help with inspector

[Debbie J. Smit]

I was told by Russel Ray to try this. He says he is a member and posts here quite often. On or about May 21, we had a home inspection done a condo we were purchasing. The inspector told us that he has a 90 day warranty on inspections but failed to tell us until after the inspection was done that the warranty did not cover anything over 11 years old. Had we known this we would have requested a home warranty from the seller. We were told that the dishwasher and central air were in working order. On June 17th we moved in to the condo. On June 18th we tried the dishwasher, doesn't work. About 1 week later, we wanted to use the central air, so we turned it on and it is completely dead. We have tried contacting the inspector to inquire about the air conditioner and he will not return our emails. We would like the central air fixed or replaced , but since it is not covered under the warranty, we think that we should at least get the $200 we paid for the inspection returned to us. Right now I am sitting in an 85 degree room writing this post. it will cost at least $2200 to replace the central air. It cannot be fixed because it is too old. Is there anything that we can do to get this inspector to help us out? Is he not returning our emails because he knows he messed up the inspection? Or he just doesn't really care. There was not anyone living in the home between November and May so no one messed with the unit after it was inspected or used the dishwasher either. Thank You for any help you can provide.

[iniquette]

Can you possibly call me at 920-251-3504? I would really like to talk to you about this. Thanks. Or send me your number and I will call you if need be.

[Joe Funderburk, CMI]

Did the inspector neglect to tell you the limitations on claims for structural or mechanical issues? Did he neglect to tell you everything that is excluded from a claim? You apparently didn't read the warranty you were given (I'm assuming you were provided with a copy of the warranty prior to closing).

My sympathies lie with the inspector, not a buyer who fails to read the fine print on what was probably a 1 page document.

[James H. Bushart]

How do you know the Seller's warranty would not have also disclaimed an 11 year old unit? I think all of them do.

[rdawes]

Originally Posted by jbushart

How do you know the Seller's warranty would not have also disclaimed an 11 year old unit? I think all of them do.

It's only one example but when we bought our house we got a home warranty from American Home Shield. They covered the 3 units that at the time were about 13 years old. One of the compressor/condenser units has since been replaced by AHS and the others have had work.

[Russel Ray]

Hey, Debbie.

Glad to see you're here.

I believe Debbie is in Michigan if I remember correctly, so maybe some other Northerners in addition to Ian can help out. Thanks, Ian.

Let's see what kind of help we can get for you here since I'm not familiar with Michigan's various legal statutes, if any, relating to home inspections and home inspectors.

[Debbie Smith]

We did look at his warranty. but since he said everything worked we figured he knew what he was doing. Ater all he is the inspector. Also, his contract says that if any of the components fail within 90 days he will pay up to $1000 to cover repairs or give a money back guarantee on the fee he charged us. He won't even respond to us.

[Debbie Smith]

You were right they did all side with inspector. Nice people.

[Debbie Smith]

I'm sorry not all of them just a couple. At least one was kind enough to try to help us. Thank you

[Russel Ray]

Hey, Debbie.

There will probably be more weighing in. I have quite a few people who stalk me and my posts on this Message Board. That can be both good and bad, but I'm sure we'll have some more responses. Keep in mind that it's the weekend, so we might not get some real good action and responses until early in the week.

[Debbie Smith]

I just received a phone call from Brian, He of course was very angry and says he will not refund our money and will not stand by the warranty. Claiming that the items were working when he inspected them. Since I really don't have any proof that they weren't. I guess that we will chalk it up to a bad inspector and the fact that we didn't know what we were doing. To all first time home buyers, beware and if possible get a second opinion. I will not be bothering you. I will be looking for a second job to pay for a new air conditioner and new dishwasher and the furnace that we will probably have to buy this winter, because he said that works too, although being the middle of summer, we won't know until it is too late. Thank you to rray for your help and to the other person who offered help, I think we will pass. The only thing I could do at this point has already been done. He is a member of the BBB and I have asked them to try to help us. I have heard that there is not much they can do though. Thanks anyway.

[Russel Ray]

Originally Posted by Debbie Smith

I just received a phone call from Brian, He of course was very angry and says he will not refund our money and will not stand by the warranty. Claiming that the items were working when he inspected them. Since I really don't have any proof that they weren't. I guess that we will chalk it up to a bad inspector and the fact that we didn't know what we were doing. To all first time home buyers, beware and if possible get a second opinion. I will not be bothering you. I will be looking for a second job to pay for a new air conditioner and new dishwasher and the furnace that we will probably have to buy this winter, because he said that works too, although being the middle of summer, we won't know until it is too late. Thank you to rray for your help and to the other person who offered help, I think we will pass. The only thing I could do at this point has already been done. He is a member of the BBB and I have asked them to try to help us. I have heard that there is not much they can do though. Thanks anyway.

That's too bad. I'd rather see you two come to an agreement somewhere in the middle, but, again, I haven't seen his report.

[Joe Funderburk, CMI]

Originally Posted by Debbie Smith

We did look at his warranty. but since he said everything worked we figured he knew what he was doing. Ater all he is the inspector. Also, his contract says that if any of the components fail within 90 days he will pay up to $1000 to cover repairs or give a money back guarantee on the fee he charged us. He won't even respond to us.

There is no excuse for the inspector not responding to your calls or emails. That is indefensible and a horrible business practice and I would not use him for that reason alone.

However, regarding the warranty, if you read it, as you say you did, then you should have realized that the warranty wasn't going to pay to fix a mechanical system 11 years or more old. Think about it. You buy a house with a 20 year old AC and when it quits, do you really expect the warranty provider to pay for repairs? If the warranty is like mine, there is also a $500 maximum payout on repairs to mechanical equipment, so you don't get a whole lot of coverage. My warranties are 1 page long. It doesn't take much reading to realize what you get. And you probably didn't pay anything for it...it was thrown in as part of the inspection.

Please provide an exact quote from the inspector's contract about the $1000 or money back offer. That may be a whole different issue about which I would side with you, but I need the exact wording.

[Dennis Hodkinson]

It's actually on his web site and it say:

Better Than Money Back Guarantee
If any major system fails due to a defect that was present and visible at the time of inspection and was overlooked by us, you will be refunded 100% of your inspection fee.
PLUS if its not covered by our Free Home Warranty we will pay up to $1000.00 of replacement value by a qualified professional. This guarantee is offered for a full 90 days after date of inspection.*

[Michael Larson]

Originally Posted by Dennis Hodkinson

It's actually on his web site and it say:

Better Than Money Back Guarantee
If any major system fails due to a defect that was present and visible at the time of inspection and was overlooked by us, you will be refunded 100% of your inspection fee.
PLUS if its not covered by our Free Home Warranty we will pay up to $1000.00 of replacement value by a qualified professional. This guarantee is offered for a full 90 days after date of inspection.*

eh Hmm!

Notice that * ?

*Certain limitations may apply.



But I agree with Joe F.

Originally Posted by jfunderburk

There is no excuse for the inspector not responding to your calls or emails. That is indefensible and a horrible business practice and I would not use him for that reason alone.