Barry Stone

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Home Inspections and Construction Hosted by Barry Stone
Tuesday, Oct. 24, 2000; Noon EDT

You've found the house, gotten financing, put in a bid. Now comes inspection. What do you look for? How can you tell if building products are good quality, or if the builder or previous owner has cut corners or doesn't quite meet code? And if the house is in great shape, how do you keep your bargaining power, and how long before big repairs come into play?

Luckily, "Inspector's in the House." Barry Stone has been writing his syndicated consumer protection column about building inspection, materials and contracting for seven years. A carpenter by trade, Stone spent seven years on building sites, overseeing building and design of home construction. He received his general contractor's license in 1978 and started his own construction and remodeling business. On the job, Stone saw tradespeople and contractors violating building codes, and in 1987 was certified as a building inspector. He left the construction business and founded Action Home Inspection Service in California.

Stone has inspected nearly 7,000 properties over the past 12 years, including homes, hotels and commercial buildings, and has talked about the effects of environmental conditions on homes on California television and radio. He is an expert on building codes and aspects of construction including electrical, plumbing, asbestos, fire safety and roofing.

The transcript follows.

Editor's Note: Washingtonpost.com moderators retain editorial control over Live Online discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions.

Barry Stone: Hi, This is Barry, thanks for being a part of this forum with me. I will begin answering questions in just a few moments.

Columbia, S.C.: Hi Barry,
If I pay an inspector to inspect my home, how long are they liable for any structural damage that I find after I purchase the home and move in?

Barry Stone: Columbia . . .

The statute of limitations (SOL) for home inspector liability varies from state to state. Many states have not yet addressed this specifically, in which case inspectors would be held accountable in accordance with general business law.

To determine the SOL in your state, you'll need to consult with a business attorney, however, in some states home inspector liability is limited to a refund of the inspection fee.

Good luck,

Barry

Bowie: What can you look for (or ask a professional inspector to look for) to determine that a house isn't the equivalent of a "brand new Yugo" -- there are no specific things wrong, but the overall quality is so poor that problems will continually arise?

Barry Stone: With a Yugo home, there's going to a general pattern of substandard workmanship that will be evident in most of the systems, electrical, plumbing, roofing, finish work, etc. A good experienced home inspector won't need any prompting this regard and will know what to look for.

Falls Church, Va.: Hello Mr. Stone!

We had our house inspected by a certified home inspector prior to settlement. We had worked with him before on a different property, and had been pleased. He told us the house was in good shape, and even though the furnace was old, that it should give us another 5-10 years of service.

However, once we bought the place we discovered over the course of 24 hours:
1. the thermostat did not work (the previous owner blithely told us to turn it down until we saw the A/C fan blowing the ivy),
2. the furnace had no fan regulator, so the blower in the furnace never turned off, and
3. the ice maker leaked so severely that the kitchen tiles began to loosen.

Should the Inspector have noted these deficiencies? I paid a fair amount of $$ to fix these problems, and our Homeowners Insurance refused to cover the costs since the were "pre-existing."

Thanks for your thoughts!

Barry Stone: Falls Church . . .

The thermostat and furnace problems sound like the kinds of conditions that should have been noted by the HI. However, refrigerators are not typically included in a home inspection. I would recommend calling the home inspector informing him of the furnace problem and asking him reevaluate it.

Since the seller was aware of the furnace problem "the previous owner blithely told us to turn it down until we saw the A/C fan blowing the ivy" he is guilty of nondisclosure of a significant defect. He was probably aware of the faulty refrigerator as well. A small claims judge would probably concur he finds evidence pointing to nondisclosure.

Huntingtown, Md.: I bought my house six years ago; the most unfortunate problem is the previous owners were do-it-yourselfers, really stupid do-it-yourselfers. The home inspector noted a few things on the inspection like "any electrician worth his salt wouldn't do this," and a few other things, but the house was at least habitable. At one point I was going to cancel the contract but buyers wanted the house I was selling and I was up against the wall in this situation.

My biggest headache is that I discovered much the previous owners added on two bedrooms to the house without even getting a building permit from the county. They did not insulate the bedrooms, and the temperature gets down to about 50 degrees in winter. The house was inspected in early May, so no way to tell then what the temperature would be doing in January. The previous owners had moved out of state when all this was going on, their realtor was a real airhead, and it was an ordeal just communicating with them through the airhead. When calling about the County for answers I got such responses as "Calvert County doesn't have a building code," "All that's required in the county is a habitable house." "The building code is at the library." These answers were from various people at the Office of Licenses and Permits. They also said if they don't catch people doing it, builders can get away with building without a permit.

Do buyers have some recourse when it is discovered much later that the previous owners did such things? I'm always really irked that the buyer, who is making the biggest investment of a lifetime for a 30-year mortgage, has no recourse if the previous owners were DIYs and made a shambles of the house. The realtors are no help at all because all they want to do is collect their commission.

