End of Life reporting (NM)

I had an agent telling me the property I was inspecting fell through because the last inspector said the HVAC systems were at the “end of their life cycle” and must be replaced. When the agent questioned the other inspector about this, they said New Mexico requires reporting on any appliances that are older than 10 years of age as “end of life.”
I understand ASHI SOP requires inspectors to report on appliances that are nearing the end of their life, but I haven’t heard of NM or InterNACHI requiring this. I regularly see HVAC systems over 50 years of age still working great. Sure I mention they are aged, but I don’t report they are “end of life” unless there are other indications suggesting this.
This property was a duplex, built in 2011, with HVAC systems manufactured in 2011. 10 years isn’t all that long for a southwest climate and I regularly see one or two year old systems in new construction, this doesn’t mean they’ve lost 20% of expected life. Have I missed an update on this?

2 Likes

Basically that is BS. Your own (NM) SOP says this:

§16.66.7.24 LIMITATIONS AND EXCLUSIONS:
(D) In general, the licensee is not required to determine:
(9) The age of installation of any system, structure, or omponent of a building;
(10) The remaining life expectancy of systems and components;

You should have a copy of this code for reference. Make a copy from this page:

9 Likes

I’m with Bob and call BS.
Shoot, he probably sent a link to his cousins HVAC company as well.

5 Likes

I draw the line before this… I’ll report it’s old, operating past it’s life expectancy, etc., etc. but “must be replaced,” is overstepping IMO.

10 Likes

Thanks guys. That’s what I figured, but wanted to make sure there wasn’t an update I missed from the state. Of course it was someone from a franchised company from a neighboring city. As always, I appreciate the responses!

1 Like

Did you read your own SOP?? Bob found it easily and it’s clear.

Did you check your own licensing site and see the latest rule changes which was very easy to find here??

NM Home Inspectors | Statutes, Rules, and Rule Hearings | RLD .

If you have something within your rules/laws that are not clear have you contacted your own licensing board for clarification? Why are you asking members about your State laws that are readily available?

2 Likes

Keep in mind in SOPs there is a big difference between, “not required to,” and “not allowed to.” Years ago I gave a presentation at our local association meeting with another guy on this exact topic. LOTS of inspectors don’t seem to know the difference and use those terms interchangeably and they are not the same thing. There’s nothing unethical or wrong commenting about life expectancy… it’s just not required.

Should anyone confront you about this, ask them what day they are going to die.
Of if you’re religious, when is Christ going to return…

Seeing your using ASHI

(6) General Exclusions.
(a) Home inspectors are not required to report on:

  1. Life expectancy of any component or system;
  2. The cause(s) of the need for a repair;
  3. The methods, materials, and costs of corrections;

(b) Home inspectors are not required to:
2. Calculate the strength, adequacy, or efficiency of any system or component;
4. Operate any system or component that is shut down or otherwise inoperable;
5. Operate any system or component that does not respond to normal operating
controls;
8. Predict future condition, including but not limited to failure of components;

(7) Heating Systems.
(a) The home inspector shall inspect permanently installed heating systems including:

  1. Heating equipment;
  2. Normal operating controls;
  3. Automatic safety controls;
  4. Chimneys, flues, and vents, where readily visible;
  5. Solid fuel heating devices;
  6. Heat distribution systems including fans, pumps, ducts and piping, insulation, air
    filters, registers, radiators, fan coil units, convectors; and
  7. The presence of an installed heat source in each room.
    (b) The home inspector shall describe:
  8. The energy source for the system; and
  9. The heating equipment and distribution type.
    (c) The home inspector shall operate the systems using normal operating controls.
    (d) The home inspector shall open readily openable access panels provided by the
    manufacturer or installer for routine homeowner maintenance.
    (e) The home inspector is not required to:
1 Like

The OP states the agent told him the previous HI said NM required him to report appliances over 10 years old as “end of life.”

He has a state SOP.

1 Like

Because NM hasn’t been licensed but for a few years and are constantly changing their site and information. Anything can be found online, but it can be easier to ask other professionals in your field. That’s why I asked if I missed an update.
That’s kind of the point of forums. To ask others their opinions and to get more information. I appreciate those on this site that can help others find answers and make sure they have the correct information. Responses like yours really don’t benefit anyone and I’m not sure why you’d waste your time giving a response like that. There is absolutely nothing helpful in your multiple question response.

