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Hello all-
I am trying to find the regulations regarding home inspectors in Texas. We are having some problems with our home that should have been caught during inspection, but weren't. I'm looking for the statute of limitations, too.
Home Inspectors are licensed and regulated by TREC (Texas Real Estate Commission). They have a complaint process and a fund from which settlements are paid to the public in cases of substantial public harm. But it's a long process and you have to have more than simple gripes. You can find the governing rules for inspections at the link below: http://www.trec.state.tx.us/inspecto...inspectors.asp
What are some of the things you think the inspector missed?
What were the specific comments on the inspection report about those things?
Also, most inspectors have contracts that state what they do and don't inspect. For example, the inspector is not going to test every single plug socket in the home, but will test a "sample" of outlets. If you find a bad one later, that's not something you can blame on the inspector.
That said, they do miss things that should have been reported, so I'm not saying you don't have a legitimate set of issues, but I'd have to know more before I could comment further.
Home Inspectors are licensed and regulated by TREC (Texas Real Estate Commission). They have a complaint process and a fund from which settlements are paid to the public in cases of substantial public harm. But it's a long process and you have to have more than simple gripes. You can find the governing rules for inspections at the link below: TREC - Rules Governing Inspectors
What are some of the things you think the inspector missed?
What were the specific comments on the inspection report about those things?
Also, most inspectors have contracts that state what they do and don't inspect. For example, the inspector is not going to test every single plug socket in the home, but will test a "sample" of outlets. If you find a bad one later, that's not something you can blame on the inspector.
That said, they do miss things that should have been reported, so I'm not saying you don't have a legitimate set of issues, but I'd have to know more before I could comment further.
Steve
The recovery fund described above generally is only available if you win a lawsuit against an Inspector, or RE Agent/Broker and they are unable to pay on the judgment. At that point you can make a claim to the recovery fund and after they review it, which could take some time, then TREC will decide whether to pay out on it or not.
The technique described above with electrical outlets is termed "Representative Sampling". This techniques has never been an accepted practice among good Inspectors as it can lead to missing issues, and even signs of larger issues, in a home. This was at one point inferred as acceptable in the old Standards of Practice (SOP) which are the TREC rules for Inspectors. However, even they have determined it is not an acceptable practice and created a major revision in the SOP, effective 1 September 2008, that removed any language inferring it was allowed.
That same SOP revision clamped down on Inspectors who tried to use any reason they could get away with to perform less than an acceptable, "minimal" (as defined by TREC), inspection. One example was for the Inspector that would not climb on and walk a roof for an inspection. The old SOP allowed inspecting the roof from the eave with a ladder. Even in the old SOP version they inferred it was acceptable to do this at representative areas. The new SOP requires that an Inspector do one of the following for the roof inspection:
If the Inspector does not walk roofs as part of their inspection then they must notify the consumer at the first contact. That is generally when you (the consumer) call to book the inspection. You can then decide not to use the inspector and go to another.
The Inspector must walk every accessible plane of the roof for the inspection. If they are unable to walk all planes of the roof then they must provide a valid reason why in the report.
If the Inspector arrives on site, has not previously advised the consumer they are not going to walk the roof, and chooses not to walk the roof then they must notify the consumer as soon as practical of this. If they issue a report (the inspection was not canceled) then they must explain in the report why they did not access the roof for a full walk and inspection.
The SOP does allow for a deviation, or as TREC termed it a "departure" from the SOP requirements. If your Inspector departed from the SOP by placing the wording in the contract then it must be clear what they are departing from. Generalized statements that do not identify the departure are not typically considered acceptable. For example if the Inspector stated that they will use "Representative Sampling Techniques" in the inspection, but do not state for what areas, then the statement is potentially misleading and might not be considered acceptable.
The roof example above, as well as the "Representative Sampling" discussion, are just some of the many changes to the SOP as of 1 September 2008. The changes were made to prevent Inspectors from taking advantage of consumers who were not aware of the rules and laws.
Keep in mind that you probably signed a waiver stating something about the inspection is for that day only and that the inspector is only doing a "visual" inspection. They are not licensed electricians. They are not licensed plumbers. They are not licensed specialists. They are visual inspectors and inspect the things that are readily apparent within the house.
Keep in mind that you probably signed a waiver stating something about the inspection is for that day only and that the inspector is only doing a "visual" inspection. They are not licensed electricians. They are not licensed plumbers. They are not licensed specialists.They are visual inspectors and inspect the things that are readily apparent within the house.
Yes Inspectors are only required to report on the conditions of the home on the day of the inspection. They are not required to "Guess" what might happen in the future. The SOP and laws provide a "Minimum" set of standards and responsibilities that Inspectors must follow. However that does not prevent an Inspector from exceeding these minimum requirements. It also does not prevent an Inspector from advising a client of a condition(s) that are conducive to further damage, and indication of other potential and hidden damage (latent damage), as well as any other conditions that a consumer should be aware of. A very good example of this is the presence of Federal Pacific Electric breaker panels. The panel itself might appear to be properly functioning with only minor visual issues. The real problems with these panels are the latent problems that have been experienced and reported over the years. The Dallas Morning News had a recent article about these that can be found at Experts say electrical panels may be a fire waiting to happen | News for Dallas, Texas | Dallas Morning News | Headline | National News. This is one of those examples where an Inspector can exceed the Texas State required "minimum" reporting criteria. Even though the panel looks O.K., and currently functions, it is a potential problem that only a licensed Electrician can verify through shutting down the panel, pulling breakers and checking them. An Inspector can then recommend further evaluations to protect the consumers' interests before they purchase that home.
