkrausz]

Observed conditions at the time of the inspection.

[John McKenna]

Franks advise is wise...IMHO.

When looking at a sump pump.... remember this.

1- Cannot determine actual performance of pump since conditions are dry.
2- Cannot determine the moisture sealing of basement walls that are below ground.
3- Recommend further evaluation by a qualified Specialist.
4- Since a sump pump is present, then excessive moisture may be present in the
future and conditions that are conducive to moisture may develop if the pump fails
to be adequate in dealing with it (moisture can be conducive to mold, decay and
WDO).

The house that depends on a sump pump is vulnerable to power outages during
a storm, and the pump will not work if it has no power. Has this happened at this
location by chance?

[Brent N. Grover]

Thanks for the input. I started my business one year ago and became a NACHI member. Gutters was not blocked, sump pump was routed to the street drains .This is a finished basement tile and carpet floors. I did use a protimeter on the carpet and walls at time of inspection and their was no elevate levels of moister. The water was coming in a window that had filled up half full with water. I have E&O insurance but have never had to use it and hope that I don't.

[Frank M. Carrio, CMI]

Originally Posted by bgrover

Thanks for the input. I started my business one year ago and became a NACHI member. Gutters was not blocked, sump pump was routed to the street drains .This is a finished basement tile and carpet floors. I did use a protimeter on the carpet and walls at time of inspection and their was no elevate levels of moister.

• The water was coming in a window that had filled up half full with water.
  THANK GAWD!

I have E&O insurance but have never had to use it and hope that I don't.

This FLOODING was an "Act of God / Act of Nature" that you cannot be held responsible for!

You should be free and clear of ALL legal responsibility!

[Brent N. Grover]

My client would like for me to do another inspection with current conditions.
Should I re-inspect?

[Mark Sylvester]

Agree with Frank it's not your responsibility to keep other peoples window wells clean. Did the window wells have drains or are the drains too high are the drains dirty?

[Frank M. Carrio, CMI]

Originally Posted by bgrover

My client would like for me to do another inspection with current conditions.
Should I re-inspect?

WORTH REPEATING!

You are in a "catch -- 22"! Damned if your do ....Damned if you don't!

When you conducted the first inspection the basement was obviously "dry" and the Sump Pump was FUNCTIONAL in place but not operating. Correct?

Now the basement is full of water and the sump pump is either not operating or...... too small and inadequate to meet the needs.

In either case I suggest that you first;
1. contact an attorney.

2. Go back to the house and conduct another inspection STRESSING THE POINT THAT YOU SEE FLOODING !

3. Try to salvage the situation

MAKE SURE THEY KNOW THAT YOU WILL BE CHARGING FOR THE 2nd INSPECTION.

PS:
Did the other houses in that neighborhood flood?

If they did then I would NOT go back. Tell them to contact their insurance company.

[Karl E. Gerhauser]

I want to comment on your new inspection concerns, IMHO this would not be a re-inspect, but would be a new inspection. Home inspections are a snapshot of the condition of the home on the day of the inspection. Your new inspection would not conflict with your old one as it is a different day with different conditions. The different conditions do not disagree or show negligence in you previous inspection. I would do it as a full inspection, not just the damaged area. BTW I agree fully with Frank, you should be fine.

[Brent N. Grover]

Should I re-inspect and should I contact an attorney to be prepared ?

[Karl E. Gerhauser]

BTW, due to the act of Gawd that Frank talked about (the 500 yr flood conditions in your area) you clients probably have no leg to stand on.

[Brent N. Grover]

Thanks for all your help.

[Karl E. Gerhauser]

None of us are attornys, kinda like chicken soup "it couldn't hurt". Most attornys are not well versed in this issues. Make sure you talk to one that is. Maybe Joe Ferry? IMHO, I personally feel the attorny in this case may not be necessary. Your milage may vary.