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How do you make sense of conflicting information from a home inspector?

By Tina Maraj

Real Estate Agent with RE/MAX One DRE#01045442

July 14, 2009 03:17 AM

I am currently in a sticky situation ina transaction. I have been using the same home inspector for several jpeg years. Throughout the years we have not really en-counted a problem. Now he has called 2 of the same "New Code" issues on the last 2 inspections he has completed for me and both sellers are upset!

In both cases the inspector is stating : "a gas line is improperly installed and needs upgrading." The home buyer requests the "improper gas line to be replaced to whatever is proper or required. The home sellers gets upset because the heater was recently installed. Seller calls the home inspector and the home inspector basically talks the home seller out of changing the gas line by telling the seller that "it's not necessary to change it! So then why put it in the home inspection that it is "improper".

Also this situation is a new code change, I m a REALTOR and not a licensed contractor. How do I best explain to buyers and sellers this conflicting information and code changes without becoming liable?

Writen By Tina Maraj, REALTOR SInce 1989. www.TinaMaraj.com

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Jennifer Zammit

Realty Executives Elite Ltd. - London, ON

A.C.C.I.

I think you should have a chat with the home inspector and tell him if it is in fact not improper to recant it from the report

Jul 14, 2009 03:26 AM

Karen Fiddler, Broker/Owner

Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA

Orange County & Lake Arrowhead, CA (949)510-2395

I think he's trying to say that something "should" be different but doesn't "have" to be different? I think the best course of action is not to have the sellers at the home inspection, and regain control of the process. I never allow my sellers or the other sellers to be there....too much opportunity for something to go wrong.

Jul 14, 2009 03:36 AM

Gene Riemenschneider

Home Point Real Estate - Brentwood, CA

Turning Houses into Homes

I use the same home inspector and termite inspector all the time and like the buyers on site. By law those inspectors have to point out a number of issues. Failure to do so could cost them dearly in civil suits. But on site they can explain what they think of the situation to the buyers or how big an issue it should be. Just because something is not up to code does not make it dangerous or a hazard. There are also degrees of risk.

Jul 14, 2009 03:58 AM

Larry Riggs

Century 21 Redwood - Frederick, MD

GRI, SRS Your Frederick County Specialist

Tina,

This sounds somewhat familiar. Recently we've had certain gas lines flagged in inspections because they are potentially dangerous. I don't remember the exact type offhand but that may be what you're inspector is referring to. If so, it's actually more of a product safety issue rather than code.

Jul 14, 2009 05:12 AM

Lisa Wetzel

RE/MAX Realty Affiliates - Carson City, NV

CDPE, SFR carsonvalleyland.com

Tina, This is a toughy! I've had inspectors tell buyers at the site that something is "No Big Deal" and then write it in a report so that it sounds like the house is gonna explode. I don't now what is the right way to turn. I think I'd get a second option from a contractor of another inspector! Great Post!

Jul 14, 2009 08:46 AM

Anonymous

David Home Inspection Services

I am a home inspector here in Southern California. I have to agree with the other posters here.

As a home inspector I try not to quote building codes. I am not in the code enforcement business. But I can relate to the inspector covering himself. No one wants to have a clam against their E&O Ins. More over, none of us want anything to happen to the occupants of the home.

Now I'm not sure what was wrong with the gas line however wording is everything in the business. The inspector could have said. At the time of installation the gas-line was install according to MFG recommendations. The gas line was tested and not leaking at time of inspection. There are new installation standards that apply to this type of installation and as time and funds allow the buyer should upgrade to the new standard method.

If the gas line was a flex line that's known to fail, well then the inspector is in his right to call it out from a safety stand point. It should be removed and replaced. It is the experienced home inspectors that can explain in a common non alarmist tone what needs to be fixed and what it may cost. Any time an inspector calls out a faulty or non code conforming gas-line, that alone can scare any buyer out of a real estate deal. They have way to much inventory to choose from.

David Salvato 626 941-4567

Founder of HomeInspectionServices.org

Owner of David Home Inspection Service

Jul 14, 2009 10:34 AM

Troy Erickson AZ Realtor (602) 295-6807

HomeSmart - Chandler, AZ

Your Chandler, Ahwatukee, and East Valley Realtor

Tina - I would definitely confront the home inspector and ask for clarification on the gas line. Perhaps if he explains it to you, you will be able to understand why he feels the need to include in his report, while at the same time telling the sellers not to worry about it.

Jul 14, 2009 12:54 PM

Lynda Eisenmann

Preferred Home Brokers - Brea, CA

Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Tina,

I'd have the buyer follow up with the inspector after the fact. I wouldn't try to explain it at all, I'd rather they get update from the source.

Jul 14, 2009 04:27 PM

Mac Baker

Coast Capital Properties - Carlsbad, CA

GRI

Tina,

As I have seen the countless lawsuits in CJC - Santa Ana involving Realtors w/ Home Inspection Reports and disclosures, I would also suggest the following based on what you have shared. Yes, your Home Inspector is calling out the piping...this is becoming common occurrence for a lot of Home Inspection Reports. However, the Inspectors decision to reverse his original positon on inadequate piping should be in writing if he called it out on report and now is caving into sellers request.

My suggestion is that you know why you suggest to homeowner this inspector too. Is it cost? Availability? Bedside Manor? In the event of an legal proceeding with a conspiracy fraud charge targeted at you regarding your choice of Inspector for the Homeowner, you will be asked why did you suggest this inspector? Did you check his Associations? Trade Licenses Held? Years in Business? Any Lawsuits? It may be good to offer your Buyers a choice of several Home Inspectors that you would suggest from your research.

Always note in writing that you suggested a professional speciaist in the area of anything called out in report that is a safety issue ie. "a gas line is improperly installed and needs upgrading." The sellers do not want to be respondents in a lawsuit either trying to save a few dollars. Tina, you are a Realtor in Orange County! We have a lot of malicous lawsuits here targeting Realtors. I can help you with this in more detail too.

Jul 15, 2009 05:34 PM

Richard Weeks

Dallas, TX

REALTOR®, Broker

Perhaps the code has changed and the inspector is reporting based on the new code. I would have the buyer talk directly to the inspector. I like to say "be the source of the source, don't be the source".

Jul 18, 2009 01:12 AM

ALLEN TURNER

REDZONE ADVISORS - Santa Monica, CA

I like the comments from Mac Baker, offer several inspectors to choose from, and when reports are received, the inspector should meet with the buyer to explain the report since he's getting paid for that. I am in a different field where we engage specialists, and while i am knowledgeable in the other areas, the specialist is on the line. So make them earn their money.

Jul 21, 2009 08:46 AM

Tom Braatz Waukesha County Real Estate 262-377-1459

Coldwell Banker - Oconomowoc, WI

Waukesha County Realtor Real Estate agent. SOLD!

Tina

I had one that was so erroneous that I opted to pay for a new inspection and the report was very clear cut and thorough at that time.

Jul 23, 2009 06:04 AM