New Home Inspections

I bought a new home last year and of course I did get it inspected and they didn't find anything major . I've lived in it for almost a year now and the 1 year warranty is almost up. How important is it to get another inspection done before the year is up?
Thanks in advance.
No, there's nothing major wrong as far as I know. The warranty is from the builder and the second inspection will have to be paid by me.

doing another inspection is your choice. i have not known anyone who pays for another inspection after buying a home. if it would give you piece of mind then maybe its worth it to you. since it is a new home, i personally do not see the need for an inspection to be done again unless you are seeing something wrong with the home.

2008-07-08 16:57:12 by jenk

904inspect.com - New Home Inspections Jacksonville FL- Infrared Home Inspection. While doing the inspection on this 5 year old home I noticed that ...

We are about to close on our new home and have our Home Inspector Lined up. Should the inspector finds that the house already has termites or any other, infestation what recourse do we have?

Is it a requirement to have the builder fix the problem before we close? Should we walk away?

Thanks

Why are you specifically concerned with termites? Is there any physical evidence?

New homes in termite prone areas of the country are typically pre-treated for termites during the construction process and this service usually comes with a certificate as well as a warranty. And in new construction the builder typically provides a limited warranty, either directly or though a third-party warranty company.

Most home buyers do not obtain an inspection but there is nothing wrong with doing so. Give your inspector a copy of your purchase contract which should detail the builder's responsibilities and ask the inspector to use that as a guide.

Any major defect, termite infestation or serious non-compliance with both the terms of the purchase contract and the usual and customary practices within the industry should be corrected prior to closing and you should notify the builder of these issues in writing.

However, some purchase agreements for new homes require closing once a certificate of occupancy has been issued so if the builder demands performance, you might be obligated to close. In that case you should try to escrow sufficient funds to cover any necessary repairs. Note that most builders are honest and will make necessary repairs but it would not hurt to go on-line and see is there are any warranty complaints or if any have been filed with the BBB. If so, you may wish to retain an attorney for the closing if you do not already have one.

Also, if you used a real estate broker on your behalf for the purchase, check with them..

2010-11-25 09:42:03 by Here today gone to Maui

Price: $9.95

This was told to me by the builder. I know you have to have the yard seeded in order to close on your home lawn. I did not think this was required for the city to pass the final home inspection. Please help!!

it is part of many building codes, so you should just take the word of your local building official. Loose dirt is too welcoming for termites and creates a hazard for runoff, blowing dust, etc... so even though it just seems like an aesthetic thing, it's actually a necessity for safety and structural soundness, which is why it's included under the auspices of building inspection.

2006-10-15 05:32:39 by Leigh

Price: $49.99

Backed by a two-year warranty
Uses infrared sensors to measure surface temperatures
Plugging leaks can save up to 20 percent on heating and cooling costs

I just purchased my first home 5 months ago. When the people came to do the home inspection they checked the air conditioning and I don’t remember if they checked the heater. I purchased the home in the summer time. Now that its winter I am using the heater and it is leaking very bad and it is causing fumes in my home. Is there anything legally I can do to make the previous homeowners liable for covering the charges for a new oil heater? I called the lawyer I used for my closing and I am waiting for a return phone call.

Its funny how everyone jumps right to the lawsuits...

The sellers ARE liable if they knew and didn't say.
The Inspector IS liable if it was obvious and he didn't catch it. (and the heating system is a MAJOR part of an inspection).
The buyers agent IS liable if he didn't check it out or if he missed a 'red flag'.

There are 3 different stages to this. FIRST, you may have a Home Warranty Policy (common on re-sale homes, good for one year). These are pretty typically provided by sellers and are essentially insurance policies that cover this kind of thing and keep all of us out of court. Give them a call (your agent or atty will have their info) and they will send out a technician right away. It will cost you about $50 for a service call fee. This is not your homeowners policy - it is a separate one year policy.

SECOND - raise hell with your agent. In cases like this the squeaky wheel gets the grease. You do not need an attorney at this point. Give the agent(s) and the seller an opportunity to make this right. Let them deal with the inspector (they always give that limited liability crap, don't believe it). You should be able to get this fixed because it wasn't properly inspected/disclosed.

THIRD - Have your agent set up a mediation. This is better than court for you because it is informal. At this point you should consult an attorney, but 90% settle before this.

Good luck

2007-02-13 10:27:59 by mizzmaya79

I am buying a home 12/27/07. Had the home inspection yesterday. There were some issues with the plumbing (toilet, 1st and 2nd bathroom), dishwasher backed up into the sink, garbage disposal was no good, heating system may possibly need to be replaced.

How do I negotiate this? Do I simply ask for new feature or ask them to bring the price down $5/6000.00?

Please advise.

I recommend that you do what is most preferable to you.

In most cases you will do a better job of the repairs if you order them yourself.

I recommend that you have the house appraised by an appraiser who is a member of The Appraisal Institute (MAI designation) as a second opinion on the fair market value of the house.

