Should I Hire a Home Inspector Before I Buy?

Pete Mackey
Attorney
(866) 735-1102 Ext 675
Posted by Pete MackeyJune 18, 2008 6:59 AM

Whenyou made a offer on your new home, your realtor no doubt pointed out that you could make your offersubject to a home inspection.  Thatway, if you found something that you did not like, you had a basis forwithdrawing your offer and getting out of the contract.  Is it a good idea to make your offercontingent on such an inspection? Absolutely.  Is it a good idea to head to the yellow pages and hire anhome inspector?  Maybe not.

 

InAlabama, a person can be licensed by the State as a home inspector with verylittle experience.  Someone with noconstruction experience whatsoever can take a two week course, inspect homesfor a year and be “certified” as a licensed home inspector.  Would you hire someone to build yourhouse with these type qualifications? Of course not.  That is notto say that there are not a lot of qualified home inspectors who do qualitywork.  The point is, it is not hardto become licensed in Alabama without the requisite experience to do a homeinspection that is envisioned by the new purchaser.

 

Moreover,Alabama has adopted the ASHI standards of practice as the “standard of care”that a home inspector must meet in any given inspection.  When you study those standards ofpractice, you realize that you are not getting a whole lot of bank for yourinspection buck.  Not only that,but the things that ASHI DOES not require can give you pause.  For instance, an ASHI certifiedinspector is not required to offer an opinion as to the adequacy of anystructural system or component. 

 

Youmight respond, "that is exactly the type of thing that I was hoping my inspectorwould."  We agree with you.  We thinkthat someone who inspects your home should tell youit is sound.  In our opinion, thesafest course of action for a prospective homeowner is to hire a professionalengineer or experienced home builder/remodeler to do an inspection - someone who is both qualified and willing to provide these types of opinions.  When you hire such a person, look atthe contract.  READ ITCAREFULLY.  Is there an arbitrationclause? Are you willing to give up your right to a trial by jury if you laterdiscover substantial problems with your home that should have been revealed bythe inspection?  What exactly isthe inspector agreeing to provide? You may spend a few hundred dollars more on the front end, but it couldturn out to be well worth it at the back end.

2 Comments

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Cindy
Posted by Cindy
June 18, 2008 7:32 PM

I'm with a consumer org that also opposes those pre-dispute mandatory arbitration clauses in contracts. Other places you'll find them in real estate is a builder's purchase agreement, and those 10 year home warranty policies that builders often offer. The policy arrives AFTER closing so few home buyers realize what's in it until too late. Some real estate agents use the arbitration clause too. If you're not willing to walk if they don't strike the clause you can find yourself giving up important rights and leverage. These companies have little motivation to fix expensive mistakes or pay damages in settlements, if they know holding out for mandatory arbitration will likely go their way.

Rob
Posted by Rob
June 19, 2008 7:39 PM

Your advice is exceptionally bad. Engineers who offer home inspections have the same disclaimers and limits of liability as anyone else, and they typically charge considerably more than professional inspectors.

Many home buyers will very likely be unable to afford an inspection by an engineer, and if they take your advice to avoid a home inspector, they will go without an inspection altogether. If they are foolish enough to take your advice and hire a builder to do an inspection, they are likely to find that even IF the builder has E&O, it will not cover him when he does work beyond the scope of his contractors license.

How many builders ... or engineers ... know the problems associated with a Lennox Pulse furnace, or PlexVent vent piping, or Whirlpool XC-series microwave ovens, or polybutylene distribution piping, or FPE electrical panels, or pre-2004 Square D AFCI breakers? Precious few, I would guess. How many builders or engineers know what happens when a water heater is orphaned? Not many.

Here's some good advice, and I didn't even go to law school: Don't hire a builder or an engineer or an inexperienced home inspector when you need a home inspection. Hire an experienced home inspector after you have reviewed a few of his reports. You will be well-served, the inspector will be well-compensated, and nobody will need an attorney.

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