Home Inspector Statute of Limitations?

[daria26]

What is the name of your state (only U.S. law)? NJ

I have hired an inspector back in 2008 to inspect my condo. Fast forward to a few weeks back, (2014) my tenants (who now live in that condo) stated that the electrical panel has been acting strange and shorted out a few times. When I called an electrical he notified us that the electrical company that installed that penal in the 1980s has been sued out of business for causing house fires. I couldn't believe the home inspector did not even mention it. It would have given me some bargaining power and saved me some money in 2014- $850 to replace the dangerous panel.

My questions are:
1. what is the statute of limitations on home inspection in NJ?
2. any recourse except to complain to the company?

 

[Zigner]

What is the name of your state (only U.S. law)? NJ

I have hired an inspector back in 2008 to inspect my condo. Fast forward to a few weeks back, (2014) my tenants (who now live in that condo) stated that the electrical panel has been acting strange and shorted out a few times. When I called an electrical he notified us that the electrical company that installed that penal in the 1980s has been sued out of business for causing house fires. I couldn't believe the home inspector did not even mention it. It would have given me some bargaining power and saved me some money in 2014- $850 to replace the dangerous panel.

My questions are:
1. what is the statute of limitations on home inspection in NJ?
2. any recourse except to complain to the company?

Why do you believe it was the home inspector's job to mention it?

 

[justalayman]

What is the name of your state (only U.S. law)? NJ

I have hired an inspector back in 2008 to inspect my condo. Fast forward to a few weeks back, (2014) my tenants (who now live in that condo) stated that the electrical panel has been acting strange and shorted out a few times. When I called an electrical he notified us that the electrical company that installed that penal in the 1980s has been sued out of business for causing house fires. I couldn't believe the home inspector did not even mention it. It would have given me some bargaining power and saved me some money in 2014- $850 to replace the dangerous panel.

My questions are:
1. what is the statute of limitations on home inspection in NJ?
2. any recourse except to complain to the company?

first, I wouldn't get too excited even if you had a cause of action. Many inspectors limit their liability to the cost of the inspection.


then, you are talking about 5-6 years here. As long as the panel was if proper functioning condition at the time, then there was nothing to tell you.


but how would the installer be liable for the panel issue?

but even more; how would the inspector know who installed the panel in your home?

Now if you meant the panel manufacturer, by chance was it a Federal Pacific panel possibly of the Stablok model series? While in itself it would not be information that was worth much in negotiations since there has not been a demand that panels of this manufacturer be condemned and presumably yours was working properly at the time, they have been known to be problematic. That is something that is always good info for a home owner.

 

[daria26]

Why do you believe it was the home inspector's job to mention it?

Well, I would think that someone with an expertise in the field would certainly point out a potentially dangerous electric panel, especially if they are hired to perform a thorough inspection of your future home? Why bother hiring home inspectors at all then?

 

[Zigner]

Well, I would think that someone with an expertise in the field would certainly point out a potentially dangerous electric panel, especially if they are hired to perform a thorough inspection of your future home? Why bother hiring home inspectors at all then?

Read your contract with the inspector and you will see that your assumption about their role is incorrect.

 

[justalayman]

Well, I would think that someone with an expertise in the field would certainly point out a potentially dangerous electric panel, especially if they are hired to perform a thorough inspection of your future home? Why bother hiring home inspectors at all then?

again, based on your statement:

When I called an electrical he notified us that the electrical company that installed that penal in the 1980s has been sued out of business for causing house fires.

that speaks to the installer of the panel. An inspector is not going to research who performed work on the property unless specifically requested as part of the hiring contract. Without researching who installed the electrical panel, the inspector is not going to know who installed it. Due to that, the inspector is not going to know if the installer somehow was liable for multiple house fires and as such, of any concern to the inspection.


again, I suspect you are speaking not of the installer but the manufacturer. If so, again, since the specific panel has not been condemned and remains quite acceptable in an existing construct (by building codes everywhere), there was nothing more for the inspector to report to you. He could have provided the information that the panel was of the model that is known to be an issue but again, as long as it was functioning properly at the time, there was no requirement he provide this information to you.

