Sellers Disclosure

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



Hi Joe, I recently did an inspection , the home had a carpeted basement and was furnished upon inspection. There were signs of moisture from the past and the seller had a new sump pump put in, at the time of inspection it was also noted that there was water in it. Seller claimed to not have any water problems since, which seemed likely(no odors,evidence of wicking up walls and so forth). Buyers moved in and now they say the carpet is constantly getting wet and they had it checked, they were told it was hydrostatic pressure, $3000 to fix and the seller refuse to do anything. I was called , so I am assuming they are trying to find out who is at fault. Any suggestions before I make a return phone call.


Bill


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



Bill,


you might want to move your question over to the LEGAL section of this forum. You may get a faster reply from Joe that way.


Wolf


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



Bill with all due respect - you are best to perform a call back inspection and review the situation with your clients as soon as possible. I have found myself once in the past in a similar situation, so here is my take.


Waiting may only serve to aggravate the situation. Generally this will help show your sincerity to your client, as well as provide you with an opportunity to reappraise the condition, even at this date. Remember to review your report and see if you indicated any signs of deficiencies that type of condition.

Example - was the carpet dry on the date of the inspection? did you and the client possibly walk the area in your stockings (shoes off)? Did you suspect or could lift any part of the carpet flooring to spot check the conditions beneath the carpet? You review inspection - what conditions may or did change since the inspection? Document your findings and provide them to your client.

It sounds as though you may have reported the "disclosure" of the owners statements in your report. If that is fact reassure your client - the intentions of your insertion of the statements in your report, was simply to advise them of the owners claim. This could help deflect the blame back at the owner rather than possibly at you.

Lastly, do not admit liability, unless you truly feel you really were in error!

Good luck and hope it comes out well and in your favour.


--
Ontario Home Inspections Inc.

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



Wow , I thought I was on the legal side. Anyhow, I did check my report and had mention of prior dampnes and the fact the a file cabinet that was there had rust stains on the bottom to which the listing agent said there was no water problem and that it is possible it was stored some where else before winding up in the basement(in my notes) so I will see what happens.


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



Sorry Bill I was not trying to scare you, but you never know ones intentions, unless you have something in writing or proof to support it. My point being go forward in a positive manner to find out where your client sits, on this concern. Try to work with your client trying your best to fairly represent them, if this is truly a case against a concealed defect.


Regards, Claude


--
Ontario Home Inspections Inc.

Originally Posted By: rwand1
This post was automatically imported from our archived forum.



Hi Bill


I am with Claude on this one. Service, service, service. Many times clients will call and be disgruntled. More often than not they want to seek guidance from the inspector, feedback, pick his brains. They may need you in thier attempt to go after the vendor. From the sounds of it you have crossed your T's and dotted your i's.

Good luck.


--
Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
NACHI Member
Registered Home Inspector (OAHI)
http://www.raymondwand.ca

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



When I read this, it gave me the chills; this is the stuff of which lawsuits are made. I realize that there are a lot of old homes with basements and sump pumps, but I will never endorse them. Water should be handled long before it gets inside a residence. I want to keep this short, but here are three narratives stored in my report-writer that you might want to have, edit, and make your own. I have at least five more on sump pumps, etc.


Water can be destructive and foster conditions that are deleterious to health. For this reason, the ideal property will have soils that slope away from the residence and the interior floors will be several inches higher than the exterior grade. Also, the residence will have roof gutters and downspouts that discharge into area drains with catch basins that carry water away to hard surfaces. However, we cannot guarantee the condition of any subterranean drainage system, but if a property does not meet this ideal, or if any portion of the interior floor is below the exterior grade, we cannot endorse it and recommend that you consult with a grading and drainage contractor, even though there may not be any evidence of moisture intrusion. The sellers or occupants will obviously have a more intimate knowledge of the site than we could possible hope to have during our limited visit; however we have confirmed moisture intrusion in residences when it was raining that would not have been apparent otherwise. Also, in conjunction with the cellulose material found in most modern homes, moisture can facilitate the growth of biological organisms that can compromise building materials and produce mold-like substances that can have an adverse affect on health.

Moisture intrusion is a perennial problem, with which you should be aware. It involves a host of interrelated factors, and can be unpredictable, intermittent, or constant. When moisture intrusion is not self evident, it can be inferred by musty odors, peeling paint or plaster, efflorescence, or salt crystal formations, rust on metal components, and wood rot. However, condensation and humidity can produce similar conditions if the temperature is not maintained above the dew point. Regardless, if the interior floors of a residence are at the same elevation or lower than the exterior grade we could not rule out the potential for moisture intrusion and would not endorse any such areas. Nevertheless, if such conditions do exist, or if you or any member of your family suffers from allergies or asthma, you should schedule a specialist inspection.

There are areas of living space below grade, which will be susceptible to moisture intrusion. There is no evidence of intrusion at this time, but one could not guarantee that it would not occur. The exterior walls may have been coated with waterproofing compounds that can lose their resilience and eventually permit intrusion. Therefore, it will be important to monitor these areas and particularly during the rainy season, and you should seek a second opinion.