My last experience with buying a house and dealing with inspectors, sellers and realtors was a nightmare and I'll commit suicide before I go that hell again.

Barry Stone: Huntington . . .
It's unfortunate that you felt compelled to close this escrow, regardless of the escrow on your home sale. All indications during your purchase escrow were in favor of cancelling based upon what you told me. At this point, you are dealing unscrupulous sellers who are out of state and therefore will be difficult to sue.

It sounds as though the home inspector provided adequate warning and your realtors at this point should be more willing represent your interests than they seem to be. At this point, you would be wise to consult with a real estate attorney.

Good luck,

Barry

Ballston: Hi Mr. Stone,

When you suspect that an old house may have a foundation problem, should you not even consider buying it?

I rent a 50-year-old house, it's in a GREAT location. It is all brick, and on one side of the house the brick is separating from the house. As in, almost all the brick on the one side. When the roofers put a new roof on it, they said it had foundation probs. There is only a 1/3 basement, and the visible problem is on the OTHER side.

How bad does this sound (if you can tell from this) and should you run screaming from a house with probs like that?

Thanks

Barry Stone: Hi Ballston,

If you really like this house, not withstanding the foundation problem, get a bid from a licensed general contractor for a full upgrade of the foundation. Then, have the property appraised. If the purchase price plus the contractor bid does not exceed the appraisal value, you may have good deal.

Good luck

Barry

Washington, D.C.: Hi,
We just signed a contract on a 8-year-old townhouse. We will be going through an inspection with a inspector recommended by our realtor very soon. What are some things we should be looking out for and questions to ask? BTW, we are first-time home buyers.
Thank you.

Barry Stone: Let's first talk about inspectors recommended by realtors --
Some realtors recommend the most competent inspectors, some don't. My advice is to not just take their recommendation with a thorough investigation of the inspectors qualifications, experience and credentials. Otherwise, you may be e-mailing me in several months for more advice.

Here's a short list of qualifications your recommended inspector should have under his tool belt.

- At least 500 inspections
- Error and Omissions Insurance
- Membership in ASHI
- A reputation as a very nit picky home inspector (call several other realtors in the area to ask who is the most thorough inspector available
- No personal relationship to the agent
- A charge of at least $250 for the inspection. AVOID BARGAIN INSPECTIONS

I can't reiterate this enough. The condition of the home is the most important part of this transaction. Do not leave the decision of who to hire in the hands of anyone but yourself.

Good luck,
Barry

Fairfax, Va.: Barry,
We are planning to buy a new home in Fairfax County. Could you please tell me how to find out a builder's construction quality? Can I depend on what the builder says what quality material they are using? If I want to get the house inspected how to find a good inspector. Do the builder accepts if the inspector finds any faults? Thanks.

Barry Stone: Fairfax . . .

The best way to find out the construction quality is to hire the most thorough home inspector you can find. All new homes regardless of quality, regardless of builder integrity, have some defects which go undiscovered unless evaluated by a qualified professional. I have inspected numerous brand new homes, many of which were built by excellent contractors, yet all had some defects which needed attention.

There are two ways to approach this. You can hire a home inspector to perform a final inspection or you find an inspector who is qualified to do predrywall inspections as the project proceeds.

Good Luck

Barry

Baltimore, Md.: As a building inspector, what's the worst problem you've encountered with a house or commercial building?

Barry Stone: Hi Baltimore . . .

An owner who didn't pay my inspection bill! (LOL)

There are different categories of worst problems. There was the 3000 square foot custom home built on a concrete slab with no perimeter foundation. That was one of the worst in terms of structural instability.

Then there was the home where someone forgot to connect the fireplace chimney in the attic. That was one of the worst because all of the attic framing was charred and a major fire could have occurred anytime the fireplace was used.

Finally, there was the owner built botch job where everything imaginable from the structure, the wiring, the plumbing the heating, etc., were of such substandard nature that the house should have been smart bombed.

Would love to hear your war stories. E-mail me sometime at barry@housedetective.com

Reston, Va.: Hi Mr. Stone, thank you for joining us. We had an inspection done on a new construction home. Unfortunately, the builder refuses to do a lot of what was found by the inspector. To him it was all meeting "code" and that was it, no more. How do you deal with a builder like this?

Barry Stone: Hi Reston . . .

Thanks for having me.

Dealing with a dishonest, stonewalling contractor can be so frustrating, but there is recourse if you persevere. First there is the state licensing agency which regulates contractors and then there are the courts.

Just wondering . . have you closed escrow yet? If not, think twice and then one more time. Is this house worth the troubles to which you have been alerted? The number 1 rule in buying real estate is there is always a better deal around the corner. In a past life, I would have saved myself quite a bit of grief had I adhered to this rule.

