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City inspectors should state observations but not tell buyers to get a lawyer to sue seller

By
Real Estate Agent with Alain Pinel BRE 01367196

A city building inspector was called to approve the progress of work that was already checked by a previous inspector.

He observed another situation that he deemed was done without permits.

So he said that "the buyers should go after the sellers for not disclosing this situation. They should get a lawyer and make the sellers pay for the permits and fines, and to correct this."

WHAT?

This inspector was out of line in stating his opinion especially when he didn't know the circumstances.

This city inspector went to a property where work was being done to replace the sewer lateral and to correct venting of pipes that didn't conform to code.  He was the second inspector to come and he was expected to approve the work and to "final" the report. The buyers were at the property at that time, meeting with an electrician.

The house was purchased 35 years ago --- and the sellers have not done anything to remodel the property. If there were any un-permitted work, they didn't know about it since they bought it as is.

The sellers agreed to pay for work to meet government requirements for sewer lateral, gas cut off valve, smoke detectors and water heater strapping. But other than that, they declared that the house has deferred maintenance, that no work was done since they bought it,

The buyers themselves have gone to city hall to get the permit history. They also engaged several inspectors -- property inspector, pest inspector, foundation inspector, roof inspector, electricians, plumbers. They know what they're buying.

The sellers are up in arms and are going to city hall to complain about the city inspector's unsolicited advice. This inspector is close to sinking this deal!

Comments(12)

Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Pacita...

And here in Georgia, he would be practicing law without a license.

Featured in the Group "Whacked!!!"

Nov 20, 2010 05:52 AM
Cathy McAlister
Cathy Ashley McAlister, GRI CDPE - Broker / Sacramento - Sacramento, CA
Sacramento DRE#00648507

Pacitia, I don't believe I would have a problem with an inspector providing general information on an observed condition.  The information could be useful and preventative for future problems.   Sometimes the timing and content is not helpful to the closing process  but the transaction may ultimately be better for having the knowledge. 

That being said.  the inspector stating "the buyers should go after the sellers for not disclosing this situation. They should get a lawyer and make the sellers pay for the permits and fines, and to correct this." 

is way over the line and he needs some counseling on who, what, when, where and why to say things.   I hope this all works out.

Nov 20, 2010 06:05 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

Oh Boy! This could be a problem if the inspector insists on getting that item fixed also. Good luck!

Nov 20, 2010 06:06 AM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

I think the sellers would want to work something out. The inspector should identify the observed problem, and the sellers could take it up with the City. That's all he should have done. ....but to hear this inspector say the the buyers should go after them, or to hire a lawyer was way beyond the inspector's purview.

Nov 20, 2010 06:22 AM
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

Pacita, I can see why you and the sellers are annoyed with that inspector. Hope everything turns out OK.

Nov 20, 2010 09:41 AM
Peggy Hughes/pha logistix, inc.
pha logistix inc - San Francisco, CA
SF NYC LA

What a bummer... inspector was definitely out of line.  Hope it all works out for you.

Nov 20, 2010 11:09 AM
Richard L. Sanderson
Richard L. Sanderson Consulting - Kalama, WA
helping improve local property tax systems

Pacita:

I think the building code inspector has an obligation to report what he or she finds as part of their job.  To whom they report their findings are a matter of how the building code office is administered and managed.  For example, the building inspector may have erred in stating his findings verbally to anyone within hearing distance.  But I believe the biggest error was in stating an opinion as to how the problem should be resolved.  You will probably find that opining on legal remedies is not part of the building code inspector's job description.

Nov 21, 2010 11:20 AM
Sharon Lancaster
Sage Executive Group Real Estate - Kelowna, BC
SRES, Realty Executives Okanagan

Interesting commentary ... I have been privy to conflicting reports in the past, which resulted in Buyer's walking away.

Nov 21, 2010 05:47 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Good for the sellers...a note to their council person and the Mayor wouldn't hurt either...the inspector most probably is clueless and may be operating outside his are of expertise....when whatever work was done given the age of the house, it may well be that permits were not required.

Nov 21, 2010 09:55 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Pacita, The inspector crossed the line … he was not there to give advice … he was there to sign off on permit work. I hope the sellers do complain and get clarity on exactly what the inspector’s role is and is not. Good lessons to be learned here.

Nov 22, 2010 03:57 AM
Richard L. Sanderson
Richard L. Sanderson Consulting - Kalama, WA
helping improve local property tax systems

Sally & David:

As a long-time local government employee and administrator I wouldn't recommend writing your Council Member or City Mayor as the first step, unless the building code department has a reputation of not following through on complaints.  The building code official or administrator who supervises the particular building inspector should been given the opportunity to straighten this problem out.  If the chain of command does not function properly, by all means follow up with a letter to your Council Member or City Mayor.  In your complaint to the building official or administer, tell then that you want to hear back from them about how the problem will be handled  within a specific period of time before you take further action, like writing your Council Member or City Mayor.

Nov 25, 2010 10:01 AM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

Update: the contractor spoke with another inspector to resolve the problem, and mentioned what was said.

The inspector returned to the site for final review. He was told the property was bought in 1971 and no renovations were done to the property and that this was disclosed to the buyers.

He approved the work. And we're on our way to close escrow next week.

 

Nov 25, 2010 10:19 AM