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Occasionally

By
Home Inspector with JRV Home Inspection Services, LLC HOI 394

Seller's disclosures, we have them in Connecticut. As a home inspector I like to look at the disclosure before the inspection begins. I often find them entertaining works of fiction.

Drying puddle & water damged furnitureOn a recent inspection I looked over the seller's disclosure. It basically said with regard to basement water seepage, the part that was legible, the access for addition experiences moisture occasionally (emphasis the homeowner) during heavy rain or snow.

The problem with language is much of it is subjective. As a home inspector I try to word my reports in such a way so the language can not be interpreted subjectively.  I avoid using words like good, bad, fair or poor to describe components or conditions. I believe it is better to say;

The roof shingles were found to be dried, with the protective particulate missing. Cracks were noted in the majority of the shingles observed, with some broken or damaged. I recommend the roof covering be replaced.

Wet VacAs compared to;

The roof covering appears in poor condition and is beyond its useful life, I recommend replacement.

Now when I go down into a basement that has been said to have "occasional moisture", what I don't expect to find is drying puddles and water damage. Or mold growing on a sizeable portion of the ceiling. Or sections of the sheet rock in the ceiling missing from water damage. Or wood decay on stored items sitting on the floor. Or the base of the furnace rusting away. Or a wet vac.Rusted furnace housing

Nope, that is not what I would expect to find. Instead I would expect to see perhaps some efflorescence and water stains. I'm certain most people would interpret that phrase in a some what similar manner.

Which is the thing about the expectation of a word or term, how a majority of reasonable people would interpret it. Better yet, how about the dictionary definition

oc·ca·sion·al·ly  

sometimes: from time to time, but not regularly or frequently 

 

 

James Quarello
Connecticut Home Inspector
2010 - 2011 SNEC-ASHI President
NRSB #8SS0022
JRV Home Inspection Services, LLC

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Posted by

James Quarello
Connecticut Home Inspector
Former SNEC-ASHI President
JRV Home Inspection Services, LLC

 ASHI Certified Inspector

To find out more about our other high tech services we offer in Connecticut click on the links below:

Learn more about our Infrared Thermal Imaging & Diagnostics services.

Serving the Connecticut Counties of Fairfield, Hartford, Middlesex, New Haven, Southern Litchfield and Western New London.

Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I recently had one that said never gets water, when going down in teh basement there was a tell tale ring with a wet vac plugged in and sitting in the middle... never ugh???

May 28, 2011 02:22 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

James, 

Excellent point.  It's a shame folks think they are covering themselves by the occassional disclosure comment.  I routinely tell my sellers - fully OVER disclose on the form.  It just doesn't make sense to stretch the truth or try to hide a problem.  

All the best, Michelle

May 28, 2011 02:23 AM
Peter Schattenfield
Turning Point Estate Services LLC - Wilton, CT
Estate Dissolution and Preparation (203)388-8092 CT.

James, My first house in Stamford, CT. got water "once a few years back during a particularly heavy rain". I wish we had called you for the Inspection. Who knew that "once a few years back" meant: fills with water a few inches deep every time there is rain. We installed a sump system after finding out the hard way.

May 28, 2011 02:36 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

James, great post as usual. In NJ disclosures , except lead, which is federal, are not required. I wouldn't do one if I were selling and advise sellers to decline as well. Either a seller makes an honest mistake and it costs them, or they misrepresent which is worse. Buyers should rely on their home inspector. Have a great weekend.

May 28, 2011 02:43 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I guess that this seller was using a very liberal interpretation of the meaning of occasionally.

May 28, 2011 02:50 AM
Daniel H. Fisher
www.FisherHermanRealty.com (704) 617-3544 - Charlotte, NC
MCRP - Charlotte Real Estate, NC or SC

disclosures required in NC. It is a checkbox form.  No problem, Yes Problem, No Representation. Explainations only required for Yes Problem.  Works well. Buyers get inspections.

May 28, 2011 03:10 AM
Paul Lesieur
203kloanmn - North Oaks, MN

I actually bought a home on the Mississippi River, a dream come true.

I asked if the area ever flooded and the Realtor said no and the disclosure didn't mention flooding.

My wife and I write a check for $5000 and sign the papers.

