Home inspector didn't test furnace & now it needs replacement. What to?
October 22, 2014 1:20 PM Subscribe
I bought a house in August this year (2.5 months ago). Just tried turning on the heat for the first time and it does not work! I had a repair company out and was told it was in terrible shape (and super old). They would even have to special order the parts.
The inspector did not test it, he only noted that it couldn't be tested because it was over 80 degrees outside. He found the AC did not work so it's beyond me why it didn't concern him at all that the furnace might not, especially since it is an old unit.
He did note in his report why he didn't test it but it was never pointed to as an exception or deficiency but buried it in the report so of course one would assume it is fine. I would have absolutely had that unit replaced by the seller had I known it was broken at the shape it was in.
After doing some research, I found that it is possible to test in warmer weather AND he should have at least recommended a rein spection (by him or an certified heating specialist) before the sale. Is this true? Do I have recourse?
The inspector did not test it, he only noted that it couldn't be tested because it was over 80 degrees outside. He found the AC did not work so it's beyond me why it didn't concern him at all that the furnace might not, especially since it is an old unit.
He did note in his report why he didn't test it but it was never pointed to as an exception or deficiency but buried it in the report so of course one would assume it is fine. I would have absolutely had that unit replaced by the seller had I known it was broken at the shape it was in.
After doing some research, I found that it is possible to test in warmer weather AND he should have at least recommended a rein spection (by him or an certified heating specialist) before the sale. Is this true? Do I have recourse?
I think it depends on what you signed when you hired him. His liability (if there is one...there is an item in the report that says he did not test the furnace, according to you) may be limited by contract to the return of his fee. I'd consult with a lawyer, if you're interested in pursuing any damages.
posted by xingcat at 1:28 PM on October 22, 2014 [1 favorite]
posted by xingcat at 1:28 PM on October 22, 2014 [1 favorite]
The home we bought was inspected in July. I remember it being a really warm day, probably 28 degrees or so (over 80F), and our inspector not only tested the furnace to make sure that it turned on, but took a temperature reading from the ducting to show that when the furnace was warmed up, that it could heat the air sufficiently.
Your home inspector was a crappy inspector. At the very least, the age of the furnace should have raised a warning flag as potential near-term repair. That said, I'm sure you signed something that says they're not liable for anything they missed. And it's not like he turned it on and somehow missed that it didn't work; he didn't test it, you were there (I'm assuming) and didn't insist otherwise, and didn't followup with the home owners in any fashion getting them to guarantee that the furnace worked.
I'm sorry, but I think all that you can get from this situation is a learning experience. Definitely give the home inspector poor word of mouth.
posted by nobeagle at 1:33 PM on October 22, 2014 [2 favorites]
Your home inspector was a crappy inspector. At the very least, the age of the furnace should have raised a warning flag as potential near-term repair. That said, I'm sure you signed something that says they're not liable for anything they missed. And it's not like he turned it on and somehow missed that it didn't work; he didn't test it, you were there (I'm assuming) and didn't insist otherwise, and didn't followup with the home owners in any fashion getting them to guarantee that the furnace worked.
I'm sorry, but I think all that you can get from this situation is a learning experience. Definitely give the home inspector poor word of mouth.
posted by nobeagle at 1:33 PM on October 22, 2014 [2 favorites]
This is not legal advice and I am not your lawyer. Talk to a competent attorney in your jurisdiction (wherever that may be).
Generally speaking, home inspectors in the US include a limitation of liability clause in their contracts that cap their liability at the fee they collect--so, what, $500? Given the prevalence of this liability clause, I'd be shocked if your contract didn't have one. If it didn't, sure, shake him down for whatever your lawyer can get. But otherwise you may just get your $500 back. Which ain't nothing, but it's not going to pay for a new furnace. And, given that the furnace was explicitly excluded on the report, I don't know that you'd have a slam dunk argument that you should get anything.
Again, this is not legal advice and I am not your lawyer. Welcome to home ownership! You have my sympathies!
posted by Admiral Haddock at 1:33 PM on October 22, 2014 [1 favorite]
Generally speaking, home inspectors in the US include a limitation of liability clause in their contracts that cap their liability at the fee they collect--so, what, $500? Given the prevalence of this liability clause, I'd be shocked if your contract didn't have one. If it didn't, sure, shake him down for whatever your lawyer can get. But otherwise you may just get your $500 back. Which ain't nothing, but it's not going to pay for a new furnace. And, given that the furnace was explicitly excluded on the report, I don't know that you'd have a slam dunk argument that you should get anything.
