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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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  #1  
Old 10/13/10, 2:18 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default "Who should get the blame?" she asks....

I received this email, today...
Quote:
I recently purchased a home. Had a professional home inspection and he did find some things that the seller fixed but after closing and moving in, I found several things-nothing too major, but enough that I had to have fixed by plumber. Several things that the inspector did not catch but the plumber stated were not done to code-PVC pipes in downstairs sink were 2” verses 1”, hose running from sink in garage ran through wall with flex hosing to hot and cold water faucets for washer dryer. Lights in all bathrooms light and fan was switched backwards. The biggest was that the toilet in finished basement was slightly raised off floor which allowed a horrible smell to eminent from when you used other toilets in house. The plumber found that the toilet was set with wrong flange and with a shim(wood) to make it level. That repair alone cost $208.00 which I am trying to recoup from either seller, sellers realtor or my realtor. No one wants to accept responsibility for this.

Some things the Inspectors said were not code but in a later conversation said he could not always go by code rules.

Who do I find fault with, inspector or homeowners??

I will not use this email as firepower just a woman who needs a frame of reference on who to go to for answers.

Thank You,


(Name Withheld by JHB)




I have already replied to her and will furnish my response after a few others have kicked in.



James H. Bushart

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Missouri, Kansas and Arkansas
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  #2  
Old 10/13/10, 2:49 PM
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Billy Boerner Billy Boerner is offline
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Default Re: "Who should get the blame?" she asks....

My my my... that's all I have to say Jim.



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  #3  
Old 10/13/10, 2:54 PM
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James H. Bushart James H. Bushart is offline
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Default Re: "Who should get the blame?" she asks....

Quote:
Originally Posted by bboerner View Post
My my my... that's all I have to say Jim.
Respond to the letter, Billy. What would you say?



James H. Bushart

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  #4  
Old 10/13/10, 2:56 PM
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Billy Boerner Billy Boerner is offline
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Default Re: "Who should get the blame?" she asks....

Quote:
Originally Posted by jbushart View Post
Respond to the letter, Billy. What would you say?
I would say that's what you get for price shopping. No for real let me give it some thought. I'll be back later.



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  #5  
Old 10/13/10, 3:07 PM
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Sean Fogarty Sean Fogarty is offline
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Default Re: "Who should get the blame?" she asks....

I personally would tell her while we as inspectors try to find as many issues as possible, there are some minor items that could be missed within the time frame of our inspcetion. Our job is to help you find the bigger issues, and to ensure that you are purchasing a safe and properly built home. All homes will have areas where things were not installed to code, and we as inspectors can not possible keep up with all codes from all areas and jurisidctions.
There are many homes that if I called out all defects great or small, I would be there almost a week. Sometimes we have to note the major items, and tell the customer that once the big stuff is cleaned up or addressed we could come back and take a second look.

The toilet is a great example of how only some things can be found once someone lives in a home for a while.




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  #6  
Old 10/13/10, 3:16 PM
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KEVIN WOOD KEVIN WOOD is offline
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Default Re: "Who should get the blame?" she asks....

That is correct. If the bill does not go above 10,000 there is no blame.
All areas that are small problems can be attacked by price reduction.
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  #7  
Old 10/13/10, 4:29 PM
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mnahrgang mnahrgang is offline
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Default Re: "Who should get the blame?" she asks....

Quote:
Originally Posted by sfogarty View Post
I personally would tell her while we as inspectors try to find as many issues as possible, there are some minor items that could be missed within the time frame of our inspcetion. Our job is to help you find the bigger issues, and to ensure that you are purchasing a safe and properly built home. All homes will have areas where things were not installed to code, and we as inspectors can not possible keep up with all codes from all areas and jurisidctions.
There are many homes that if I called out all defects great or small, I would be there almost a week. Sometimes we have to note the major items, and tell the customer that once the big stuff is cleaned up or addressed we could come back and take a second look.

The toilet is a great example of how only some things can be found once someone lives in a home for a while.
I'd give her my phone number and have her call me. I'd then take the tact that Sean took verbally. If she really isn't looking for "firepower" then she should be fine with that. If she's secretly looking for "firepower" I don't want to get involved.



