The Governing Bodies of Home Inspectors, Why They Say What they Say, and Who Exactly is "Killing the Deal"?
Improper Clearances in the Crawl Space
Recently we did an inspection which had inaccessible areas in the crawl space. As some of you know, Washington State only regulates the Pest and Dry Rot (Wood Destroying Organism) portion of the inspection process. As such, we have rather strict "findings and recommendations" that we (are supposed to) give to our clients.
After the original inspection, the client asked that the sellers make the crawl space accessible with proper clearances, as referenced in the home inspection.
Well, they hired a contractor to do the work and we were contacted about three weeks later go check the work...
It didn't look like anything was done at all.
Killing the Deal and Creating a Monster?
Our client's Realtor got furious... but not at the contractor... she got furious at us (?). She told us that we were "killing the deal" and "creating a monster".
?
Representing the Best Interest of the Client?
She is supposed to be representing the interests of her clients who asked that the crawl space be made accessible as noted in our inspection report. Little did her client's know that this Realtor was representing both sides of the deal. This is not, in and of itself, a problem, but did shed some light on the issue as she was the one that arranged to have the work performed in the crawl space so as to sell the house... for both of her clients, buyers and sellers.
After that, we produced the following addendum/reinspection results which were intended to not only explain the present situation but also explain why it is that we make the notes that we do and who it is that governs us as home inspectors.
I thought that it would be enlightening for Inspectors, Realtors and Consumers alike. The names have been removed... to protect... the innocent. ;)
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Real Reinspection Letter - Addendum
11.28.2006
RE: Results of re-inspection performed at [deleted] of which the original date of the Home Inspection was October, 25th 2006.
The contents of this re-inspection/addendum is to be dispersed to any and all other parties only with the explicit approval of Mr. and Mrs. Covert or anyone to whom Mr. or Mrs. Covert gives authority to make such decisions.
Mr. and Mrs. Covert and/or To Whom It May Concern:
Given the conditions and apparent lack of understanding on the part of some parties involved in this transaction, this re-inspection/addendum is to serve not only as the results of the re-inspection performed on 11.28.2006 at the above mentioned address, but will also serve as a point of clarification as to whom the governing bodies are of Home Inspectors in the State of Washington.
Washington State Law
For items that would be included on a home inspection, in and of itself, in the State of Washington, there are no regulations that are mandated by the State. As such, any and all Standards of Practice that are abided to by a Home Inspector in the State of Washington are purely on a voluntary basis when the Inspector chooses to be governed by independent Inspection Associations, such as the American Society of Home Inspectors.
On the other hand-unique to the State of Washington-any person commenting on the condition of a home for the sale of Real Property must be a licensed Structural Pest Inspector with the Washington State Department of Agriculture if they are to make any comment on the following items:
- Wood Destroying Insects - Such as Termites, Carpenter Ants, etc.
- Wood Destroying Organisms - Such as Wood Decay
- Conditions that are Conducive To Wood Destroying Organisms - Such as improperly installed vapor barriers (plastic on the ground in a crawl space) or, to give an example that is pertinent to the subject Property, any wood in the crawl space that is structural and does not achieve proper clearances and, as such, can not be given a complete visual inspection.
Washington State Department of Agriculture
Washington State Pest Control Association
While the Washington State Department of Agriculture acts as the licensing body for Structural Pest Inspectors in Washington State, the Washington State Pest Control Association acts as the arm which provides a clear line of Standards of Practice by which Structural Pest Inspectors are to perform and report on Wood Destroying Organism, Insects or Conducive Conditions in the State.
Having such a role, the Washington State Pest Control Association produces the form which Nickelsen Home Inspections, LLC uses to provide Wood Destroying Organism ("Pest and Dry Rot") Reports and the Washington State Pest Control Association is the Body that determines what is and is not a "Pest", what is and is not a "Wood Destroying Organism", and what is and is not a "Condition that is Conducive to Wood Destroying Organisms".
In short, the Washington State Pest Control Association is where Nickelsen Home Inspections, LLC, in conformance with minimal State law, receives its formulations and regulations, which it is our duty to pass on, as an unbiased third-party messenger, to our clients.
Proper Clearances in Sub Structural Crawl Spaces
As determined by the Washington State Pest Control Association, the proper clearances in a crawl space-which were clearly noted of in the original copy of the Home Inspection Report/Wood Destroying Organism Inspection Report-are as follows:
IS129 Finding: The crawl space contains areas that are inaccessible for inspection due to inadequate clearance.
Recommendation: Excavate the soil from the crawl space to provide minimum clearance of 18" between bottom of joists and ground; and 12" between bottom of beams and ground. During excavation, install new or repair existing pier/post combinations to maintain proper support for the under-structure where necessary. All support posts are to bear upon above grade concrete piers blocks. After excavation is complete, call the inspecting firm at (phone#) to schedule an appointment for an interim inspection to determine is additional repairs are necessary.
IS126 Finding: Wood-soil contact exists on the support post(s) in the crawl space area...
Recommendation: Grade soil away from the indicated post(s) to allow a minimum six-inch clearance between wood and soil or re-construct the post(s) to bear upon an approved concrete pier. Replace any rotted or damaged posts that are revealed during grading. (Direct quotation from the "Findings and Recommendations" from the Washington State Pest Control Association)
While it isn't typical that we provide direct quotations of the "Findings and Recommendations" of the Washington State Pest Control Association, our comments in the original Report did reflect the following, which would serve as a summary:
- There should be a 6 inch clearance between the soil and any and all posts in the crawl space.
- There should be an 18 inch clearance between the soil and the floor joists in the crawl space.
- There should be a 12 inch clearance between the soil and the bottom of any beam in the crawl space.