Oh, and on top of everything else, there is likely a statute of limitations that precludes you from taking any legal action against the inspector anyway. I haven't bothered to check since you do not have a valid cause of action otherwise but if you do decide to sue, it is likely to be their first claim of defense.

 

[FlyingRon]

Home inspectors are by and large incompetent as I've learned from all the buying and selling. As pointed out, there obligation pretty much ends at the price of the inspection even if that much. Further, you're likely way past the point of doing anything about it now. Still if we're talking about the FPE panel the inspector should have recognized it just as they should recognize K&T wiring but I've certainly found inspectors who miss both. I've also seen them identify things which are complete chickenpoop, like the one who said the gutters on the house I was selling was full of leaves. I pointed out that it was impossible as it had been fitted with Gutter Helmets and what he was seeing was one or two leaves that had come to rest on the cover. Obviously he hand't looked IN the gutters.

Don't even get me started on roofs. If they can't see it from the street, they don't even bother. At least they usually tell you they didn't bother to check that.

 

[FarmerJ]

If a buyer really wanted a inspector to delve into many many details then I suspect the cost of a home inspection would grow by x4. but even at that a housing inspector may not have any reason to know if a specific brand or model of something in a home had a recall or a safety issue , they are hired to report what they can see , which is why they may note things for example ` basement block walls not visible or indicate that they had not been able to see something because it was covered over. Last did you require in writing your inspector to tell you of any and or all other so called safety recalls for any other items in your house , keep in mind that means cook stove, smoke alarms, furnace , hot water heater, door bell- low voltage transformers , clothes washer -dryer , faucet brands , toilet brands , toilet water control failures reported anywhere, garage door, garbage disposal, de humidifier, attic fans bath & kitchen exhaust fans. ceiling fan brands, other light fixture caused fires - instances of over heating. ( I see it that unless you required this inspector to check on the brands of every mechanical /electrical item in your home for known failures -risk - safety recalls etc then don't expect any kind of recourse.

 

[Just Blue]

Px Hx my be of interest.

 

[justalayman]

Still if we're talking about the FPE panel the inspector should have recognized it just as they should recognize K&T wiring but I've certainly found inspectors who miss both. .

and just like those federal pacific panels, knob and tube wiring is legal in an existing construct as long as it is deemed to still be code compliant (based on time of installation). While the k&t wiring should be noted on an inspection (and many inspection forms I have seen specifically have a place to indicate the type of wiring in place), in itself is not an issue that would allow a legal challenge of an inspector approving the installation. Both concerns are still legally acceptable to leave in place even though it scares the bejesus out of me when I see a Stablok panel in a house knowing what I know about them. Heck, my brother still has one in his house even after I offered to change it out myself, at no cost to him.

 

[FlyingRon]

and just like those federal pacific panels, knob and tube wiring is legal in an existing construct as long as it is deemed to still be code compliant (based on time of installation). While the k&t wiring should be noted on an inspection (and many inspection forms I have seen specifically have a place to indicate the type of wiring in place), in itself is not an issue that would allow a legal challenge of an inspector approving the installation. Both concerns are still legally acceptable to leave in place even though it scares the bejesus out of me when I see a Stablok panel in a house knowing what I know about them. Heck, my brother still has one in his house even after I offered to change it out myself, at no cost to him.

I'm quite aware of that. Intact K&T wiring in free space (i.e., not buried in insulation) is not usually a problem. It's when it's been monkeyed with by people who don't understand it or it's been subsequently buried in insulation that it becomes problematic. The truth of the matter though, it is an issue that should be noted. FPE panels may be currently legal, but they are most definitely problematic. There are a few other panels that can be problematic and really a competent inspector should call out, but again, they typically don't ever have much knowledge other than knowing two lights is the right answer with their silly tester.

 

[justalayman]

but again, they typically don't ever have much knowledge other than knowing two lights is the right answer with their silly tester.

Never have I heard it put so properly.


home inspectors, in my experience, have shown themselves to be closely related to snake oil salesmen. They espouse their services as a means to protect a client when in reality, they offer little more than a review of the conditions, limited to only those blatantly obvious to the blind, from an uneducated perspective causing them to not be able to provide any support for their statements other than; the seminar I attended said that condition was unacceptable. If you really want to know what the problem is, you will need to hire somebody that is actually educated.