upgrades that should have been done.........

[Shablin]

zoning upgrades that should have been done............

Pennsylvania - We bought our first home 3&1/2 years ago. We are now selling that home with the same realator. We had our home inspection and were told that we needed to upgrade our electrical service to 100 amps (from 60), put in circiut breakers, and install GFIC outlets in the kitchen - atleast $1700. When we questioned this, we found out that these requirements were in effect for more than
10 years. Review of our records shows that our property passed inspection 10/97. Listed violations at that time included installing GFIC outlet in the bathroom & covering an opening on the fuse box. Do we have any legal recourse? These violations are easily seen!

[Edited by Shablin on 06-22-2001 at 07:35 PM]

 

[HomeGuru]

When you bought 3.5 years ago, did you have a home inspection? If so what were the results?

 

[Shablin]

We did not have a home inspection. The township building inspector performs this required inspection for a fee paid by the seller. (Curiously, the MLS sheet listed the house as 100 amps!)

 

[HomeGuru]

Then you have little or no recourse. A municipal inspection is not the same as a home inspection. In addition, the inspection that you got should have uncovered the "amps" issue.
The NEC (National Electrical Code) changes every 3 years so what may not have been required when the home was built may be required now on a new home but not on an older home.
The bottomline is that when you bought the home, you should have caught these items via your home inspector, and required the Seller to fix.
I can tell you for a fact that the information on MLS sheets are not guaranteed.
Just ask any real estate agent of the MLS provider.

 

[Shablin]

Is the township at all liable? Our only point (and I don't know how strong it is) is that these violations are clearly visible and the inspector is authorized and paid by the township. We checked & these requirements were in place at that time. The township's own disclaimer only states that they are not responsible for "hidden violations" - which these are not.

 

[HomeGuru]

Sure you can hold them liable but will they accept liability, that is the question.
Usually AHJ (Authority Having Jurisdiction) are immune from civil liabilty unless due to gross negligence.
Good luck.