Q DEAR BARRY: When we bought our home, we thought we had a good inspector. He found some problems, and the seller agreed to fix them. He missed two important items, however. First, there is no roof flashing around the chimney and rain leaks in. Second, there are cracks in the sidewalks around the house and in the brick mortar on the walls. These appear to be caused by tree roots near the building, but the inspector merely advised us to watch these to see if they get worse. In the past year, they have become noticeably worse. Shouldn't he have been more diligent? -- Dawn
ADEAR DAWN: The thoroughness and diligence of your home inspector are questionable. The primary duties of a qualified home inspector are to report visible defects and to recommend evaluation and repair by qualified experts wherever such attention is warranted.
The absence of roof flashing around a chimney is a significant defect, likely to promote leaks. Inspection of chimney flashing is routine for home inspectors, and the lack of flashing warrants attention by a licensed roofing contractor. In some cases, where multiple roof layers are installed or where mastic has been heavily applied, it may not be possible to verify the presence of flashing. In those instances, it would be appropriate for an inspector to recommend further evaluation by a qualified roofer. When assessing roof conditions near a chimney, home inspectors should also consider water stains on ceilings and in attics as indications of past leaks.
Cracks in pavement or in walls may or may not be significant and must be evaluated on a case-by-case basis. But where tree roots near a building appear to be exerting pressure against the structure, and especially where related damage to the building is apparent, home inspectors should recommend further evaluation by a qualified specialist such as a structural engineer. Simply advising a homebuyer to watch for worsening of the cracks is an invitation to liability.
If future observations reveal a serious structural problem, then the inspector's failure to recommend a structural evaluation and possible removal of the trees can bring costly consequences.
Home inspectors can be liable, to varying degrees, for these kinds of inspection errors, depending upon state laws, contractual agreements and recentness of the inspection. It is essential that buyers notify their inspector immediately when unreported defects are discovered.
DEAR BARRY: Our real estate agent advised us to leave the house while the home inspector was here with the buyers. This seems unreasonable. What's wrong with sellers being home during an inspection? -- Katharine
DEAR KATHARINE: Your desire to be home during the buyers' home inspection is understandable, but consider the other side. The buyers are hiring the inspector as a private consultant, and they have a reasonable expectation of confidentiality in that relationship. They would like to discuss your home without needing to guard their words. When you buy your next home, you may want the same privacy with your inspector.
After the inspection, you should receive a copy of the report and can discuss the findings then.
Barry Stone is a professional home inspector. If you have questions or comments, contact him through his Web site, www.housedetective.com, or send mail to 1776 Jami Lee Ct., Suite 218, San Luis Obispo, Calif. 93401.
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