Good luck

Barry

Alexandria, Va.: We just bought our first home (settlement is next week!) and our townhouse passed with flying colors. There are a few nail pops in the bathrooms. Is this something to be concerned about? The inspector said it was no big deal.

Barry Stone: Hi Alexandria . . .

Po dry wall nails, commonly known as shinners are a minor defect. Just require repair by someone who can match the wall texture after the nails are secured.

Barry

Lorton: Our inspector did not go on to the roof to inspect it. The house is six years old. Is that okay? Also, there is a bit of water seepage through the concrete wall/foundation. How can we be sure it has not damaged the drywall (There's a bedroom next to the utility room where we found the seepage.)? Thanks!

Barry Stone: Hi Lorton . . .

There a 4 common why a home inspector will not walk on a roof.

1- It is too steep
2- It is so deteriorated that foot traffic would damage the material
3- Snow and ice prevent inspection
4- Tile roofing that is too fragile to be walked on.

Barring these, a competent inspector would include a walk on the roof.

Significant moisture damage to dry wall would involve breakdown of the material to the point where it is soft and crumbly. I would recommend that you get your inspector back for a second look.

Good luck,

Barry

Arlington, Va.: If a home has problems during inspection, how can a buyer negotiate price and repairs into the deal? Do you have any tips?

Barry Stone: Hi Arlington . . .

Your negotiating position will depend upon 4 factors.

1- What items are covered in your purchase contract (if any)
2- How motivated and negotiable your seller is.
3- How competent a negotiator your agent is
4- Whether or not you are willing to walk from the deal if you don't get what you want.

Keep in mind, that a home inspection report is not a repair list for the seller. It is a information list for you the buyer to help you know what you are buying and to help you decide whether or not to proceed with the deal.

Choose your battles wisely.

Good luck

Worried: Reading your response for choosing an inspector has me worried. First-time buyer here. We found our inspector through our agent. He was very knowledgeable and checked everything (or so we think) -- ran the washer/dryer, looked in attic at insulation, showed us how to maintain our HVAC, etc. But we paid "only" $195. Should we be worried? He does 400+ inspections/year, was in construction before becoming an inspector. Help...

Barry Stone: Worried,

Based upon YOUR description of the inspection and the inspector experience, the inspector may have done a competent job.

The fact that the inspection cost only $195 may be effected by market pressures among home inspectors in your area or could be a result of your property being small, new or simple in design.

Without reading the report and doing my own inspection of the property, it would be difficult to determine the thoroughness of your inspection.

Sterling Va.: Barry, I understand you have good intentions but, we just had an inspector and he charged $225. A bargain? Yes, but one to avoid, no. He was excellent and went the extra mile to help us. I don't think he was in it for the money. He took his business very seriously. With all the hell this first-time buying experience has put me through, having to deal with a number of people out to rip us off, this home inspector was a blessing from above. So not all bargain inspectors should be avoided.

Barry Stone: The $250 figure is a general guideline.

A $25 variation is not likely to be significant. A good inspector is a godsend for sure regardless of the price.

Washington, D.C.: I'm not a homeowner, but am thinking about buying some time in the future. How do I even go about finding an inspector? What should I be on the lookout for?

Barry Stone: Go to my Web site at www.housedetective.com. I have numerous columns listed with advice on this very topic.

B

Northern Virginia: Do home inspectors have "specialties"? Would an inspector familiar with single family homes be less capable of evaluating a high-rise condominium, for instance?

Barry Stone: A really qualified home inspector can find defects in any building.

McLean, Va.: Hi Barry --

How complete an inspection should a buyer insist be allowed in today's hot seller's market (with multiple offers being received -- some OVER the asking price)? I understand that some buyers are dropping this contingency just to get the house.

Also, at what age should a house's electrical wiring be replaced?? Does it become a big fire hazard after, say 40 years?

Thanks for sharing your expertise!!

Barry Stone: "I understand that some buyers are dropping this contingency just to get the house."

This is unbelievable! In a "feeding frenzy" real estate market, the rush to buy, "condition be dammed" is an invitation to financial disaster and a lot of grief. In short, it is gambling rather than investing. There is no limit to the kinds of problems that can be discovered during the course of an inspection, therefore, the kinds of unsee problems you might buy just to meet the demands of a hot market could saddle you with a home needing tens of thousands of dollars worth of repair or having major safety problems such as fire hazards, or you could find yourself unable to sell years later when the market cools. The best advice in any market is "know what you're buying before you buy it"

Good luck
B

Reston, Va.: Good God -- that's quite a litany of bad building you described. How on earth could anyone think that building that way wouldn't get them sued? Or were they really mistakes and the builders were just that stupid?

Barry Stone: God only knows.

