How to deal with buyer regarding water heater bracing in CA (plumber, documentation)
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My question is for California real estate agents or people who have sold a home in California where a buyer's inspector erroneously indicated the bracing of the water heater wasn't to code.
This is related to a condo I am selling. The buyer's inspector indicated the water heater bracing does not meet requirements. My own inspector indicated the bracing was adequate in 2010. (I reviewed requirements and there was no change from 2010 to 2014.)
I've read 2013 California plumbing code 507.2 (which is the same as 2010 CPC 508.2), Health and Safety Code 19210 & 19211, and the "Guidelines for Earthquake Bracing of Residential Water Heaters" provided by the state architect. All of which indicate that the bracing meets the requirements.
I've spoken with a city building official who said all that's required what's in CPC 507.2 and that the inspector's opinion is not necessarily the law.
After reviewing the requirements and talking to someone with expertise on codes, I'm satisfied that the bracing meets requirements.
In the request for repairs, I agreed that I would fix the bracing. Since it doesn't need fixed, what do I need to provide my buyer regarding that repair item? My agent says we'll show them those codes and ask them to agree.
Is there anything more you as a real estate agent would do or you as a seller have had to do in the past?
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For reference:
CPC 507.2 Protection from Seismic Damage. Water heaters shall
be anchored or strapped to resist horizontal displacement due
to earthquake motion. Strapping shall be at points within the
upper one third and lower one-third of its vertical dimensions.
At the lower point, a minimum distance of four (4)
inches (102 mm) shall be maintained above the controls with
the strapping.
You have two choices. (1) Prove to your buyer that the water heater strapping meets code. (2) Accept in your BINSR that you will pay for any upgrades.
Come on, this is like $100 maximum? You are selling a house and quibbling about less than $100?
Get their estimate on upgrade and if it's $100 or less, give them a seller credit and get on with your deal. You don't want to ruin a deal for $100.
Even better, play hard ball. Get in your own water heater strapper and have him strap it to code, and tell your seller you fixed it and they are welcome to re-inspect it (at an additional $100 re-inspection charge). If you can get a licensed contractor to strap it to meet code and certify it, supply the document to your buyer in your BINSR response, and tell them you have taken care of it and you are willing to allow them to reinspect (and cost them $100 inspection fee).
This looks to me like a battle of quien es mas estupido? ("who is more stupid?"). Don't ruin your sale. Just get a licensed contractor in to either strap it or certify that it meets code. Send the documentation to your buyer attached to your BINSR.
Usually a water heater replacement requires pulling a permit from the city. Do you have that permit?
Or
You can simply call a LICENSED plumber pay him 120 bucks to strap the heater. Then have him write it on a receipt heater strapped to x plumbing and building code using strap kit bla bla bla. This would be such a non issue for me.
I can't believe this is a post worthy issue. Is $50 gonna be a deal breaker for you or the buyer? Tell the buyer he/ she has to absorb the cost or the deal is off.
I can't believe this is a post worthy issue. Is $50 gonna be a deal breaker for you or the buyer? Tell the buyer he/ she has to absorb the cost or the deal is off.
Over $50-$120? You can't be serious. That would be the stupidest thing either from the seller or buyers corner. But I'm sure some deals fell apart over such situation. There is no way in hell I would let $1000 stand in the way of a house sale or purchase.
By the way I am using the term BINSR to refer to the whole process where buyer and seller agree to repair or not repair flaws in the property, and how they negotiate what terms the deal will be made.
"Residential Buyer's Inspection Notice and Seller's Response" = BINSR
I presume they can go on to part two etc. or maybe Realtors cover that with Counter Offers. In any case my BINSRs were agreed to or in the case of the short sale "as is" my acceptance of the BINSR was de rigueur.
I can't believe this is a post worthy issue. Is $50 gonna be a deal breaker for you or the buyer? Tell the buyer he/ she has to absorb the cost or the deal is off.
Ruin a deal for $50??? Surely you jest. If not, poor advice.
Get a licensed contractor to inspect it a put in writing that it is up to code. Have your agent provide that to the buyer.
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