Home inspectors - Are they suppose to catch city code violations? (Fort Lauderdale: real estate, HOA)

[Salem Aathur]

We recently moved to FL and just bought a house in Weston. We already realised our realtor cheated us big time, by "working" with other realtors. She pushed us into this deal by saying the other house we really like is "under contract" and this is the only option we have etc. After we signed the contract for this house we came to know that the house we really wanted was still available. Coincidently the owners of the house we bought are also realtors. So we suspect they "worked" it out.
It has been 5 months now and we realize that the home inspection was not done properly too. The realtor brought the home inspector (it was a mistake from our side to allow accept her recommendation on this). The house has mismatched A/C unit, new condensor outside (the previous owners changed it right before they put it in the market) and a very old airhandler inside. As I am getting quotes from different A/C companies to change the air handler, I am being told that the configuration we have now is breaking the city code and we need to change the whole system(the brand new system outside and the condensor inside). We feel the home inspectors cheated by not telling us that the house had something that is violating the city code. The previous owner(who is a realtor too) is working in a reputed construction company too. So there is no way he didn't know that either. What is the best way to make a complaint about this. Especially the Home inspection company?

[Dragonmam]

As far as I know, it is not a code violation to have a mismatched air handler and condenser, it's just not as efficient. Weston may be different, perhaps they have environmental guidelines since they are a newer city. Most A/C companies do want you to change out both at the same time, thoguh, because of warranty issues.

If it is a code violation, then it should have been picked up in the permit process, and the plans would have been denied or it should have failed the final inspection. Chances are they didn't pull a permit. You might be able to check online. Go to the city's website, look under Building Code Services and follow the instructions at the Online Building and Permitting button. I would actually go ahead and find out about all permits ever pulled (or not pulled) on the property. For example, if the ever did extensive repairs to the roof (like after Hurricane Wilma in 2005), over a certain monetary threshold requires a permit. I think it's around $800. Or, another big one is remodeling the bath - if they retiled the shower, a permit is required.

I think if I were you, I would consult a real estate attorney (outside of Weston since you suspect some collusion) and ask them if you have recourse against the inspector for failing to research the permit history or catch the code violation (if it exists) or the seller. In Florida, I believe the seller has a duty to disclose known but hidden defects and make a statement about building permits. Bring your contract, the inspector's report and the permits you find and have the attorney look it over. You may be able to go after the inspector and/or buyer for the cost of obtaining the necessary permit which might happen to be replacing the entire unit to be in compliance with code. You could probaly do this in small claims court after a consultation with an attorney.

In the meantime get at least three quotes from different reputable A/C companies and make sure they include the cost of permitting in the quote. Walk away from any company that doesn't want to pull a permit. Permits are not that expensive and fairly routine for reputable companies. Not being willing to get one likely means they are not properly licensed, insured, or planning to do a good job. Also, if they mention doing a 'load calculation" that is a very good sign. It is the proper way to determine the size you need and replace a/c. The wrong way is to simply look at what you have now and quote a price for a new unit the same size.

[Salem Aathur]

Thank you so much for your reply. I will contact an attorney.

[harry chickpea]

I am SOOO glad to be away from BS like this.

First, Weston is a new community, and the chances of a "very old" interior air handler inside is slim compared to other areas of South Florida. Older than the coil, yes, old enough to require replacement as a matter of course, unlikely.
Second, an outside coil replacement is not a "violation". It is a somewhat common "repair" or "replacement". I'd be suspicious of metal thieves, but compressors do go bad.
Third, the rush to attorneys for what ultimately are trivialities and lack of due diligence on the part of buyer has got to be more common in south Florida than anywhere else in the country.
Fourth, the negative energy of such attitudes makes life in the area miserable for everyone and attracts hurricanes...

[wizrap]

The Bonaventure section of Weston was built in the late 70's, and throughout the 80's I believe -- I don't know if the OP bought in the Bonaventure section of Weston and if that would explain the A/C "code violation." I have dealt with the Code department in Weston and I would suggest that the OP contact the city to verify that it is a code violation (if they haven't already). Bonaventure voted to become part of Weston in the late 90's, when Weston residents voted to officially incorporate as a city, rather than remain a part of unincorporated Fort Lauderdale. I do not pretend to know all there is about Weston codes, but perhaps there was some type of "grandfather provision" when these older residences became part of the city.

Each time we have had work on our house, and that includes new A/C, roof repairs, fencing, etc., we have found each person we've dealt with to explain what needs to be done as per city code and the process to pull permits -- in some cases we even have to go thru our HOA for approval (changing the color of the house exterior, for example) and I guess we've been lucky but everyone we've worked with has been careful about having approvals by the city/hoa as required. I understand the code department in Weston can be slow at times before giving approval but I guess that is how it goes.

Good luck to the OP -- when we replaced our A/C is was well worth it in terms of efficiency and cost -- our bills dropped anywhere between $100 to $150 a month and the change was well worth the cost financially.

[goldcoastschoolsjenn]

Good luck, and what a pain to deal with this. You should contact an attorney in order to see what legal actions you have against the other party(ies). If you need a specific recommendation I have a great real estate attorney in Weston. Just shoot me a message if interested!

Best,
Jenn

[LA33301]

Ignorance of the Law is No Excuse. Sorry, but you made huge errors most folks would never make.

[alsidw]

I am shopping for a house and would appreciate any help I can get. What are the does and don't. The scenario scares me as I had a negative experience when I sold my house in New Orleans and was taken advantage of by the agent.
Help please on: inspections, agent choice, who to trust, getting a Real Estate Attorney to supervise the transaction. I know the selling agent is not working for me but what else should I beware of??

[LA33301]

hire an attorney. why would you ask strangers on the internet about making the biggest decision of your life? buying a home. with respect, you sound cheap, a Miser

[Jim_Miller]

Originally Posted by Salem Aathur

We recently moved to FL...

Your first mistake.

Originally Posted by Salem Aathur

and just bought a house in Weston.

Strike two.

Originally Posted by Salem Aathur

The previous owner(who is a realtor too) is working in a reputed construction company too.

No such thing here.