USR56K
join:2000-05-20
Seattle, WA
clubs:
 ·Charter Pipeline
|  House inspector failed to find major gas leak
Do I have a right to go after my house inspector for $, if he failed to detect/find a major natural gas leak in my newly purchased house?
Last week, I finally signed all the paperwork for my house and got the key. Right away, walking into the empty house there was a very strong gas smell. Had the gas company come out with their sniffing tool. I watched as he went around the house and various parts, it was clicking crazily fast, with no obvious source of the leak. Gas company shut off the line until I can get it fixed.
Today, I had a heating/air company come out and pressure test the 2 lines (one to the fireplace insert and the other to the water heater). The technician stated the fireplace insert isnt even close to code -- gas shutoff is behind the fireplace insert, fittings here hand tight (not the source of the gas leak), wrong gas junctions (or something) used. The long 50' gas line running under the house apparently uses water values for shutoffs and is the major source of the leaks. I watched as he pressurized the capped gas lines and then the needle drop fairly quickly. There was even gas leaks on the outside of the house near the meter (very bubbly soap water). tomorrow, the tech is going to try and tighten the joints on the long 50' gas run and hope it will pass the air pressure test so the gas company will turn it back on. In case it doesn't not pass, then its going to cost me $1000+ for a new line to get installed.
Since my house inspector didn't even say anything was wrong with anything related to the gas lines -- except the area next to the water heater in the garage isn't to code (wires not in conduit for the dryer, improper strapping for water tank, unsafe insulation around water heater, etc) -- do I have the legal right to go after him for $? At least get my worthless inspection fee back and possibly the costs of this gas repair? If I would've known about this gas issue, I would've made the seller reduce the price more to compensate.
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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| reply to USR56K
Re: House inspector failed to find major gas leak
said by USR56K  :do I have the legal right to go after him for $? At least get my worthless inspection fee back and possibly the costs of this gas repair? If I would've known about this gas issue, I would've made the seller reduce the price more to compensate. Most likely no. Any recourse that you might have would be to get back your inspection fee, and even that isn't a guarantee.
Many times inspectors aren't licensed plumbers, gas fitters, electricians, etc so finding out some types of code violations may not happen. I would have expected him to spot an inaccessible shutoff, but not the fittings. He also isn't going to pressure test the gas system and unless he smelled the gas, would not look further into the system.
You however may have grounds for going back to the previous owners. Was it occupied immediately prior to you taking possession? How long had it sat closed prior to your inspection, as well as prior to you taking possession? If they knew about the leak but didn't disclose it, or worse tried to cover it up, then you may have legal rights to go after them. The gas line that definitely wasn't up to code, likely never inspected, and probably didn't have permit(s) pulled may also give you further legal rights. To find out what your options are, talk with your Realtor or a lawyer. |
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SandShark
So it goes
Premium,MVM
join:2000-05-23
Santa Fe, TX
clubs:
 ·Verizon Online DSL
| reply to USR56K
My question would be was the gas even on when he did the inspection? If so, and with the leaks being so bad, why didn't someone notice the gas smell then? Also, were you there when the inspection was being performed? When you say, "go after my house inspector", I assume you mean through small claims court. Sure, you can go after him, but it doesn't mean you'll prevail. |
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Shark_615
join:2006-01-17
Pickering, ON | reply to USR56K
Did you walk around with the inspector? Did you smell gas then? |
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gregz
join:2009-10-01
1 edit | reply to USR56K
If the gas was shut off, or building open (windows, doors), then the inspector would not have noticed any problems. Now, if they did not not the wrong valves, loose fittings (place hand on fitting and try to turn, but liability means just visual). The inspector is a 3rd party opinion, not someone that you can go after. Now, depending on your state, you can go after the seller to pay for costs to fix the problems, but check with a lawyer first.
Should add, read »inspectorsjournal.com/forum/topi···ID=10530 it makes for an interesting perspective, as to why Home Inspectors cannot be sued for their opinion. |
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psafux
Got Grep?