Next week I go to the city to find out what getting a building permit will take, guess what, no permits for addons, only maintenace, I'm in the flood zone, the city even gave me a history of the flooding (5 times)!

I called the Realtor and you never saw anyone get a check out so fast, got my money back the same day.

Disclosures, ha, you need to do due diligence.

May 28, 2011 03:10 AM
Randy Ostrander
Lake and Lodge Realty LLC - Big Rapids, MI
Real Estate Broker, Serving Big Rapids and West Central MI

Good morning James. Inspectors should have sellers disclosures as a reference I would think. You sound like you do a thorough inspection, wish you were closer to Michigan.

May 28, 2011 03:15 AM
Lisa Dunham
Alexandria, VA
Associate Broker, Alexandria Virginia Real Estate

Great points James!  Like many agents, I can appreciate a home inspector that leaves little to the imagination and interpretation of others. 

May 28, 2011 03:16 AM
Donald Hester
NCW Home Inspections, LLC - Wenatchee, WA
NCW Home Inspections, LLC

Jim,

You hit that one on the spot. I almost never see the disclosure form out here. Maybe I should be requesting it.

May 28, 2011 05:09 AM
Jack Gilleland
Home Inspection and Investor Services, Clayton - Clayton, OH

James,  I'm on both sides of the fence now with explanations that leave room for interpretation.  My 2 advisors (both just first time home buyers) like good/average/poor.  What they want is a (I love this) statement such as yours, but with "= good or average or poor.  I agree with you, so I'm trying to come up with a compromise.

May 28, 2011 08:20 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

James looks like political correctness has found it's way into the inspection terminology.  I like your wording better, say it like it is, and not mislead by using words that produce a different expectation.

May 28, 2011 01:44 PM
Steven L. Smith
King of the House Home Inspection, Inc. - Bellingham, WA
Bellingham WA Home Inspector

James,

I do not think that I have seen a seller disclosure in more than about 2 percent of my inspections.

May 28, 2011 04:41 PM
Mark Aakjar
Mark's Inspections - Ossining, NY

Great Job James. One of the hardest things we can do besides not being able to see through walls is to predict how often or how badly a basement floods. 

May 28, 2011 04:52 PM
James Quarello
JRV Home Inspection Services, LLC - Wallingford, CT
Connecticut Home Inspector

Scott, It's all a matter of interpretation :)

Michelle, Good advice, most times it comes to light during the home inspection.

Peter, My question is why didn't the seller take care of this problem while they lived in the house. Hard for me to comprehend.

Shelia, Sellers disclosures are required in CT. An honest mistake is just that, honest. Deliberate deception is all together different.

Gabe, Yes they were :)

Daniel, Basically the same form here in CT.

Paul, Yes you do.

Randy, Thanks. I try to get the disclosure for every inspection. Not all homes have them.

May 29, 2011 02:20 AM
James Quarello
JRV Home Inspection Services, LLC - Wallingford, CT
Connecticut Home Inspector

Lisa, That is the other side of the coin. Vague language doesn't make your job of negotiating easier. I've said it before, we are all working together as a team. An inspector should write the report with that in mind.

Don, It's a good idea to see it if you can.

Jack, That's interesting. Buyers are always looking for us to "rate" the house. I much prefer to explain than say it's in average condition.

George, Thanks, I'm not sure if it's political correctness or another reason.

Steve, Wow. They are required here, so I see them fairly often. I try and remember to ask the buyer for the disclosure before the inspection as well.

Mark, Prediction is impossible, but we can report that it appears to occur.

May 29, 2011 02:30 AM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

I once saw stains 4" high all over a basement, with rusted nails below the stain lines, but not above.

The sellers, who lived there from day one, said there was never a "flood" in the basement.  I noted the worst stains near the water heater, which was only 1 year old.  I suspected that a "flood" was caused by a breaking water heater.  The sellers disputed my word "flood."  They said it was a broken water heater that "leaked," but did not "flood."

What's in a word?

May 29, 2011 06:38 AM
James Quarello
JRV Home Inspection Services, LLC - Wallingford, CT
Connecticut Home Inspector

Jay, Ask a lawyer, they make a living out of words.

May 30, 2011 03:21 AM