Homie! I'm actually asking a question!

[LegalBeagle]

Dear Homie..

Being lazy and asking my wise experienced friend than search for the answers myself..

A friend of mine has discovered water damage on his sub flooring and also the main beam that sits on top of the concrete blocks (parallel to rear wall). It appears that the deck was built the same level as the rear door and attached to the house without flashing (I think we can assume that there is no permit for this work). This was done by the previous owner.

A house inspection prior to closing (18 months ago, home is in VA) found minor rot on a beam in the same area. This was fixed by the previous owner (new support added).

The questions:

1. After 18 months, does he have any recourse against the previous owner for lack of a permit?

2. Does he have any recourse against the home inspection company for failing to point out the lack of flashing considering the deck is attached directly to the home?

3. Is the lack of flashing even a consideration during a home inspection?

Thanks dude..
LB.

 

[HomeGuru]

Dear Homie..

Being lazy and asking my wise experienced friend than search for the answers myself..

**A: My good friend LB, great to hear from you after that long siesta. It would be my pleasure to help you, you lazy dog.
***********

A friend of mine has discovered water damage on his sub flooring and also the main beam that sits on top of the concrete blocks (parallel to rear wall). It appears that the deck was built the same level as the rear door and attached to the house without flashing (I think we can assume that there is no permit for this work). This was done by the previous owner.

A house inspection prior to closing (18 months ago, home is in VA) found minor rot on a beam in the same area. This was fixed by the previous owner (new support added).

The questions:

1. After 18 months, does he have any recourse against the previous owner for lack of a permit?

**A: not really. He could claim non disclosure mispresentation of a material fact by ommission, but courts have ruled lately that a claim brought forth by the Buyer against the Seller with respect to public records available should be stricken. The basis would be based on the fact that in this case, the issue of the non permit for the deck was available through a public record search and/or communication with the AHJ [authority having jurisdiction] (local Building department) through proper due diligence. In simple terms, if the Buyer did not bother to check with the building department to see if there were permits for all improvements before closing, that's the Buyer's fault for improper due diligence more than the Seller's liability for non disclosure. The rot and the requisite remedial work should have been disclosed by the Seller.
*************
2. Does he have any recourse against the home inspection company for failing to point out the lack of flashing considering the deck is attached directly to the home?

**A: yes, but review the inspection agreement for limits of liability, time factor, if the inspector has E&O insurance etc. Many inspection contracts have a limit of liabilty up to only the inspection fee paid, some have a 30 day window for any claims made, some reports actually have a disclaimer that states if the item is not reported in the home inspection, then it was not inspected etc.
**************
3. Is the lack of flashing even a consideration during a home inspection?

**A: yes. In cases such as this one, flashing should have been inspected. Review the ASHI Standards of Practice www.ashi.com
For investigation of further proof that flashing would be required, review the plans and specifications, building code and deck construction industry standards, talk to a residential architect, structural enginer and/or general building contractor etc.

**********

Thanks dude..
LB.

**A: anytime, my friend and good luck.

 

[LegalBeagle]

.. it is the time factor that I believe is going to bite him. I will read over his contract... I believe it was www.usinspect.com that did the inspection.

Thanks TopDog..

 

[HomeGuru]

Let me know if you need any other info.

HG