As for signing a waiver in a contract, that waiver can potentially be struck down by any court if it is determined the consumer did not fully understand what they are signing, were under stress or possible duress, or a variety of other situations against the consumers benefit. Attempts at forcing a consumer to waive rights they are not even aware of is generally frowned upon. If you read enough contracts (Inspectors as well as just about any other service or product provider) many will have a statement, or something similar, to the following:
Should any court of competent jurisdiction declare any term, provision, covenant or condition of this contract invalid, void or unenforceable,
the remainder of the terms, provisions, covenants or conditions shall remain in full force and affect and shall in no way be affected, impaired or
invalidated.
This is added in many contracts to protect the service or product provider. Situations, laws, conditions can change faster than a standard contract by a service or product supplier. If a particular part of a contract is not enforceable then this statement, agreed to by the consumer, is to help protect the rights of the service/product provider to the remaining conditions of the contract.
As for the fact of licensing we are indeed "licensed specialists". We are licensed as specialists in the inspection of properties. Electricians are trained and licensed to install, inspect, evaluate, and repair only the electrical system on that property, Plumbers the plumbing system, etc. Professional Inspectors are licensed and specialize in a "Whole Home Inspection" (or other type property). Under the laws of Texas, Licensed Inspectors are only one of few groups who can legally perform a whole inspection for for the sale or purchase of real property. TREC has further defined that as inspections of real property for anyone who is even considering selling or purchasing real property even if any real estate contract does not yet exist, whether it is a contract to buy or sell or even a contract between a seller and representing Agent.
The technique described above with electrical outlets is termed "Representative Sampling". This techniques has never been an accepted practice among good Inspectors as it can lead to missing issues, and even signs of larger issues, in a home.
There is not an inspector anywhere in Texas who is going to start unplugging computers and other electronic devices during an inspection so he/she can insert the test plug into 100% of the sockets in a home. Nor are they going to move furniture to roll up an area rug in a living room so they can access a covered floor plug, or make sure one isn't there.
Are you saying otherwise, or that an inspector who doesn't do this is slacking off?
Some sellers cram all their stuff into the garage, limiting access and visibility, or into a back bedroom. Same issue. What's an insopector supposed to do and, if they can't get to some plugs, is the buyer suppose to cancel the sale because of it? None do, in reality, so I'm wondering if I'm misinterpreting your stance.
Professional Inspectors are licensed and specialize in a "Whole Home Inspection" (or other type property). Under the laws of Texas, Licensed Inspectors are only one of few groups who can legally perform a whole inspection for for the sale or purchase of real property.
When you're visually inspecting the entire house, that's not a "specialist". A family practitioner can diagnose many illnesses as they are a doctor for everything, but they aren't a specialist. They will refer to a specialist who deals with the situation at hand on a daily basis. Yes, you're licensed as required, but you're not a specialist unless you hold a license under each individual specialty.
i think the general idea is to identify items that could use some in depth inspection from a subject specific "expert" -- an inspector isn't a framer, electrician, plumber, roofer, hvac technician -- they are trained to bring these potential trouble signs to the buyer's attention as most buyers don't have a real world perspective about what is appropriate and what isn't --
i think the general idea is to identify items that could use some in depth inspection from a subject specific "expert" -- an inspector isn't a framer, electrician, plumber, roofer, hvac technician -- they are trained to bring these potential trouble signs to the buyer's attention as most buyers don't have a real world perspective about what is appropriate and what isn't --
I guess this is what I am trying to find out. There were (are) things that are wrong with the house that inspector mentioned, but said it wasn't a problem. He also said that the roof was only 6 years old, but talking to the insurance inspector and several roofers the age is over 12.
Also, (and I know that the inspector could not have known this) the extensive foundation work that we have had to do has revealed that the house has only rebar, no cables. It's just a nightmare that keeps on giving.
I am really interested in where the inspector's job ends and what the are really supposed to do.
Last edited by cmaxmor; 08-30-2010 at 10:34 AM..
Reason: clarity
I am really interested in where the inspector's job ends and what the are really supposed to do.
From my perspective as an agent, and also as an investor who has purchased a lot of houses, the inspection serves just one purpose. I want the inspection to reveal or alert me (and/or my buyers) as to conditions that might change the value of the home.
I consider anything that is a reasonably expected near-term expense to be part of the cost of the home. In other words, if I buy it for $200K but immediately have to replace the roof ($7500) and the HVAC system ($6500), I really paid $214K. So the house needs to be worth more than $214K after those fixes, and I need to be paying less than $200K.
Especially on 12-18 year old homes where a lot of original equipment might still be in place, as well as the original roof, it's not that hard to tally up $20K+ in what we call "deferred maintenance".
So, if the inspector does a good job of pointing out the big stuff, that's what I want. I don't care about small stuff that would fall under the category of misc. maintenance, such as a loose commode seat, no loop in the dishwasher drain line under the sink, not ant-tilt, and my favorite item, the $0.15 flue clip that needs to be attached to allow the gas log fireplace to have a vent open at all times. Those things don't change the value of the home.
If an inspector truly missed big ticket items that should have been noted, then you should pursue remedy.
Steve
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