VIP
join:2005-11-10 | reply to USR56K
an attorney in your area should be able to tell you
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dgilbert
Good Bye My Friend
Premium,MVM
join:2002-06-15
none
clubs:
| reply to USR56K
a home inspector can only tell you what they saw that was wrong at the time of inspection. they cannot inspect for code violations UNLESS they are licensed for those codes(electrical/plumbing/hvac/etc), they can however say that you don't have GFCI outlets in X ares or you have a major water leak in the bathroom. if the gas line was not leaking at the time he was there, either because the leak had not occured yet or the gas was off due to teh previous owner hiding the leak/already disconnecting service, then the inspector is most likely in no way responsible.
i don't know about your area, but here they inspect ONLY what is open and visible. won't even move a recliner to plug their little outlet tester in behind it.
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Lack of Preparation on YOUR Part does NOT Constitute an Emergency on Mine! |
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cowspotter
join:2000-09-11
Ashburn, VA
| I find it interesting that the gas was turned on and ran without the gas company noticing. When I bought my house the gas was shut off so I called to have it turned back on. They came out, turned on the gas, then went to each individual gas appliance to ensure the gas was on and that there were no leaks. With the number of leaks you're finding they should have noticed very quickly.
Perhaps Washington Gas does things different.... |
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nonymous
join:2003-09-08
Glendale, AZ
| reply to USR56K
I have not priced gas line recently. I am just wondering about $20 dollars a foot install for 50 feet. How is it run. Plus why all the connections in the first place. Would think could get a longer piece in with no joints. Someone more familiar with gas may be able to answer me. Thanks, |
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r81984
Thread is
Premium
join:2001-11-14
St John'S, NL
 ·magicjack.com
·Cox HSI
·Insight Communicat..
·AT&T Midwest
| reply to USR56K
With the home inspector you get what you pay for.
When I buy a home I will pay for a real inspector.
Someone like Mike Holmes: »www.hgtv.ca/holmesinspection/
The sad part is this goes back to the disclosure form which probably says as-is all over it so you can't go back to the people who sold it.
And the inspector would have a clause in their contract saying they cannot catch everything and are not responsible for issues they miss.
You will have to pay for it all out of your pocket.
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NICK ADSL UK
Premium,MVM
join:2004-02-22 | reply to USR56K
in a brand new home in the UK you most certainly are covered if second hand you are only covered if you have employed the services of a structural surveyor only |
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KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
·AT&T Yahoo
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| reply to USR56K
You're learning what I learned. House inspections often aren't really very useful. They miss major issues, and aren't liable for what they miss. My understanding is their max liability is the amount of their fee--- and you'd have to sue them for that, apparently.
I'm my case the inspector missed expensive issues that were obvious or should of been to him.
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USR56K
join:2000-05-20
Seattle, WA
clubs:
·Charter Pipeline
| reply to SandShark
said by SandShark :My question would be was the gas even on when he did the inspection? If so, and with the leaks being so bad, why didn't someone notice the gas smell then? Also, were you there when the inspection was being performed? When you say, "go after my house inspector", I assume you mean through small claims court. Sure, you can go after him, but it doesn't mean you'll prevail. Yes, the gas has always been on to the house. I thought I noticed a gas smell when I first saw the house like 2 months ago... yes, was present for part of the inspection. I was told it was at 2pm and showed up then. I found my realtor there inside with the doors open, who stated the inspector had already been there for an hour outside looking over things. Of course by that time, I did not smell any gas inside.
Right, small claims court.
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Ken
Premium,MVM
join:2003-06-16
Brownsburg, IN
1 edit | reply to USR56K
Usually home inspectors make you sign a contract that says they basically aren't liable for anything. Also in some states home inspectors are required to have any special licensing or training. So you generally have no recourse against the home inspector.
