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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

 
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  #16  
Old 12/28/09, 9:38 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Location: Shawnee Mission, KS
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Default Re: Case or no case?

Breen -

There are several things that immediately peek my antenna:

1) The plumber is NOT the code official, AND a home inspector is not doing a code inspection. Many things in a home can be working BUT not meet current codes. The home inspectors checks operation.

2) Even if something is NOT up to current code, it may have met code when built OR the city / county may have chose not to enforce this.

Three months ago I ran into a remodel that had put a bathroom around the electrical panel - I had to climb into the tub to get to the panel. The city had LET them do it OR overlooked it (it was permitted).

I can venture my opinion / the plumber can venture his, BUT the city or county is the ONLY party that can ENFORCE or NOT a code requirement.

3) Therefore DID the sellers get a PERMIT to have the remodelling work done, AND if so where is the permit and final code inspection?

4) If they didn't get a permit, I'd be looking to my sellers for this........

5) Your problems may be the sellers own doing.

6) I also find it questionable the plumber took the parts with him, so the inspector or his expert can't look at the problem.

7) Last week, my neighbors kitchen sink backed up. She called a local plumber, and he told her the cast iron "P-Trap" was defective (clogging up inside) and needed to be replaced. He replaced it / for $645 (with the 10% senior citizen discount).

I figure there was about $25 worth of materials and he was there a grand total of about 2 hours and 10 minutes according to her.

Think about it.
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  #17  
Old 12/30/09, 9:07 PM
Brian C. Hoagland Brian C. Hoagland is offline
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Default Re: Case or no case?

Which is why I said you might want to consider reporting the plumber to the BBB too! It's far to easy for contractors to throw the inspector under the bus as a part of their sales routine and it is a dishonest practice. After all no one knows the condition or functionality of a system at any point in time other than the individual who was present and examined it then.
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  #18  
Old 1/5/10, 9:18 PM
James R. Szczesny's Avatar
James R. Szczesny James R. Szczesny is offline
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Location: Seattle,Wa
Posts: 332
Default Re: Case or no case?

BREEN! Take pics next time. No lawsuit if there is no picture. Who knows what it looked like?



J.Szczesny
4 Seasons Home Inspections
Washington State Inspector # 711
800 5th Ave #101-385
Seattle, Wa 98104
(206)391-0285

online @ www.4seasonsinspects.com
email @ info@4seasonsinspects.com
toll free cal @ 866-512-9972

"For the best protection,
get the right inspection"


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  #19  
Old 1/5/10, 10:36 PM
RAY THOROMAN RAY THOROMAN is offline
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Location: Gainesville, GA
Posts: 629
Default Re: Case or no case?

Quote:
Originally Posted by Breen Dix View Post
Hello assembled brain trust,

I am a recent first-time homebuyer who payed a small and reasonable fee for a home inspection as part of the standard real estate transaction process. The inspection found no serious concerns and the purchase went through. The home is approximately 40 years old but the kitchen, HVAC, etc., had all just been renovated by the sellers. I am no expert in any of this.

Approximately 45 days after the inspection, the kitchen sink began backing up so a plumber was called in. The diagnosis was incorrectly installed waste piping and p-trap assembly, all of which the plumber says was not up to code and should never have passed the home inspection. In fact, the assembly was of such poor design that it was taken back to the company to use as some sort of "what not to do" training. The repair bill for replacing the entire waste piping and p-trap assembly correctly, in accordance with local code this time, ran to about 3 times the cost of the entire home inspection itself.

My basic question for this community is: how upset with my home inspection company do I have a right to be?

1. Is the plumber correct -- should this have been caught by the home inspector?
2. In your experience, do I have a legitimate legal case in small claims court for:
a. Refund of home inspection fee
b. Repair costs

I look forward to your comments.

Thanks -


Too little information to go on here. Can tell you one thing, most inspectors do not inspect to code, some bozos do though. Did your inspector or the agreement you signed explain to you that your inspector did in fact inspect to code?


How much plumbing did you replace? Drain and Vent piping? What type of piping was replaced? $750 for some under the sink repairs is beyond crazy.

45 days, no issues? You said the home was renovated, does that include the plumbing? P-Trap would clog if it was installed wrong and you put food down the drain or other stuff.

So:

Do you have a right to be upset? Yes. Does that get you anywhere, IMO...no. Lessons learned? Yes. Next time do your research and hire the best inspector in town, you can find him trust me. Plumber, get 3 estimates.


Last:

1. Maybe
2.
a. Maybe
b. Maybe



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