Again, this is not legal advice and I am not your lawyer. Welcome to home ownership! You have my sympathies!
posted by Admiral Haddock at 1:33 PM on October 22, 2014 [1 favorite]
Here where I'm at, you have to get a specific HVAC inspection to know if it's in decent shape. A regular inspector can turn it on and that's about it. I was at a local real estate convention yesterday and a home warranty company told me that as a realtor I needed to tell people to get those inspections (for example, fire ants can chew wires, and it might test okay for the inspector but go out later as a result).
Also here, if the seller's agent knew or should have known there was an issue, they should have disclosed.
However, if what you bought was a REO/foreclosure, those are sold as-is and no disclosure is required.
I doubt you have any recourse, but I am wondering why your realtor didn't suggest further inspection of the unit, particularly as you both already knew the AC was out. Check with your state to see how things work where you are.
posted by St. Alia of the Bunnies at 1:34 PM on October 22, 2014
Also here, if the seller's agent knew or should have known there was an issue, they should have disclosed.
However, if what you bought was a REO/foreclosure, those are sold as-is and no disclosure is required.
I doubt you have any recourse, but I am wondering why your realtor didn't suggest further inspection of the unit, particularly as you both already knew the AC was out. Check with your state to see how things work where you are.
posted by St. Alia of the Bunnies at 1:34 PM on October 22, 2014
Home Inspectors are basically unregulated in most states. I could order business cards and hang out my shingle next week in my "business friendly" state. There is likely no recourse.
If I ever buy another house (not likely) I intend to hire an actual general contractor for a few hours to inspect the house like he was buying it.
posted by COD at 1:35 PM on October 22, 2014
If I ever buy another house (not likely) I intend to hire an actual general contractor for a few hours to inspect the house like he was buying it.
posted by COD at 1:35 PM on October 22, 2014
And not to throw you under the bus or anything, but for future readers of this question-please be proactive, think about what might be wrong in a house you are buying, and get any extra inspections if you think there might be a problem. The homes I deal with (REOS) more times than not have HVAC issues. It's worth spending the money to get it checked out throughly. If the system is old, you can almost count on there being issues.
posted by St. Alia of the Bunnies at 1:43 PM on October 22, 2014
posted by St. Alia of the Bunnies at 1:43 PM on October 22, 2014
Also, did you get a home warranty? Its common around here for the seller to pay for one as they are pretty cheap. A furnace would likely be covered.
posted by COD at 1:49 PM on October 22, 2014 [1 favorite]
posted by COD at 1:49 PM on October 22, 2014 [1 favorite]
A furnace would likely be covered.
Not if they didn't purchase the large-appliance rider. (Lesson learned.)
posted by Lyn Never at 1:54 PM on October 22, 2014
Not if they didn't purchase the large-appliance rider. (Lesson learned.)
posted by Lyn Never at 1:54 PM on October 22, 2014
I bought a foreclosure that also turned out to have a non workable furnace. If your furnace is really that old I would recommend pricing out a new furnace before sinking all your money into the old one. Sorry, it sucks to find out right as it turns chilly.
posted by florencetnoa at 2:07 PM on October 22, 2014
posted by florencetnoa at 2:07 PM on October 22, 2014
Response by poster: I truly appreciate all the input, it is a learning experience for sure. I knew it would have to be replaced in the next few years but it just chaps my hide that it never worked and the guy I hired to protect me didn't.
posted by Snackpants at 2:10 PM on October 22, 2014
posted by Snackpants at 2:10 PM on October 22, 2014
We had similar problems with our home. Bought in June 2012 and realized in July that the double oven wouldn't get to temperature, the freezer wouldn't freeze things, and the dishwasher was broken. In December, we also discovered that one of the 2 furnaces wasn't working properly. It was a model home, though, and we were able to get the builder to make the kitchen appliance repairs in July after it was found they weren't wired properly. We were told initially that we had no recourse but really pushed the issue. We called the home inspector as well, and it seemed he was nervous that we might try to hold him liable, but this is just based on his reaction to us. As for the furnace, my husband was able to get it working by fiddling with a bunch of tubes and wires. He has no idea what really was wrong with it. But had it not started working, we'd had to have made the repairs ourselves.
My suggestion to you is to maybe call your realtor and ask them if there's anything that can be done. You could also call a lawyer, but in my experience, they tend to say, "There's nothing you can do..." to most everything. And you can also call the home inspector if you want, but it's a really uncomfortable phone call.
I'm really sorry that happened to you. It was a nightmare for us and made us quite angry the person we paid to help us overlooked so much that was wrong.
posted by LillyBird at 3:08 PM on October 22, 2014
My suggestion to you is to maybe call your realtor and ask them if there's anything that can be done. You could also call a lawyer, but in my experience, they tend to say, "There's nothing you can do..." to most everything. And you can also call the home inspector if you want, but it's a really uncomfortable phone call.