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  #8  
Old 10/13/10, 4:35 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: "Who should get the blame?" she asks....

I don't mind being "firepower". I'll help someone sue a lowballer in a heartbeat. Protecting some cheap and sloppy part-time inspector does nothing to protect the consumer or the profession.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
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  #9  
Old 10/13/10, 5:05 PM
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Sean Fogarty Sean Fogarty is offline
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Default Re: "Who should get the blame?" she asks....

Quote:
PVC pipes in downstairs sink were 2” verses 1”,
???? I don't get that one. What pipes? The drains under the sink? They are usually 1 1/4 or 1 1/2.

Quote:
Lights in all bathrooms light and fan was switched backwards.
Switched backwards??? What does that mean. Upside down maybe. Another simple fix almost not worth mentioning. If I did note it, this would not be on the defect list.

THe last one with the W/D sounds funny also. WHat did they do add a deep sink in the garage and T into the washer hose bibs. So what. Hell of a lot cheeper than running new plumbing.

After reading this note more thoroughly I think the woman needs to find somthing else to gripe about. If they were justifiable issues I could understand, but you would have to see them for yourself to verify. From her terms used she doesnt quite understand fully.

I usually find bigger things to worry about. If thats all I have to wirte up, then its a great house.




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Fogarty Inspection Services Group of Knoxville TN

Home inspections, Commercial Inspections, Thermal Imaging, Mold, Enviromental Testing and Radon Testing for Knoxville TN, Oak Ridge TN, Maryville, Clinton, Farragut, Lenoir City, Pigeon Forge, Sevierville and all the surrounding areas.

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  #10  
Old 10/13/10, 5:21 PM
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Russell J. Hensel Russell J. Hensel is offline
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Default Re: "Who should get the blame?" she asks....

First of all........it says after she moved it.....like a day, a week, a month, a year. Are the defects actual and true or did the plumber take her for a ride? I do not warranty ANYTHING unless I am called FIRST...if someone else touches it, they own it!



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  #11  
Old 10/13/10, 5:42 PM
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Jeffrey R. Jonas Jeffrey R. Jonas is offline
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Default Re: "Who should get the blame?" she asks....

Quote:
Originally Posted by sfogarty View Post
???? I don't get that one. What pipes? The drains under the sink? They are usually 1 1/4 or 1 1/2.
Sean,
I bet you dollars to donuts that the basement sink was plumbed with 2" pipe. I also bet you that the sink was a utility sink that also served as the standpipe for the washing machine, which requires a 2" drain. Sounds like someone got taken for a ride!
Jeff
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  #12  
Old 10/13/10, 5:43 PM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: "Who should get the blame?" she asks....

Plumber probably needs some extra income, like most contractors. She should have got several bids/second opinions. We can only see and inspect what we have access to. Buying a new home is like driving someone else's car; it works, but it is different.



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  #13  
Old 10/13/10, 5:58 PM
wsiegel wsiegel is offline
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Default Re: "Who should get the blame?" she asks....

Blame it on the realtor, she probably referred the inspector. They should both split the repairs.
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  #14  
Old 10/13/10, 6:11 PM
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Jeffrey R. Jonas Jeffrey R. Jonas is offline
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Default Re: "Who should get the blame?" she asks....

Which relative was the plumber?
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  #15  
Old 10/13/10, 6:19 PM
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Chuck Evans Chuck Evans is offline
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Default Re: "Who should get the blame?" she asks....

If she wants me to get all involved in her mess, she can hire me. I'm not going to spend an hour crafting a response for her if she is not my client. My advice to her would be to go back to the inspector that she DID hire and discuss the specifics of each item with them.

She clearly does not understand the implications of some of the items that she is talking about and you have only what she provides by means of explanation to go by. You don't even have the opportunity to go back and see the issues as they were before repairs were made. You will have to make too many assumptions to try to make heads or tails of her situation unless you get into reviewing the report, the photographs and interviewing both the inspector and plumber and possibly inspecting the items first hand. You can only add confusion and potentially misinformation by trying to comment on culpability at this point.

I hope you will share your response.



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Last edited by cevans; 10/13/10 at 6:23 PM..
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