Who is responsible for hidden defects not detected by a home
inspection company? I was with the inspector while he inspected.
Neither of us noticed that the columns in the front of the house had
rotten wood under nice white paint. A month or so after moving in,
the front porch overhang almost collapsed before we had it braced. I
admit I didn't see it either, but that's not what I do for a living.
If he had poked the base of these columns with a pocket knife (or even
a finger) it would have been evident that the wood was mushy.

In article ,
GWB wrote:

Who is responsible for hidden defects not detected by a home
inspection company? I was with the inspector while he inspected.
Neither of us noticed that the columns in the front of the house had
rotten wood under nice white paint.

Lots of good issues here.

The home inspector has some level of responsibility. However,
their contracts are written such that they are not taking
everything apart, and they cannot always find hidden problems.
You will have to read your contract, and talk with the inspector
to see what they say. You would have to get an attorney to any
further.

If the previous owner knew of the problem, and slapped a fresh
coat of paint on it to cover up the problem, and then did not
disclose the issue, then the seller is fully responsible. Again,
get out the lawyers and go after them.

Finally, you are ultimately responsible. Houses are sold
as-is, so it is your puppy. The only exceptions would be a
new home, or the case where you bought a used home warranty.
Did you get one of these warranties? I don't recommend them
since they are profit centers for the insurance companies.

-john-

--
================================================== ====================
John A. Weeks III 952-432-2708
Newave Communications http://www.johnweeks.com
================================================== ====================

On Mon, 24 Jan 2005 00:44:07 -0600, "John A. Weeks III"
wrote:

In article ,
GWB wrote:

Who is responsible for hidden defects not detected by a home
inspection company? I was with the inspector while he inspected.
Neither of us noticed that the columns in the front of the house had
rotten wood under nice white paint.

Lots of good issues here.

The home inspector has some level of responsibility. However,
their contracts are written such that they are not taking
everything apart, and they cannot always find hidden problems.
You will have to read your contract, and talk with the inspector
to see what they say. You would have to get an attorney to any
further.

If the previous owner knew of the problem, and slapped a fresh
coat of paint on it to cover up the problem, and then did not
disclose the issue, then the seller is fully responsible. Again,
get out the lawyers and go after them.

Finally, you are ultimately responsible. Houses are sold
as-is, so it is your puppy. The only exceptions would be a
new home, or the case where you bought a used home warranty.
Did you get one of these warranties? I don't recommend them
since they are profit centers for the insurance companies.

-john-


We got a warranty, but it only covered appliances. I can't say for
certain that the seller knowingly covered rot with fresh paint, but
the paint looked great until the columns began collapsing in on
themselves. I find it really hard to believe that they didn't know.
I guess we need to talk to a lawyer to see what our options are. I
hate to spend much on this house as our ultimate plan is to tear it
down and build on the lot.

GWB wrote:
We got a warranty, but it only covered appliances. I can't say for
certain that the seller knowingly covered rot with fresh paint, but
the paint looked great until the columns began collapsing in on
themselves. I find it really hard to believe that they didn't know.
I guess we need to talk to a lawyer to see what our options are. I
hate to spend much on this house as our ultimate plan is to tear it
down and build on the lot.

The only ones that will profit from this are the attorneys. Since your plan
is to tear the house down at some point, I'd just move on. Live and learn.

On Mon, 24 Jan 2005 15:40:24 GMT, "Travis Jordan"
wrote:

GWB wrote:
We got a warranty, but it only covered appliances. I can't say for
certain that the seller knowingly covered rot with fresh paint, but
the paint looked great until the columns began collapsing in on
themselves. I find it really hard to believe that they didn't know.
I guess we need to talk to a lawyer to see what our options are. I
hate to spend much on this house as our ultimate plan is to tear it
down and build on the lot.

The only ones that will profit from this are the attorneys. Since your plan
is to tear the house down at some point, I'd just move on. Live and learn.



Except that plan is a few years down the road and the front of the
house is braced with 2x8s so it doesn't collapse and it looks like
****.

"GWB" wrote in message
news
Who is responsible for hidden defects not detected by a home
inspection company? I was with the inspector while he inspected.
Neither of us noticed that the columns in the front of the house had
rotten wood under nice white paint. A month or so after moving in,
the front porch overhang almost collapsed before we had it braced. I
admit I didn't see it either, but that's not what I do for a living.
If he had poked the base of these columns with a pocket knife (or even
a finger) it would have been evident that the wood was mushy.


Ask around. Find neighbors who are not still friendly with the previous
owners. Try to determine if anyone (else) knew about the problem. You may
have a case if you can find a witness.