Edit: I'm also curious about what type of shutoffs were used. I noticed they found the type used for water, and I'm wondering what that really means. Usually the nice brass or bronze ball valves that cost $8+ apiece are rated for water and gas. |
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motoracer
join:2003-09-15
Valencia, CA
·VOIPo
·AT&T DSL Service
| reply to USR56K
said by USR56K :said by SandShark :My question would be was the gas even on when he did the inspection? If so, and with the leaks being so bad, why didn't someone notice the gas smell then? Also, were you there when the inspection was being performed? When you say, "go after my house inspector", I assume you mean through small claims court. Sure, you can go after him, but it doesn't mean you'll prevail. Yes, the gas has always been on to the house. I thought I noticed a gas smell when I first saw the house like 2 months ago... yes, was present for part of the inspection. I was told it was at 2pm and showed up then. I found my realtor there inside with the doors open, who stated the inspector had already been there for an hour outside looking over things. Of course by that time, I did not smell any gas inside. Right, small claims court. My parents used to be home inspectors for years (they were very good at what they did too). They always had some people going after them in small claims for some reason or another - not once did my parents lose the case. Don't waste your time, you'd just be pissing in the wind. |
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Nick_L
Premium
join:2003-01-22
Pittsburgh, PA
| said by motoracer :said by USR56K :said by SandShark : When you say, "go after my house inspector", I assume you mean through small claims court. Sure, you can go after him, but it doesn't mean you'll prevail. Right, small claims court. My parents used to be home inspectors for years (they were very good at what they did too). They always had some people going after them in small claims for some reason or another - not once did my parents lose the case. Don't waste your time, you'd just be pissing in the wind. I have three different friends in the home inspection business, in different parts of the country. They have all told me, on different occasions, that the home inspection business is one of the most litigated businesses in this country (I was briefly thinking about it as a side career). Homeowners always want to assign blame to someone when their dream home shows itself to be slightly more tarnished than they thought.
The thing to remember though, is that home inspection is big business. There are national associations, schools, certifications, etc. in most parts of the country. The contract you signed with the inspector wasnt written by some small cheese law clerk, there was real law muscle behind it.
Nick
By the way, the other thing I was told is that, nationally, the courts find in favor of the Home Inspectors 97% of the time. Your odds of getting a judgement in your favor are not good. |
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whiteyonenh
join:2004-08-09
Keene, NH
clubs:
·RoadRunner Cable
| reply to USR56K
said by USR56K :Yes, the gas has always been on to the house. I thought I noticed a gas smell when I first saw the house like 2 months ago... yes, was present for part of the inspection. I was told it was at 2pm and showed up then. I found my realtor there inside with the doors open, who stated the inspector had already been there for an hour outside looking over things. Of course by that time, I did not smell any gas inside. Right, small claims court. I wonder if the Realtor knew about the gas leak and was trying to cover it up to get the commission? |
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USR56K
join:2000-05-20
Seattle, WA
clubs:
·Charter Pipeline
| I'll try to get pictures of the incorrect shut off valves today. The heating/air company is there right now trying to tighten the 50' line under the house so it'll pass the air leak test.
said by whiteyonenh :I wonder if the Realtor knew about the gas leak and was trying to cover it up to get the commission? They both did happen to be Windermere realtor agents...
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If it's not on Google, then it doesn't exist.
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Toadman
How do you like these Apples
join:2001-11-28
Medina, OH
| reply to whiteyonenh
said by whiteyonenh :said by USR56K :Yes, the gas has always been on to the house. I thought I noticed a gas smell when I first saw the house like 2 months ago... yes, was present for part of the inspection. I was told it was at 2pm and showed up then. I found my realtor there inside with the doors open, who stated the inspector had already been there for an hour outside looking over things. Of course by that time, I did not smell any gas inside. Right, small claims court. I wonder if the Realtor knew about the gas leak and was trying to cover it up to get the commission? Why would "his" realitor cover it up? Wouldn't it be more probable that the listing "selling" agent would be? Also, give me a break, most relators are female and don't understand what a gas leak would be.
I have also said multiple times on this forum that home inspectors are worthless. Why have someone look at your house when you agree in writing prior to them looking at it that they are not responsible for what they find, and better yet, what they don't find. When you take him to court, all he will say is that it was a hidden defect and that he is not responsible for something he can't see. |
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