I think some agents would simply let it go and not return that seller's calls. Having an inspector look at it is certainly fair and a show of good faith, like you said. That shouldn't cost too much.

Brandon---based on what you have told us it sounds like failed using normal system controls----end of story.

Thanks, Charles.  Even though I didn't mean to trip the main, I agree that it should have been able to reset.  Now, my next question to you is:  How do you handle that situation when the homeowner is there and wanting to fight you over something that they see as being your fault?

Hey Brandon,

I don't think there is a magic bullet to get out of those kinds of situations. Lord knows, it has happened to me more than once before. I have pulled up on mini blinds before to check the windows and have had them come crashing down on my head (more than once by the way). I have taken the Furnace panel off to check the unit, only to not be able to put it back on (That damn little clip always falls, and you can hardly ever get it put back on). And the creme de la creme, I tested the smoke alarms in this one home to see if they were working, and they wouldn't turn off due to a short in the wiring. I had to manually pull ALL the smoke detectors down. I had to run out to my truck and get the 10 footer (cathedral ceilings) and they did not stop until the last one was down.

It happens to all of us my friend. What I tell them in every situation like that, that happens is, "well, guess we know what needs to be fixed" What else CAN you say? If the seller is there barking down your throat, just explain that the items would have been in need of repair anyway whether you touched them or not. Better it happen at the Inspection, than to the buyer the first time they need to turn off the power to hang a ceiling fan. Of course if that happened, then the buyer would be calling you asking how come you didnt catch it :-)

Peace 

Chalk it up to just one of those things that happen. My guess is from the strong reaction of the seller it has happened to them before. Nice of you to have an electrician look at it for them though.

J Brandon, the seller is very rarely at the inspection and I have not had the misfortune to have anything "fail under test" when there was one there:)

Thanks for the feedback.  I didn't sleep too good last night.  I had always known in the back of mind that something could go wrong, but when it happens it is so unexpected.  I don't think there is any way to really prepare for that situation.

Followup - I wasn't there for the re-inspection, but the electrician found a way to reset the main.  I don't know how, but it is over with.  However, I still wrote it up as a problem that should be a concern to the buyer.

I think it would be interesting to hear some more of your horror stories and how you handled the situations.  Little gems like that are priceless.  Teach me Obi-Wan!

Brandon,  I haven't had the pleasure of anything like that, Yet!  My turn will come I'm sure.  I can certainly feel your anguish though.  Good move on having an electrician come out, great customer service, for the seller at least.  Might get you another inspection too.

I called the electrician to schedule the evaluation this morning.  I knew the seller wouldn't be home so I contacted the listing agent (who also was there during the inspection) to have the house open.  I explained to her that I was only going to pay for the electrician to evaluate the panel and to provide an estimate for repairs.  This is how the conversation went from there.

"What do you mean by 'only an estimate'?  You're going to fix the panel." She said.

"I'm sorry, but the equipment had a defect that prevented it from operating correctly."

"It worked fine before you broke it.  You're going to pay for it."  (Remember this is the listing agent and NOT the seller)

"I am going above and beyond to have this evaluated.  I'll provide a copy of his evaluation to you and the seller so you can decide how to proceed, but I will not pay to repair the Seller's faulty equipment."

"Well, I guess you'll just have to hear from my attorney."

"That's fine, Ma'am.  You have my contact information.  I'll send you the evaluation when it is complete.  Have a great day."

It killed me to be polite to her, but I am glad that I had this conversation over the phone instead of face-to-face.  I'm not cowardly, I just don't particularly like conflict.  I try to keep everyone happy.  I'm sure that I called her bluff about the attorney, but I'm ready with my electrician's evaluation if he does call.  Anyway, it is over now and I can sleep good tonight.

I think you handled that very well Brandon. I am sure you called the bluff on the attorney, she wouldn't have a leg to stand on anyway.

J. Brandon, All of the guys have given you good advice and I agree with them. It was just one of those things that we "CAN" find during the inspections. Unfortnately it failed inadvertantly causing you, because you have ethics, some consternation. You have done the right things. I would "ABSOLUTELY" follow-up with the client explaining the difficulties (failures) encountered with the Stab-lok panels and that the panel should be replaced for their safety.

Blessings

Brandon,

Many items work fine until they are tested. That is the purpose of testing them. Although our SOP doesn't require us to reset breakers they should be able to close and open. If you open the breaker and it won't close, then it has failed. Most of us will test GFCI's and are never surprise when we trip them and they won't reset - a regular case of failed under testing.

Several years ago I was inspecting a $600K home with a 2 car wooden garage door. At the top of the door was a full length glass window. I was testing the Reverse on Contact mechanism and the glass shattered. Shocked me and my buyer. Looking closer at the door we saw the installer bolted the opener to the small wooden divider between the panes. I felt bad that I broke the glass but the client said better to break it during testing than to have the glass break when it hits one of the kids toys!

//Rick

Rick Bunzel, CRI
Pacific Crest Inspections
NPSAR Affiliate of the Year 2006-2007
WWW.PacCrestInspections.com
360-588-6956
Fax 360-588-6965
Toll Free 866-618-7764

J. Brandon,

Everyone here has given you great advice. Rick I think explained it well. We test components using normal operating controls. If something fails, it is defective and requires repair. Can't say I fully blame the seller for being upset, but the panel is in an enclosure that makes it difficult to access. In fact I would have written that up as well.

You definitely went above and beyond by paying for the electrician. I probably would done the same.

I had a similar situation recently. I opened an exterior chimney clean-out door and it broke because it was thickly painted. I left the seller a note an apologized for breaking the door and offered to pay for a new one. He said that he was aware of the thick paint, he had painted it, and he would replace it and not to worry.

Brandon,

In our area, Federal Pacific panels routinely get condemned and replaced, and the reason you descibe is one of the main reasons they get replaced. The breakers either refuse to trip, or refuse to reset, or both. Homeowners are supposed to "exercise" their breakers at least once a year to ensure that they are working, not stuck, or corroded (but hardly anyone actually does this).  

This points out one of the reasons that many recommend that you do not even try to open an FPE panel.  Yes, I tend to ignore that also. 

The other day I did a 4 Point inspection on a home that had an FPE panel.  There were missing blanks exposing the interior of tha panel and the main was sitting at an odd angle.  The home owner was standing next to me when I looked at it.  I explained that there are so many problems with these panels and that judging by its appearance, I was not going to attempt to open the panel.

Robert Sole

REM Inspections LLC

REMinspections.com

OrlandoHomeInspector.net