Seller wants me to pay for faulty wiring

Originally Posted By: jgallant
This post was automatically imported from our archived forum.



This message is also posted in the “General Inspection Discussion” forum. Sorry for the cross-post.


While backing out a screw on a sub panel cover today (I hadn't taken either the sub-panel cover or the service panel cover off yet), a "boom" noise occurred with plenty of sparks inside the sub-panel. A double-pole 60 amp breaker labeled "Furnace" had tripped. My guess is that a hot wire was in contact with the panel cover screw and that it shorted out. Glad I'm alive.

I left a note for the seller explaining what happened, and not to reset the breaker, and to have an electrician evaluate and repair, and to call me and discuss. The seller called and expects me to arrange and pay for all and any repairs.

Any thoughts?


--
-Jim Gallant
Owner, All Point Home Inspections - Poulsbo, WA www.allpointinspections.com
Co-founder, ReportHost (Web-based report writing service) www.reporthost.com

Originally Posted By: jpeck
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I’ve had that happen too, as I am sure others have.


Tell the seller that had the last electrician who worked on that panel, and that may have been the original installing electrician, left the conductors loosely in the enclosure and up against the screws.

Then add that he (the seller) should thank you for finding this before the buyer moved in and someone was shocked or caused a fire.

YOU FOUND the problem, YOU reported the problem, YOU DID NOT make the problem.


--
Jerry Peck
South Florida

Originally Posted By: Nick Gromicko
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Jim:


You can always say that you asked your trade association about this and then I'll write you a Director's opinon paper supporting your position.

Works every time.


--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

Originally Posted By: jgallant
This post was automatically imported from our archived forum.



gromicko wrote:
Jim:

You can always say that you asked your trade association about this and then I'll write you a Director's opinon paper supporting your position.

Works every time.


Thanks Nick. That's a kind offer that I hope I don't have to take you up on. Stay tuned for more as the story unfolds.


--
-Jim Gallant
Owner, All Point Home Inspections - Poulsbo, WA www.allpointinspections.com
Co-founder, ReportHost (Web-based report writing service) www.reporthost.com

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.





Many seller's are unaware that the home inspection rider within the real estate sales agreement they signed gave the home inspector (working on behalf of the buyer) written permission (albeit indirectly) to do almost anything within the realm of an inspection.

Nick


--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

Originally Posted By: Nick Gromicko
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Most sellers still think it’s their home when the home inspection takes place… but in a way… it is not completely their home once the sales agreement is signed, even though closing hasn’t taken place yet.


Once a sales agreement is signed, your client (the buyer) is actually an owner-in-equity of the home your inspecting. A seller is more of a custodian obligated to care for the buyers property till the closing or some states call it escrow (where possession is transferred).

A seller (during the time of the home inspection) typically can't sell, destroy, remodel, or borrow against his own home for a reason... your client (the buyer) already has a form of ownership-in-equity of the property your inspecting.


--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

Originally Posted By: dbowers
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- the RE Contracts that have been in effect for the last 5-6 years give the buyer - the right to any and all inspection(s) of his/her choosing - BUT - the Contract states that if anything is damaged or broken the buyer and his inspector(s) take full responsibility for it.


Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.



In this case I would argue that such language is referring to things broken by the buyer or inspector, not things discovered to be broken by the buyer or inspector (the actual service being provided by the inspector).



Nick Gromicko


Founder


dues=79cents/day.


I much prefer email to private messages.

Originally Posted By: jpeck
This post was automatically imported from our archived forum.



Dan,


Nick is correct. The HI does not break anything when they remove a screw and the electrical panel lights up because SOMEONE ELSE left a wire laying where the screw would be put back in when that other person re-installs the cover screws. That person is the person who set of the sequence of events into motion which caused the failure and damage.


--
Jerry Peck
South Florida