ResalesScrutinizing Your Home Inspector: What to Do If You Dispute the Findings
While it may sometimes appear that your home inspection is the end-all,
tell-all, it isn"t. Home inspectors occasionally make mistakes, which is why
it"s important to carefully review everything that comes to light in the
inspection process and question findings that don"t add up.
The average home has more than 60,000 pieces and parts to it. Short of being
able to see through walls, predict cracks where none is showing, and test
every single element of your home, even the best home inspector has to rely
on representative samplings, coupled with experience and up-to-date product
and systems information in tracking down faulty points.
So what should you do when you disagree with your home inspector? If you
spot a problem and call the inspector to talk about it, the inspector will
usually be more than happy to make amends.
Disputes over home inspections often involve misunderstandings about the
scope of the inspection process, say inspectors. To avoid disagreements, it
is wise to read every word of the inspector"s contract and report. These
documents specifically define the extent of the inspection while listing
common limitations.
In addition, the California Real Estate Inspection Association offers the
following "what if" list:
If the inspector doesn"t put in writing something that was said during the
inspection process, call the inspector and seek a correction or explanation.
If there"s anything you don"t understand, call the inspector and ask for
an explanation.
If you get a conflicting opinion from another party (buyer or seller), ask
the inspector for the basis of their opinion. If they feel there"s a chance
they may have gotten things wrong, any re-inspection should be at their own
expense.
If you get a conflicting opinion from a contractor retained to perform
corrective work on a defective component based on an inspector"s report,
suggest the two parties speak to discuss the situation.
If the seller says that a certain item reported as defective or hazardous
is not a problem and refuses to negotiate a remedy, it is their legal right
to do so. You may either accept the seller"s position or look for another
house.
If you want to leverage the inspector"s findings in your negotiations,
keep in mind that home inspectors are not negotiators. Negotiations of items
listed within the home inspection report are probably best left to your real
estate professional.
If you"re unhappy with the inspection performed for you, call the
inspector and speak your mind. If the inspector doesn"t attempt to make
amends, or explain your issues satisfactorily, return the inspector"s
written report, sign a legal waiver of action (your lawyer can help here),
and demand your money back.
So, whether this is a house you"re selling or buying, it"s only natural that
you may disagree with your home inspector"s assessment, and that"s your
right. In fact, a good home inspector will gladly come out and recheck
things if you can demonstrate that they either missed something the first
time around, or that they pegged something as needing fixing - when it
doesn"t. But how do you ensure that the home inspector you work with is a
good one?
"Looking for professional credentials is still the best way for consumers to
select an inspector," said Mike Casey, President of the American Society of
Home Inspectors.
Casey, a noted author, lecturer and building construction and code expert,
suggests people check for references, professional affiliations (such as the
ASHI), and interview at least three inspectors before deciding on one.
Casey said that as ASHI has worked to improve the professionalism of its
members, federal agencies such as HUD (Department of Housing and Urban
Development), nearly every state and even some local communities, have
examined the home inspection regulation issue. Despite this, consumers still
must exercise care when selecting an inspector.
"Regulation has yet to affect most inspectors, so looking for professional
credentials is still the best way for consumers to select an inspector," he
added, pointing out that consumers are wise to look for ASHI membership,
check for references and interview at least three inspectors before deciding
who you"ll hire.
"In addition to verifying these credentials, we also recommend consumers
obtain the details on the regulation that affects them," he said.
For example, the CREIA requires its members to successfully pass a written
test of property systems and complete 30 hours of education each year. Not
only does the CREIA keep records to ensure that members are complying with
their requirements, but they also ensure that technological improvements in
home construction are part of the education process.
Seven states have adopted the National Home Inspection Examination as a
means of regulating home inspectors.
Finally, as with anything else, if you feel it"s worthwhile to get a little
more peace of mind, get a second opinion. Yes, it"s an extra expense, but so
is paying to fix a defective component of your property.