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Barry Stone - certified building inspector and nationally syndicated columnist based in San Luis Obispo Q: I nearly sold my home last month, but the deal fell through because of a picky home inspector. I can understand making sure that everything is built to code. But this home inspector seems to make a big deal out of every little thing that may or may not be the buyer's business. I mean, what does it matter if the roof is worn, as long as it doesn't leak? And so what if the water heater is 18 years old, if it works just fine? Ii think you guys go out of your way to impress people with how much you know. A: I wonder if you'd feel the same way if the home inspector were hired by you to inspect the home you are soon likely to buy. As a seller, you need to realize that the character of the real estate market place has undergone radical changes in recent years. The old "buyer beware" principal is no longer acceptable. In today's litigious business environment, it is a seller's responsibility to disclose. The more you disclose, the less likely you are to incur legal conflict after the close of escrow. Whatever conditions you choose to withold, regardless of your rationale for withholding, become potential courtroom conflicts. As to the kinds of building defects you should or should not disclose, there are no limitations, unless you like to gamble. Someone once defined litigation as "the sport of kings," referring, of course, to its exorbitant cost. Unless you fancy yourself a jester, my advice is to avoid such royal experiences. Furthermore, limiting the disclosure process to mere building-code compliance can be an expensive mistake. Code requirements are designed to ensure that a house is safe and stable at the time of construction. But codes do not address the deterioration and wear that develop as a building becomes older. As to your roof: It may not leak at the time of sale, but what if it does leak six months later? Who will then pay to fix it? And regarding your 18-year-old water heater: How long can you expect the old-faithful fixture to continue working? If it breaks down shortly after the sale, who will be expected to pay for a new one? If leakage from the water heater causes damage to the building, who will be liable? If faulty combustion or a congested pressure relief valve should result in personal injury or worse, who will pick up the tab? There are numerous other conditions a buyer is entitled to know when purchasing a home. As a seller, you may soon become a home buyer yourself. That's when you'll want to know which components are safe and operational, and which are likely to fail in the near future. From that perspective, the thoroughness of the home inspector may be viewed in a different light. |