home inspector or seller at fault

What is the name of your state? michigan

We are first time home buyers, had an inspection that stated the hot water heater needed a down spout added for hot water release. Gas company came out to turn on the gas and stated the hot water heater was not up to code and needed several things done before the gas would be turned on. Down spout was one of the missing items, the seller never installed one after recieving the inspection report. The seller installed the water heater him self. The home inspector missed the code violations. Who is at fault and who is responsible for paying for the repairs to bring the heater up to code? Thank you.

[FarmerJ]

all it needs is a threaded pipe (3/4 size ) inserted into the safety over flow and threaded in to the valve if it is on the side of tank pipe needs to go down to floor so its only 2 or 3 inches from floor . If you havent closed yet ask the seller to do this ( the pipe shouldnt cost more than 5.00 . )

[HomeGuru]

[quote]Originally posted by jgarciakeener
[b]What is the name of your state? michigan

We are first time home buyers, had an inspection that stated the hot water heater needed a down spout added for hot water release. Gas company came out to turn on the gas and stated the hot water heater was not up to code and needed several things done before the gas would be turned on. Down spout was one of the missing items, the seller never installed one after recieving the inspection report. The seller installed the water heater him self. The home inspector missed the code violations. Who is at fault and who is responsible for paying for the repairs to bring the heater up to code? Thank you.

**A: the Seller is responsible for code compliance AND the inspector should have caught the defects such as the missing overflow pipe of the pressure relief valve.

Thank you for the reply. Does that mean we should go after the seller for cost of repair/ replacement? The inspector we used is part of a larger company and it is stated in the contract that they are not responsible for the system being "up to code". Are we at fault in any way for not making sure the water heater was up to code? What is your suggestion on our next move to have this resolved? Thank you again for your advice.

[HomeGuru]

[quote]Originally posted by jgarciakeener
[b]Thank you for the reply. Does that mean we should go after the seller for cost of repair/ replacement?

**A: yes.
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The inspector we used is part of a larger company and it is stated in the contract that they are not responsible for the system being "up to code".

**A: that is correct. Home inspectors are not responsible for code compliance. And that is the excuse they use to weasel out of their responsibility to inspect properly in accordance with the national home inspection standards of practice.
Specifically, the inspector should have noted the defects without mentioning building code. Good competent inspectors have knowledge of the codes but that is not the basis for their inspections.
Since you have not specified the actual defects, it maybe hard to tell if each one was the responsibility of the inspector.
If the inspector missed things such as improper venting, no downdraft diverter, no gas shut-off, heater sits on the floor in a garage rather than 18 inches above the slab etc.
then although the items are code violations, they must also be inspected and reported per the home inspection standards of practice.

Refer to the American Society of Home Inspectors Standards of Practice [url]www.ashi.com/customers/standards.htm[/url]
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Are we at fault in any way for not making sure the water heater was up to code?
**A: yes. Maybe you could have hired a more competent home inspector.
Also read your contract and seller disclosure statement.
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What is your suggestion on our next move to have this resolved? Thank you again for your advice.

**A: go back to the Seller and the home inspector.

Thank you for the information. The seller disclosure stated the water heater was functional. The items that need repair are as follows; sitting on garage floor, not elevated, missing down spout(this was told to the seller, not fixed), temp. regulator is only functional on very hotest setting(does not click on any lower) there was some reference to this on the home inspection report given to the seller-it needing to be set at the correct temp for safety, and a collar needed at ceiling entry around vent shaft.

We have been informed that correcting all the items would cost as much as a new heater being installed correctly, because of the cost of the thermostat. As you can probably conclude the seller is VERY cheap and we are not likely to be reimbursed for repairs. Do you feel small claims court is an option?
Thank you again. This is a great service you are offering and much appreciated.

[HomeGuru]

[quote]Originally posted by jgarciakeener
[b]Thank you for the information. The seller disclosure stated the water heater was functional. The items that need repair are as follows; sitting on garage floor, not elevated, missing down spout(this was told to the seller, not fixed), temp. regulator is only functional on very hotest setting(does not click on any lower) there was some reference to this on the home inspection report given to the seller-it needing to be set at the correct temp for safety, and a collar needed at ceiling entry around vent shaft.

We have been informed that correcting all the items would cost as much as a new heater being installed correctly, because of the cost of the thermostat. As you can probably conclude the seller is VERY cheap and we are not likely to be reimbursed for repairs. Do you feel small claims court is an option?
Thank you again. This is a great service you are offering and much appreciated.

**A: Small Claims Court is an option and most likely the best.