I'm really sorry that happened to you. It was a nightmare for us and made us quite angry the person we paid to help us overlooked so much that was wrong.
posted by LillyBird at 3:08 PM on October 22, 2014
My parents had their home inspected and the guy apparently missed a massive leak/installation error in the shower. They're now on the hook for $10-$15k replacement of the whole shower/wall/tile/subfloor etc. It was a pretty bad error in that he signed off on that shower and said it worked. To make matters worse, their realtor had accompanied the inspector in lieu of them - my dad had a medical crisis and could not attend the inspection in person, and their realtor suggested that instead of canceling it they let him attend. Who knows what they actually did. The inspector was also a referral from the realtor, so probably motivated to move the sale along.
Basically, they moved into the house 2-3 months after closing and pretty much immediately found this issue (water pouring down through the ceiling of their unfinished basement, right below the shower, after it runs). They contacted their realtor and the inspector. After some prodding, the inspector reluctantly came back, basically said that his checks of the shower were just intended to check that hot water would run there but not that it didn't leak. He offered to refund his fee, but that's all he would do - he even agreed he'd be angry if if happened to him, but that was all he could do. The realtor said he consulted with the president of his agency, but basically that them's the breaks, sorry.
The inspection is not a warranty or a guarantee and they are not going to do anything for you on issues discovered after the fact. Buyer beware, but feel free to complain and leave a bad review.
posted by handful of rain at 4:00 PM on October 22, 2014
Basically, they moved into the house 2-3 months after closing and pretty much immediately found this issue (water pouring down through the ceiling of their unfinished basement, right below the shower, after it runs). They contacted their realtor and the inspector. After some prodding, the inspector reluctantly came back, basically said that his checks of the shower were just intended to check that hot water would run there but not that it didn't leak. He offered to refund his fee, but that's all he would do - he even agreed he'd be angry if if happened to him, but that was all he could do. The realtor said he consulted with the president of his agency, but basically that them's the breaks, sorry.
The inspection is not a warranty or a guarantee and they are not going to do anything for you on issues discovered after the fact. Buyer beware, but feel free to complain and leave a bad review.
posted by handful of rain at 4:00 PM on October 22, 2014
A few things here:
First, you have no idea whether the furnace was working 2.5 years ago or not. My furnace was working 6 months ago, now it's not. It was never used in the interim. Point is, even if you theoretically had recourse, you're going to have a hard time proving that this didn't happen at some point between his inspection and now. Two and a half years is a long time, especially for an old furnace.
Second, he told you he didn't test it. At that point, you assumed the risk that it didn't work. You didn't test it yourself or take any other actions to ensure that it worked. In the buying process, that's how someone says "I don't care if it works."
Finally, even if this were a situation where the inspector screwed you, it's really uncommon for that to result in recourse.
posted by toomuchpete at 5:56 PM on October 22, 2014
First, you have no idea whether the furnace was working 2.5 years ago or not. My furnace was working 6 months ago, now it's not. It was never used in the interim. Point is, even if you theoretically had recourse, you're going to have a hard time proving that this didn't happen at some point between his inspection and now. Two and a half years is a long time, especially for an old furnace.
Second, he told you he didn't test it. At that point, you assumed the risk that it didn't work. You didn't test it yourself or take any other actions to ensure that it worked. In the buying process, that's how someone says "I don't care if it works."
Finally, even if this were a situation where the inspector screwed you, it's really uncommon for that to result in recourse.
posted by toomuchpete at 5:56 PM on October 22, 2014
Your recourse is probably a bad review on The better Business Bureau and/or whatever review sites he is on.
posted by Potomac Avenue at 6:08 PM on October 22, 2014
posted by Potomac Avenue at 6:08 PM on October 22, 2014
Yeah, happened to me too. My guy was like "This thing is X years old and they typically need to be replaced after X+1 years." So at least I had that. Damn thing died the second we signed the paperwork. I feel your pain. It sucks.
If you have the time, you could try just suing everyone (the sellers, the inspector) in small claims and see if they'll settle with you. If you have the money you could hire an attorney, but even if they think you have recourse, that'll probably cost at least half the amount of a new furnace.
Look on the bright side—now you can get a new modern one and pick out the one you want. I got a heat pump.
posted by jeffamaphone at 9:25 AM on October 23, 2014
If you have the time, you could try just suing everyone (the sellers, the inspector) in small claims and see if they'll settle with you. If you have the money you could hire an attorney, but even if they think you have recourse, that'll probably cost at least half the amount of a new furnace.
Look on the bright side—now you can get a new modern one and pick out the one you want. I got a heat pump.
posted by jeffamaphone at 9:25 AM on October 23, 2014
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But you probably have no recourse. Inspection is largely a scam - either to do as little work as possible for the money, or to collude with the buying and/or selling agent for a kickback to make things look good and make the sale happen.
posted by Lyn Never at 1:27 PM on October 22, 2014