MH in Md.: About Reston's inspection on the new construction: I was told that sellers had to disclose inspection problems to subsequent buyers (assuming the buyer cancels based on the inspection). That's why a borderline radon test in the home we were buying got the seller to install a radon abatement vent; the sellers were cheap, but my agent told me they knew that the next buyer would ask for it, too. What are the regs on disclosing failed inspections?

Personally, I think Reston should go down to Kinko's and start posting the inspection report on every telephone pole within a mile of the new development. (But tell them first. Give them a chance to say "Uncle".)

Barry Stone: You asked,

"What are the regs on disclosing failed inspections? "

Not sure what you mean.
Barry

Northern Va.: Do real estate agents benefit from getting you to use an inspector they referred? Is this legal?

Barry Stone: This depends upon the realtor. Some realtor realtors recommend the best inspectors to protect the interest of their clients and to limit their own liability, others look for inspector who lack of thoroughness makes for an easy closing of escrow. Is it legal? I do not know of a law barring referral of inspectors, but as with any referral, do your own investigation.

Huntingtown, Md., again.....: Mr. Stone: Thanks for your previous reply. One more thing -- the HI "inspected" electrical appliances (dishwasher, AC) by merely flipping on the switch for a few seconds to see if they functioned, then rated them as operational. However, one month after moving in (July) I discovered the AC was blowing hot air, not COLD air. There was something wrong with an exchange core. So, I ended up spending over $250 for an AC repair the HI said was working. (I also bought the home warranty at settlement, but apparently that company went out of business and the warranty was worthless. More money down the drain.)

What is the protocol for inspecting large appliances, or is this the normal way? Did I really buy a pig in a poke?

Barry Stone: The air conditioner may have been operational at the time of the inspection, and the problem could have developed later. Unfortunately, there is no way to verify this uncertainty after the fact.

MH in Md.: Sorry, I meant to say I'm wondering whether a seller has a legal obligation to disclose problems that previous inspections have revealed.

In Reston's case, it sounds like the builder is trying to dismiss her/his concerns, and would probably not disclose the problems Reston's inspection found, or even lie about them.

Barry Stone: Sellers are required to disclose all known defects. If the home inspection report in a previous escrow brought problems to the attention of the sellers, this becomes part of their knowledge of property defects. Failure to disclose such information is a violation of disclosure laws.

Tysons Corner, Va.: Thanks for taking my question. We're in the process of selling a home. After the home inspection, it was discovered there was some termite damage underneath of the house. And we would be responsible for the cost of the termite treatment before settlement. My question, are we responsible for the cost of the repairs also. Or should the buyer take on those costs?

Barry Stone: The wording in your purchase contract should determine whether your responsibility includes repair of termite damage, as well as elimination of the infestation.

Waldorf, Md.: We are nearing the end of our one-year warranty on my new home. Since our second day all we hear from our shower in the master bedroom is squeak, squeak, wherever we step while taking a shower. I have checked with my fellow neighbors who moved in after us and they have the same shower, same builder, but no noise. Our builder says it is a manufacturing problem since it is a plastic shower. I do not care what the problem is, I want it fixed! I weigh only 155 lbs so I know I am not to heavy for the shower, especially since my neighbor is over 250 lbs. What recourse do I have if they refuse to rectify the problem?

Thanks for letting me vent.

Barry Stone: Have a home inspector document the problems in a written report with repair recommendations. With this evidence of a construction defect, you can take the problem to the agency which licenses contractors, or you can proceed to small claims court. Before proceeding, however, run this by an attorney who specializes in construction defect law.

Good luck.

Alexandria, Va.: Can you talk about inspection clauses in contracts? Are they standard, or does every contract differ? How high does the threshold have to be (in terms of bad problems) before a prospective buyer can walk away?

Barry Stone: There are as many different home inspection contractors as there are stars in a dark winter sky. However, there are a number of common denominators typical of most.

- Contracts typically specify that the inspection is visual only and does not involve complex testing of system or dismantling of construction or equipment.
- Contracts typically include a list of specific conditions not included. For example: Conditions concealed in the construction or buried beneath the ground; geological or engineering problems; environmental hazards; technically complex equipment; and numerous others.
- Contracts typically limit the liability of the inspector to a set amount of money, usually a refund of the inspection fee or a multiple of the fee amount. In some states, this limitation is upheld by law, in others it is not.

Actually, a much longer response could be written addressing all of the specifics of typical home inspection contracts, and you've prompted me to consider this as a future article for publication.

Barry Stone: Thanks very much to all of you who participated in this Q&A home inspection forum. If you think of any other related questions, email me through my Web site at www.housedetective.com.

Barry Stone

washingtonpost.com: That was our last question today for Barry Stone. Thanks so much to Barry, and to everyone who joined us.

This week, washingtonpost.com is featuring a series of discussions with real estate columnists homes as part of the Online Home Buyers Conference. Tune in each day to talk to the experts: