Big issues with inspection

We had a home inspection on a mobile home we were purchasing. The inspector didn’t catch quite a few very obvious issues:
The roof had 3 layers of roofing on it (only allowed 1 per code), reported as only having 1 layer.
The extra weight on the roof caused the house to not be level (very obvious from walking through), and the edges of the house to bow down 3/4".
The roof on the majority of 1 side doesn’t even reach to the gutter, causing water to pour into the walls.
Plants were growing through the roof causing water to leak into the walls
All openings/vents on the roof were not sealed properly (he only called out 4 vents, passed the chimney which had major gaps)
The screws and gaskets on the roof (2000+) were rusted and most gaskets were disintegrated and missing.
The hot water heater cabinet had a rotting wall and mold inside of it
The spare bathroom vanity was completely water damaged.
The spare bathroom had a leak (the light fixture was full of water)
Tons of water spots on the ceiling some spots bowing down…obvious red flags
Underneath the house, plywood was massively bowed due to water.
The deck had rusted, cracked and disintegrating joist holders
The ledger board for the deck was rotten
The wood on the thresholds of the front and back door was rotten

Our contractor found all these things right away. We have since started a massive remodel to try and fix everything. We pulled up carpet and flooring and more. There is soooo much rotting floor, even rotting joists…sooo much mold and more. yet the inspection report only had 1 red flag which was a pressure valve on the hot water heater.

We feel these were obvious issues. Our contractor caught them right away. If the inspector would have caught the issues with the roof, we would have asked for $ off the purchase price in order to replace the roof, or for the seller to replace the roof. Our inspector is a home inspector, Structural Pest Inspector and a contractor so we feel he definitely should have caught most of these things, most of which are conducive conditions.

Do we have any recourse? We are in WA state and my realtor said in WA the inspector is only liable for the cost of the inspection but that as a pest inspector he is required to carry a bond. These are glaring issues though. I cannot imagine that huge issues can just be looked over and the inspector has no responsibility. People rely on these inspections to ensure a safe property and this one definitely is not safe

Wow sorry to hear this Kelley. Good luck to you.
First, do you have a signed inspection agreement.

If these issues were so glaring to you and your contractor, why didn’t you discuss them with your inspector when you hired him/her? Heck, why did you even bother buying the home? It sounds like it was a total piece of crap from the moment you walk through the door. IMO, this is all on you, for many reasons. Since you didn’t mention the inspectors reaction to your phone call to him/her, I have to assume you are having buyers remorse and didn’t care for what the inspector actually reported, and likely told you what to do when you did call him/her.

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I guess you are right in a way. When we went to purchase, we didn’t spend much time nit picking everything because we were in love with the property itself. We trusted our realtor and inspector to judge the soundness of the home. Once we closed and spent time on the inside, we then noticed all the water marks on the roof, squishy spots on the floor, not level floor and more. We had a bad water leak with a light rain and when the contractor got on the roof, that’s when they noticed the bad issues with the roof. He is of the opinion any contractor/inspector should have realized those issues (3 layers or roof, the roof not reaching to the gutters and more). When he was in the crawl space, he noticed all the other issues with water damage as well. As home buyers, we didn’t go crawling around on the roof or in the crawl space.
As far as the inspectors reaction to us notifying him of the damages, he has yet to get back to us, hence the reason I am reaching out on forums to see what we can do…I am of the opinion he is just going to ignore us and not get back to us.
As far as the inspection report itself, it was very short, with not much of anything pointed out. (Door knobs that don’t work properly, closet doors that squeak, gutters that need cleaning, no GFCIs, small things like that.)

Yes we do have an agreement:
1) The fee for our inspection is $385.00, payable in full at a time the appointment on 06/17/2020.

  1. We will perform a visual inspection of the home/building and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. The report is only supplementary to the sellers disclosure.

  2. Unless otherwise noted in this Agreement or not possible, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors (InterNACHI), posted at www.nachi.org/sop. If your jurisdiction has adopted mandatory standards that differ from InterNACHIs SOP, we will perform the inspection in accordance with your jurisdictions standards. You understand that InterNACHIs SOP contains limitations, exceptions, and exclusions. You understand that InterNACHI is not a party to this Agreement, has no control over us, and does not employ or supervise us.

  3. Unless otherwise indicated in writing, we will NOT test for the presence of radon, a harmful gas. Unless otherwise indicated in writing, we will not test for mold. Unless otherwise indicated in writing, we will not test for compliance with applicable building codes or for the presence of or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations. If any structure you want us to inspect is a log structure or includes log construction, you understand that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.

  4. Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.

  5. LIMITATION ON LIABILITY AND DAMAGES. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee. If you wish to eliminate this liquidated damages provision, we are willing to perform the inspection for an increased fee, payable in advance.

