A recent case in the Tampa area, in which the seller received a settlement from their insurance company for repair of a sinkhole below their house (shown in the photo above), then made only cosmetic repairs to the home and sold it without telling the buyers about the sinkhole, has resulted in a criminal conviction in Federal Court for wire fraud. While the case highlights the possible legal consequences, it was an unusual situation because the lack of disclosure was so significant and easily proved. Most lawsuits are in civil court, and not that straightforward.

    Disclosure is often complicated by the fact that many sellers do not have first-hand knowledge about defects in a home because they have never occupied it. Banks selling a foreclosure, investors disposing of a rental property, and the children of deceased parents selling their retirement condo to settle the estate are three examples. Also, sometimes people just forget about problems that occurred years ago and are unaware of current defects in their home. For all of these reasons, realtors encourage buyers to get a home inspection.

   Any professional home inspector will tell you that they are not going to find everything that is wrong with a house in a two to three-hour examination. But a home inspection provides the homebuyer with a good understanding of the overall condition of a house, and adds an additional layer of “disclosure” that is a sensible part of due diligence in buying a home.

                     ------------------------------------------------------------

                                        February 2016 UPDATE

    We inspected a home today in a neighborhood known to have  high incidence of foundation problems due underlaying veins of clay soil. The buyer informed us that the seller’s disclosure stated that previous structural settlement/heaving had been repaired, but wanted a careful examination of the house anyway. An itemization of the work, including a diagram with the location of piers and total cost of the project was attached to the disclosure.

    We always do a permit search in the public-access database of the local building department before each home inspection, and found it odd that there was no building permit for the extensive foundation work outlined in the documentation. Also, although there was plenty of cosmetic repair, clear evidence of structural distress was still visible.

    Because of the concerns we raised, the buyer called the foundation repair company after our inspection to figure out what was going on. They advised him that the paperwork he had was only a proposal, and they had never done any work at the home.

                     ------------------------------------------------------------

  To learn more valuable strategies for getting the best possible home inspection, here’s a few of our other blog posts:

  1. How can I make sure I don’t get screwed on my home inspection?

  2. Can I do my own home inspection?

  3. How can homebuyers protect themselves against buying a home over a sinkhole?

  4. What makes a house fail the home inspection?

  5. The seller gave me an old home inspection report from a previous home inspection. Should I use it or get my own inspector?

  6. Why are expired building permits a problem for both the buyer and seller of a home?   

    To read about issues related to homes of particular type or one built in a specific decade, visit one of these blog posts:

  1. What are the common problems to look for when buying a 1950s house?

  2. What are the common problems to look for when buying a 1960s home?

  3. What are the common problems to look for when buying a 1970s house?

  4. What are the common problems to look for when buying a 1980s house?

  5. What are the common problems to look for when buying a 1990s house?

  6. What problems should I look for when buying a country house or rural property?

  7. What problems should I look when when buying a house that has been moved?

  8. What problems should I look for when buying a house that has been vacant or abandoned?

  9. What are the most common problems with older mobile homes?

  10. What should I look for when buying a “flipper” house?

  11. What should I look for when buying a former rental house?

While we hope you find this series of articles about home inspection helpful, they should not be considered an alternative to an actual home inspection by a local inspector. Also, construction standards vary in different parts of the country and it is possible that important issues related to your area may not be covered here.
© McGarry and Madsen Inspection

 

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  1. Should a home inspection scare you?

  2. What is the difference between an appraisal and a home inspection?

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