Beyond all else, there should be a re-inspection of inaccessible areas in the crawl space.
Condition of Home as Found During Original Inspection
During the original Inspection which was performed on October 25th 2006, the proper clearances in the crawl space, as mentioned above, were not found. As such, only a limited visually based Inspection of the sub structural crawl space could be performed.
In accord with the "Findings and Recommendations" or our Governing Bodies, Nickelsen Home Inspections, LLC recommended that the proper clearances be achieved, which would allow for:
- A complete visual inspection of the sub structural crawl space, and
- Provide for good clearances between the floor of the crawl space and the structural members to minimize the risk of wood decay and/or wood destroying insect infestation.
After the original inspection, the client apparently requested that the seller, along with some other noted items in the Report, achieve the proper clearances in the crawl space.
Condition of the Home as Found on the Day of Re-Inspection
Nickelsen Home Inspections, LLC was hired by Mr. and Mrs. Covert to insure that the requested work, which was agreed to be repaired / remedied by the seller, was properly performed in accord with our recommendations, which are the recommendations of the Washington State Pest Control Association.
Upon re-inspection of the sub structural crawl space, the following conditions were found:
- Inadequate clearances, as mentioned in the original home inspection/wood destroying organism inspection report
As such, the work that was requested to be performed by Mr. and Mrs. Covert was not completed in accord with the recommendations that we passed along to them and a complete visual inspection, as defined by our governing bodies, was still not able to be achieved.
Nickelsen Home Inspections, LLC realizes that under such circumstances a number of people could take issue with our re-inspection findings and we wish to insure that we do not presume to make any judgment of the quality of the work performed or the understanding of those who passed on the information which we provided in our report.
Unless told otherwise, Nickelsen Home Inspections, LLC will presume that there was a misunderstanding of the requested work, and we are optimistic that all parties involved are thankful of the fact that Mr. and Mrs. Covert decided to actually have a re-inspection performed. Had they decided to forego a re-inspection, they may have only discovered some years down the road that the items they requested to be repaired were, in fact, not completed/not completed correctly and it would possibly cost them time and money if and when they decide to sell the home someday.
Conclusion
It is the hope of Nickelsen Home Inspections, LLC that this letter provides some clarity for all parties involved.
Once the work is completed, per the recommendations of the Washington State Pest Control Association, we would be happy to return to the property and, again, offer an unbiased third party opinion of the property for our Clients, Mr. and Mrs. Covert.
Regards,
Justin L. Nickelsen
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NOTE:
The contractor, seller and the client's own Realtor said that they were not going to do the work after originally agreeing to it.
The clients did walk away from the deal?
Who, exactly, killed the deal??
Justin Nickelsen, CMI
Nickelsen Home Inspections, LLC
"A Conduit for Educated Real Estate Transactions"
Serving Oregon and Washington From the Mountains to the Coast
Professional Licenses, Memberships and Certificates
- CMI - Board Certified Master Inspector
- WA - Licensed Home Inspector #415
- OR - CCB 172294, OCHI 1173
- Licensed Structural Pest Inspector 71352
- American Society of Home Inspectors - ASHI Certified Inspector 246145
- Member of the InterNational Association of Certified Home Inspectors
- Vice President of the Oregon Chapter of InterNACHI
- Member of the Washington State Pest Management Association
- Member of NWOCHI - The NW Oregon Certified Home Inspectors association
- Former Member of OAHI - The Oregon Association of Home Inspectors
- Founding Member of SWWAHI - The SW Washington Association of Home Inspectors
- Maintaining over 50 hours of continuing education per year.
Sounds like a lot of things happened that didn't have to happen. When was the house built and when was the code that required the clearances implemented?? If the house is old, the termite inspection should simply have documented areas that couldn't be inspected visually. Not unusual. Regular termite inspection would be a lot simpler solution that regrading and excavation.
1. The inspection report appeared to require that the house be brought up to a code that didn't exist when the home was built. Retroactive code compliance isn't practicable. If the home inspector was citing defects that pertain to a code implemented following construction, the house does not violate any municipal codes and should be written as an advisory but not a defect. If the code existed when the house was constructed, the claim is against the builder, not the present home owner.
2. The remedies to the cited defects appear to be Draconian and, while the purpose of the remedy is to facilitate wood destroying insects, alternative methods were not suggested. The smallest areas can be inspected with today's technologies without requiring expensive alterations involving grading or excavation.
3. Home inspections are designed to find defects, not perform code compliance. That is the job of municipal (licensed) code inspectors. The problem in this case appears to be that a complete termite inspection would be difficult. This is not unusual in finished basements, covered sill places and other areas that come into contact with or close to the earth. Requiring regrading and excavation for wood destrying insects is not a reasonable solution.
4. The owner, when receiving the request for repair, should have simply said "NO" and let the buyer walk and relist the house post haste. The cost of remedy for the cited defects probably exceeded the automatic repair requird in most Contract of Sale documents. Maryland has a 2% limit. Excavation and regrading could easily cost considerably more, especially when other remedies are available with pest inspection companies with proper training and equipment.
I love home inspectors. However, I have had the inspection reports "kill the deal" when it wasn't necessary. We had one inspector insist that a basement be rebuilt to meet current code for window in a finished room. The house predated the code by 95 years. Made no sense. We never used the inspector again because he overstepped his authority, and license, by doing a code inspection.
In my opinion, the home inspection went too far. The listing agent should have kept her cool and just let the contract die. The buyers were foolish to request the repairs. The sellers were foolish to agree to them.
But, shucks. I'm just a real estate broker with the experience of over 500 transaction managed. We don't want to sell homes with defects. We're buyer's agents and we "kill" on home inspections. But, we also know that sometimes the home insepction performed doesn't relate to the present day conditions.