"Who should get the blame?" she asks....

This is what I said, in response: (apparently, many will disagree with it)

Here is the Original Question: “Who do I find fault with, inspector or homeowners??”

And you could not possibly use any more words to basically answer

“Well, it all depends?”

That is some funny stuff James…

Law libraries throughout the nation are each stacked to the ceiling with tens of thousands of books, magazines, and reviews that can all be boiled down to ten little commandments.

We don’t know whether it meets code OR not. We’re not code inspectors.

What the plumber said OR did not say has no bearing. Call the local code enforcement people and let them look at it to see if it meets CODE.

There are hundreds of things the code book says should be …
The code guys exclude OR don’t enforce them, therefore they were APPROVED by the code (actually overlooked OR just not noted). ONLY the local code people can ENFORCE code OR state what they exclude OR don’t enforce.

Therefore … The problems ??? came with the house. Call the seller.

Home inspectors, generally, do not understand their obligations and role when it comes to code. How can we expect buyers and sellers to?

I don’t know how many times I have read questions posted on this board and laughed as some home inspector is writing a report and wants to know something like when GFCI was first required for countertops, etc…as if that is a relevant question. While the NEC did not add that requirement until 1987, how does he know when or if the 1987 NEC was ever adopted by that jurisdiction where the house is located? The house could have been built in 1988 and the jurisdiction governing the house was still, at that time, applying the 1984 NEC…which would render his judgment in error. (The question is not only what did the code say in 1987, but what version of the code was in effect in the particular jurisdiction where you are inspecting on the day the house was first approved for occupancy by the AHJ. This information is not very easy to come by.)

Home inspectors should never, under any circumstances, refer to or use the word “code” in any communication with a client. Period. When they do, they are talking out of their a ss.

So the long winded non response where you repeatedly mention code was after all a Fart?

It was an attempt to educate a disgruntled consumer that her plumber’s claim that certain items “did not meet code” had nothing to do with her home inspection.

Betcha’ she has no clue what the heck you said. Hell, she couldn’t get what the plumber said (perhaps he spoke as you do). :mrgreen:

That is your Opinion and may or may not be true. You did not get any real information to render such a definitive opinion on Her Inspection. :slight_smile:

Around here, the code used to determine occupancy is based on what is in effect the day the original permit was issued. The time between permitting and certificate of occupancy can possibly be years since only one successful code phase inspection is required every 12 months.

Well you certainly used a lot of words to craft a response that really didn’y say much of anything. This is what comes from trying to answer questions with inadequate information, rather than just stating the fact that you have inadequate information to provide a meaningful response.

If she was clueless before, which her email leads me to believe, I’m certain she is totally befuddled by now.

You should send her a followup and ask how helpful she found your reply.

I gave her no “definitive opinion” on her inspection. I left a caveat for every unanswered question, other than the fact that her “code argument” was moot.

The inspector’s liability depended upon the agreement and what, exactly, he was being paid to provide. The NACHI agreement, for instance, specifically states that the buyer is only contracting for the “opinion” of the condition of the property by the inspector. Not its actual condition.

The seller, if he violated the law and did the work without obtaining the permits…then failed to disclose this fact…might be liable depending upon the laws of the state.

Several open ended areas to pursue, here.

It is an interesting discussion, I am not in full agreement on the position you take with regards to Codes, but I do understand it.

(Now is this the usual part of the thread where one of us starts in with disparaging remarks about one’s lineage? ahhahahahahahaha) :slight_smile:

Here was her response…

Once again, the inspector refers to “code” and paints himself into a corner.

Well that’s a better response than I would have expected.

LOL so the first switch next to the door was the fan and the second was the light. She wanted them swapped and the inspector is liable for “missing” it. Stay away from this one - she’s a kook.

Like I said - WE are NOT the final word AND the plumber sure as crap ain’t

I would have told her that with the limited information, I really can’t help you. If you wold like me to come out and review the report and look at your home, I will for a fee.

But, bear in mind, that the home may be more accessible now than it was during the inspection and I may find more things wrong as a result.

In the meantime, I would suggest you contact your inspector to address the issues you mentioned.

Permitting is usually out of the scope of inspections, although, in some instances, I will do a permit search for my Clients, it is not a requirement.

I don’t know what she is complaining about regarding the light/fan switches. It is a matter of preference, not functionality.

As to the drain line, sounds like it was plumbed into the washing machine line. I wonder, what the toilet plumbed into and by whom? There may be more here than meets the eye when you add in the non-permitted work factor.

I would have to tell her that there is no one to blame. If she wanted a home with a full warranty then she should have bought a new construction home that had a builders warranty.

OR she should call her warranty company

I have always wondered what agents tell home buyers after we leave the home, or turn over our reports. I have heard the “code vs. inspector” scenario from other clients attempting me to say something, but mostly I always ignore it, unless asked to me directly. Entering into someone’s conversation that you “over hear” can be dangerous.

Having to deal with someone else’s problem may, and can, cause you more grief and litigation. IMHO, a new, full home inspection should be performed.