If the appraisal is less than the amount that you offered (which it very likely will be) I recommend that you give the seller two choices:

Either

1. Agree to reduce the contact to no more than the fair market value as determined by you appraiser (not the lender's appraiser) less the estimated cost of the repairs. or..

2. Agree to cancel the contract and direct the escrow company to return your deposit to you.

If the agents involved in the transaction tell you that you cannot do that, I recommend that you hire an attorney who specializes in real estate law.

Ask your attorney to send letters to all of the agents involved in the transaction instructing them to:

1. Stop trying to give you legal advice since they are not attorneys licensed to practice law and they are now engaging in activity for which they are not licensed.

2. Educate them on their proper roles and proper behavior that is expected of them in this transaction.

You may show my reply to the agents involved in the transaction. I would be interested to see their response.

Congratulations on your new house!!!!

(edit) I see a number of responses that are not correct.

For example the dishwasher backing up into the sink means that the dishwasher was installed without a code required air gap. Essentially the dishwasher installation does not meet code.

With an air gap if the dishwasher backs up the water will come out of the air gap fitting, it will not back up into the sink.

A plumber will be required to repair and correct the installation and install an air gap so that it does meet code.

Without an air gap if the dsiposal is clogged, raw sewage can flow back into your dishwasher. This is obviously a health hazard. You do not want your dishwasher contaminated with raw sewage.

The heater is a more serious problem. If your heater is gas or oil fired it has a device called a heat exchanger. If that heat exchanger is cracked, even in the slightest, that can cause carbon monoxide to enter your house through the heating system.

Carbon Monoxide is a very dangerous poison. Small amounts can kill you.

When the inspector said the heating system may need to be replaced that usually means that the inspector has doubts about the integrity of the heat exchanger. Small cracks are not always visible to the inspector. If the inspector suspects that the heat exchanger may be cracked that means the heat exchanger is no longer safe.

Usually it is so expensive to replace the heat exchanger, it is more cost effective to replace the entire system.

Merely because the heater still works does not mean that it is safe. If your inspector said the heatiing systme may need to be replaced, that means that the heating sustem MUST BE REPLACED.

Do not rely on a home warranty company to replace the heater after you move in. Most homw warranty companies are worthless.

Home warranties are more of a marketing gimmick for real estate agent rather than protection for you.

Since the inspector has doubts about that heating system I would have it replaced before you move into the house because of the hazard of carbon monoxide from a cracked heat exchanger.

If the seller does not meet your requirements for repairs or reduction in price, I recommend that you cancel your contract and direct the seller to order the escrow company to return your deposit.

In the event that you cancel the contract and the seller refuses to order the title company to return your deposit I recommend that you first have your attorney send the seller a letter outlining the seller's duty to order the escrow company to return your deposit.

If the seller still refuses to order the escrow company to return your deposit, then I recommend that you direct your attorney to take legal action against the seller and all of the agents involved with the transaction for the return of your deposit.

Also direct your attorney to ask for damages against the seller in addition to the deposit to cover your attorney fees and to punish the seller for improperly failing to order the escrow company to return your deposit.

The real estate agent who said you cannot get our of your contract based on the needed repairs is typical of the attitudes that I see among real estate agents.


That is one reason that I use attorneys to educate real estate agents with respect to their duties and legal obligations that they often ignore..

Real estate agents are very poorly trained. All they know is sales and techniques to bluff people.

Real estate agents have no clue what the law really is. They are not licensed to practice law. They do not even have the right to tell you what they think the law is.

You have the right to disapprove those reports and cancel your contract. The seller has the right to make the reapairs, or lower his price to persuade you to stay in contract.

If the agents involved did not provide you with the proper language in your contract to do that, then your agents were negligent in teir representation of you and you need to take legal action aganst your agents to recover your damages for their negligence.

What I see here is precisely the reason that I only hire an attorney who specializes in real estate law to represent me.

Real estate agents are not competent to represent your interests.

I have been doing this for forty years. I have canceled a number of real estate contracts over issues like this. I have always been very aggressive with the seller and the sellers agent about having my deposit returned. I have always managed to get my deposit back when I have canceled a contract over issues such as this. In some cases it did require some effort on the part of my attorney to educate the seller and the agents involved.

If any of the parties, the seller or the seller's agents give you any trouble over this I recommend that you show them my response to your question.

Then I recommend that you hire an attorney who specializes in real estate law and show him all of the responses here and get his reaction to some of the replies, and ask him to start educating the seller and the sellers agents about what their duties and responsibilities really are.

Also, a hint, I have never met a real estate agent. REALTOR or seller who knew how to write an enforceable contract.

If the seller and the agents give you any trouble, I have never met an attorney who specializes in real estate law who could not break a contract written by a real estate agent, REALTOR or seller, because they do not know how to write enforceable contracts to begin with.

2007-11-29 11:22:02 by ★Banäna ፨ Nightmärẹ★™