  6. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing.

  7. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.

  8. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorneys fees incurred in defending that claim. You agree that the exclusive venue for any legal action against InterNACHI itself, allegedly arising out of this Agreement or our membership in InterNACHI, will be in Boulder County, Colorado. Before bringing any such action, you must provide InterNACHI with 30 days written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that InterNACHI can evaluate it. In any action against us or InterNACHI, you waive trial by jury.

  9. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection.

  10. Past-due fees for your inspection shall accrue interest at 8% per year. You agree to pay all costs and attorneys fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.

  11. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.

  12. You may not assign this Agreement.

  13. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.

  14. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.

  15. If you would like a large print version of this Agreement before signing it, you may request one by emailing us.

  16. If you elect to participate in InterNACHIs Buy-Back Guarantee Program, you will be bound by the terms you may view at www.nachi.org/buy.

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Did you elect to participate in InterNACHIs Buy-Back Guarantee Program? NACHI would love to buy it back from you.

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Any Inachi inspector leaving that many issues out of his report should be stripped of any Certifications to inspect anything, as far as I am concerned.

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Consult with an attorney.

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Did the inspector have benefit of a rainy day?

So, your contractor went in looking for specific known problems to determine why something, whereas the inspector went in blind searching for clue’s to unknown conditions that may not even exist?
Tell me, how much time did the contractor get to “discover” all that he found… WITHOUT pulling up the flooring and carpets, and such?

And yet the inspector was only on-site for a couple of hours TOTAL.

Interesting how contractors and others are quick to throw the inspector under the proverbial bus, without taking responsibilities for their own participation in the ensuing mess.

I suggest you refrain from posting anything else, ANYWHERE, until you have made contact with your inspector!!

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Related Article:

Washington State is very diverse, climatically speaking. I lived there for 20 years before relocating to MN. What area are you in for those not familiar with the differing weather patterns of the state. WA can be mountains to forests to oceanfront to desert, and everything in between!

It seems odd to have waited over 2 months to complain here about it.

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That was the inspection date…we didnt close until the very end of july… we have discovered these issues over the last couple weeks.

Good luck!

Talk about walking into the lion’s den! As a client with complaints about an inspector, coming to a forum of other inspectors shows moxy!

In all seriousness though, I will refrain from taking sides. I would recommend a careful review of the inspection agreement and wait until you hear back from the inspector. If you don’t hear back within a reasonable time frame, I would try again. It may be that they are waiting to hear back from legal counsel or their insurer before they respond. If you don’t receive a response, or a response that meets your satisfaction, you may feel the need to consult an attorney. In most cases though, I think the attorney’s fees may actually be more than whatever remedy you seek. Good luck!

Actually not. There is ALWAYS more to the story than these posters share. Coming here and to other forums are part of her game plan to build a circumstantial case out of her faulty decisions in judgment (not necessarily the inspector of choice, but maybe) to squeeze out a piece of insurance money to pay her bills. Once you’ve been around a while, you will recognize this scam mush sooner than later. We see them here at least one or twice a year.

Here’s what a very short search revealed… (not saying this is her, but could be based on her comments and profile)… I inquired of her location, but she seems to see that I am on to her and refuses to reply.

Explains a lot, doesn’t it?

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You may very well be correct. My opinion still stands. It is my opinion after all, not necessarily that of others. You don’t have to agree with me, but from what I’ve seen on these forums and on the InterNACHI FB group, the way some people attack others for simply having another opinion, I was a little bit surprised not to see anyone tearing into her and ripping her story apart.

There is always more to a story than what one person usually shares.

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I’m sorry. Theres no scam going on here. I posted here cuz I seriously have no idea where the hell to turn. His profile said he was certified through internachi. This is the first I even heard of internachi since it is the first time i have EVER had a problem with an inspection…and I’ve been through many!
And BTW Jeffery, I dont like to post my personal information so thanks a whole lot for google stalking me and posting it for all to see. I have never and will never scam anyone.
And also FYI I hope to resolve this with the inspector himself. I dont plan on taking anyone to court. So unfortunately for ME, his lack of attention is going to cost me over 10k that i didnt have to put into this house.
I had no idea i was “walking into the lions den”, since all the inspectors I have met (except 1 I guess) have been honest, hard working, respectable people. I was looking for help not looking to be attacked.
And btw…how in the world would some post on a board make my case any better in court…that makes no sense…my dozens and dozens of pictures would speak for themselves if I even decided to go that route.
And also, how does my location in washington have anything to do with a roof that is literally 1 3/4" away from a gutter? It doesnt.
Have fun on your scammer hunt…you can look elsewhere now

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It will not cost you any money to make a claim to the inspector’s error & omission insurance… … IF he was smart enough to carry it.