Good morning everybody,
I would like some advice. I have a client that found mold under his kitchen sink and bathroom sink after they moved in and wants to know why I did not find it. These are the pictures of the cabinets at the time of the inspection. As you can see my vision was obscured. What is the best way to respond to this?
Thanks in advance
Cj
The sink cabinets were obscured by stored items. We did out best to view cabinet interiors for stains, leaks and other defects but some items may be missed because of limited visibility.
A home inspection is a non invasive, visual examination of the accessible areas of the property, designed to identify areas of concern within specific systems or components defined by the Tennessee Standards of Practice, that are both observed and deemed material by the inspector at the exact date and time of inspection. Any and all recommendations for repair, replacement, evaluation, and maintenance issues found, should be evaluated by the appropriate trades contractors within the clients inspection contingency window or prior to closing, which is contract applicable, in order to obtain proper dollar amount estimates on the cost of said repairs and also because these evaluations could uncover more potential issues than able to be noted from a purely visual inspection of the property. This inspection will not reveal every concern or issue that exists, but only those material defects that were observable on the day of the inspection. This inspection is intended to assist in evaluation of the overall condition of the dwelling only. This inspection is not a prediction of future conditions and conditions with the property are subject to change the moment we leave the premises.
An inspection IS NOT technically exhaustive. An inspection WILL NOT identify concealed or latent defects, or deal with aesthetic concerns or what could be deemed matters of taste, cosmetic defects, etc. An inspection DOES NOT include items not permanently installed. The inspection services DO NOT INCLUDE any action, system or component specifically excluded from the scope of work in any provision of the TN Standards. The HOME INSPECTION REPORT DOES NOT ADDRESS: environmental hazards, including, but not limited to: (a) lead-based paint; (b) radon; (c) asbestos; (d) cockroaches; (e) rodents; (f) pesticides; (g) treated lumber; (h) fungus/mold; (i) mercury; (j) carbon monoxide; or (k) other similar environmental hazards. The HOME INSPECTION REPORT DOES NOT ADDRESS: subterranean systems or system components (operational or nonoperational), including, but not limited to: (a) sewage disposal; (b) water supply; or (c) fuel storage or delivery. The INSPECTOR IS NOT REQUIRED TO REPORT ON: (a) life expectancy of any component or system; (b) the cause(s) of the need for a repair; (c) the methods, materials, and costs of corrections; (d) the suitability of the Inspected Property for any specialized use; (e) compliance or non-compliance with adopted codes, ordinances, statutes, regulatory requirements or restrictions; (f) the market value of the Inspected Property or its marketability; (g) the advisability or inadvisability of purchase of the Inspected Property; (h) any component or system that was not inspected; (i) the presence or absence of pests such as wood-damaging organisms, rodents, or insects; or (j) cosmetic damage, underground items, or items not permanently installed. The INSPECTOR IS NOT REQUIRED TO: (a) offer warranties or guarantees of any kind; (b) calculate the strength, adequacy, or efficiency of any system or component; (c) enter any area or perform any procedure that may damage the Inspected Property or its components or be dangerous to or adversely affect the health or safety of the INSPECTOR or other persons; (d) operate any system or component that is shut down or otherwise inoperable; (e) operate any system or component that does not respond to normal operating controls; (f) move personal items, panels, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility; (g) determine the presence or effectiveness of any system installed to control or remove suspected hazardous substances; (h) predict future conditions, including but not limited to failure of components; (i) project operating costs of components; (j) evaluate acoustical characteristics of any system or component; or (k) inspect special equipment or accessories that are not listed as components to be inspected in the TN Standards. The INSPECTOR IS NOT REQUIRED TO DETERMINE: whether any system or component of the Inspected Property has been affected by the illegal manufacture, distribution, storage, possession or sale of any illicit drugs, products, or by-products, including, but not limited to, methamphetamines, and including all chemicals, tools, household fixtures or appliances used to facilitate such illegal activities. The INSPECTOR is NOT REQUIRED TO: (a) offer or perform any act or service contrary to law; or (b) offer or perform engineering, architectural, plumbing, electrical or any other job function requiring a license in this state. The CLIENT and the INSPECTOR agree that the scope of the inspection to be performed pursuant to this Agreement DOES NOT INCLUDE decay of the interior of logs in log walls, log foundations or roofs, or similar defects in log homes, log structures or similar log construction. The CLIENT and the INSPECTOR agree that the INSPECTOR IS NOT REQUIRED TO PERFORM any action or task specifically excluded from the scope of a general home inspection as contained in the TN Standards, whether or not specifically identified herein.
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Thank you,
There are so many “way out’s”. Is it mold? Mildew? Grime? Sludge? Dirt? How long between the inspection and move in date? Was it actually concealed? (possibly higher up in the cabinet?) Also, did you report on mold anywhere else in the home?
The larger issue is how are you going to manage the relationship with your client? Maybe something like “Hi Mr. Johnson, I completely understand your concerns. Could I drop by and take a look and we can discuss?”
Or, in a phone call “I reviewed my photos and the area was not highly visible due to all of the stored cleaning supplies. Consequently, the “possible mold” was not visible. I recommend cleaning and sanitizing the area with a household cleaner and ensure the area is completely dry (a fan really helps) before storing more items and closing the cabinet doors.”
Or, you could push them off with a “not my problem” per our SoP. Regardless, I would admit no wrong doing.
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- mold not part of SOP / inspection
- areas not inspected & reason
a) closets-cabinets b) limited partial interior
a) packed-storage b) furniture on most perimeters
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Did you convey this properly in the report?
How do they know it’s mold?
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Did you note or at least notice the “damp-rid” container while on site?
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In addition to what others said, I would have noted the container of damp rid in my report. The sellers may have been aware of a moisture issue that wasn’t disclosed. I would recommend your clients review their sales disclosure.
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You beat me to the punch
It may seem trivial, but I spot those things (in all their various forms) all over the damn place, and mention it 'cause I don’t know WTF is going on in those dark, hidden areas…
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Hello Mr. & Mrs. XX,
I hope all is well with you. Inspecting for mold was beyond the scope of this inspection. Please see item 4 in the “PIA” you signed before the inspection took place along with the “Inspection Limitations” on page 3 of your inspection report. If during the inspection I see a substance consistant with mold I do put a statement in the report and recommend further evaluation and mitigation if needed, be performed by a qualified Industrial Hygenist, but I don’t report on anything I don’t see.
Here is more information for you on the subject - Mold | US EPA.
I hope this helps.
Thank you for your business and feel free to call or email me with any other questions.
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Congrats on taking effective CYA pics. You should have no problem fending this off as long as the mold was hidden at the time of inspection. Just have a conversation with the client about the limitation. Most reasonable people will understand and drop their complaint. If not, you have all the evidence you need should it get escalated.
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Morning, Charles. Hope this post finds you well and in good spirits today. Welcome to our community!
First off, explain to your clients, I am sorry for any inconvenience they encountered after moving in. In my standards of practice there are, Limitations, Exceptions & Exclusions.
Inspecting under kitchen and bathroom cabinetry can be imposable to do most times at the bottom unless the area is accessible. In kitchen lower drawer cabinets it is next to imposable. Side panels and toe kicks block accessibility.
Things invisible items to the naked eye are limitations. As well, you do not test for mold/moulid. Air & Swab Samples must be taken following a standard of practice and sent to a laboratory. Results are mail back to the certified IAQ inspector to analyses and make referrals to the licensed professional.