3 Likes

From the State SOP:
(D) In general, the licensee is not required to determine:
(8) Future conditions, including but not limited to failure of systems and components;
(9) The age of installation of any system, structure, or component of a build
(10) The remaining life expectancy of systems and components;

As others have pointed out, not required and not allowed are two different things. If the other inspector stated that the systems need to be replaced, he should have provided some sort of an opinion as to why he thought that.

Meanwhile, in Florida:
(5) If not self-evident to the client at the time of inspection, the inspector shall give a reason why, in his or her opinion, the system or component was reported as significantly deficient or near the end of its service life.

Although you are not required to in Florida, if you do, you have to give a reason why.

3 Likes

This needs to be added to just about every post on these forums. Well said Bob.

1 Like

Well now Bob, don’t you think you should get such an important update straight from your licensing board if you feel they are so FU they can’t put updates on their site like the link above displays they do?

So Bob, do you follow all of the SOP changes you are told by others instead of your licensing board like the Inspector you are referring to possibly did? Do you always take the easy way out instead of the smart path like contacting your licensing board for clarifications? After all do other Inspectors control your license or does your licensing board?

So with regards to this situation do you trust other Inspectors’ opinions over your laws/rules? With regards to this situation what more information do you need than what is clearly displayed in your rules?

Using your logic I’ll give you an opinion that SOP’s are to restrictive and I think you should just forget the SOP and wing it any way you feel like. Of course when you are nailed by your licensing board for failing to follow the laws/rules feel free to tell them I gave you my opinion and that’s what you ran with. Let us know how that works out.

If you want an opinion on this situation that will keep you out of trouble like the other Inspector is causing himself/herself then you should get that opinion from your licensing board, in writing, so you have a record of it. Gee what a way to CYA don’t you think?

So others on this site need to point you to your own State mandated SOP and the sections that clearly answer the concern you have?

Gee Bob you sound butthurt because you can not read and comprehend your own SOP and prefer to take direction from others instead of your licensing board. Maybe you should get a new job where you are told when to do anything and everything while on the clock? Wouldn’t that be so much easier for you? Then you won’t have to actually run a business and handle all the tasks associated with it.

:unamused:

1 Like

Last time I looked it up InterNachi said life expectancy on HVAC is 15-25 years. I put a red concern on anything over 25 years and say that it is past its life expectancy and for safety reasons should have a combustion analysis to determine if it is safe to operate. I never say it needs replacement. We are generalist as home inspectors. If there is an issue I recommend further review and repair/replacement by a licensed HVAC contractor.

2 Likes

I would question if the Agent is actually relaying accurate information from the prior inspector’s report, what the other agent verbally relayed and or if “The Agent” is making something (crap) up in his/her mind as to what “another inspector said or claimed”.

I have been accused of saying things that are blatantly false after a seller’s agent hears something from the buyer’s agent that was relayed from their buyer…(whom I never met in person or even discussed any findings over the phone) The only info Reported was what was in the official written report…In which I wrote nothing even close to what The Agent accused me of… (What was made up was a Dollar Amount that “I said” the Buyer should ask for to correct defects) I have never given an estimate for repairs in my reports or verbally in over 14 years of doing this.

3 Likes

There is no real end of life on any appliance. My furnace is from 1987, still working like new, I have replaced the A/C compressor and A-coil. I have put in 2 circuit boards in the furnace and a new fan. Anything can break at any time, and everything is repairable. On older systems I check for function and recommend a HVAC contractor evaluate and service older units, there is no way to determine when something is going to fail. I had an inspection today that had a water heater from the 60’s still working great. Yes I recommend they budget for replacement. But I do not ever say it must be replaced if it is working.

2 Likes

Interestingly water heaters are one appliance I recommend replacing before failure. If the furnace or AC croaks you’ll be hot or cold for a while until it’s fixed or replaced. But when a water heater fails it can make a heck of a mess.

3 Likes

You must get some miracle AC units out there. 15-20 seems to be a good run in this area, with plenty of cheap builder grade Goodmans dying a lot sooner. The last two 40 plus year old units I saw were only running (weakly) with regular refrigerant top ups.

Depends on where the heater is. I have the original 97 vintage water heater in my garage. The bottom could melt off the thing my damages would be zero as it’s about 8 inches from the garage door.

The other thing, I have never heard of or seen a leaking water heater around here. Up north the bottoms would rot out of them, down here in my area of Florida, you just get a film of sediment on the inside and it never rots away. I’m not saying it’s impossible, it just doesn’t seem to happen here on the public water system.