Re-Inspections: Should
I or Shouldn’t I Recommend?
As
a longtime Home Inspector servicing the greater Jacksonville Florida market I
will emphatically say, it depends.
If
I had my way and could wave my magic wand, there would be no repairs conducted
by a seller because, it’s been my experience, they will always be half done,
not done, or done in an amateurish manner. Seemingly the seller is trying to maximize
their sales price, minimize their pain, and maximize their gain (if any).
Ideally,
the property buyer is always in a better position to make the repairs under
their direct supervision, that way the decisions, priority of work, total costs,
and choice of contractor is theirs to make.
I
fully realize that most real estate contracts simply don’t work that way in our
market. The Buyer has a home inspection, accepts or rejects conditions discovered,
then places demands on the seller, who either accepts or rejects the demands of
the buyer.
Repair/Replacement and Retreatment
Agreement
Once
you have acceptance of the Repair/Replacement and Retreatment Agreement there
are several things you need to know as a profession real estate agent/property
seller.
Things to Know
1.
According
to Florida Statute 455.228, if you hire an unlicensed contractor, the
Department of Business and Professional Regulations (D. B. P. R.) may issue a
cease and desist order. They also may take you to Circuit Court, which has the
authority to impose a civil penalty of up $5,000 for aiding and abetting
unlicensed activity. You could also be liable for court cost.
2.
If
you obtain a permit for an unlicensed contractor, you are held responsible for
the work, not the contractor.
3.
If
you hire an unlicensed contractor, you may actually pay more for the job than
if you had hired a licensed contractor. Especially if the work is done
incorrectly or never finished, you may have to pay twice or more for the same
job to be corrected or finished.
4.
If
the unlicensed contractor fails to pay his sub-contractors or suppliers, you
may be required to pay them even though you have already paid the contractor.
5.
Plumbing,
electrical, and heating and air conditioning work must be done only by contractors
and craftsmen certified in those trades and require separate permits.
6.
Home
improvement contractors must possess a license issued by the State of Florida
as a general, building, or residential contractor.
7.
Roofing
contractors are required to be certified or registered by the state.
8.
There
is no such thing as a 'legal' jack-of-all-trades.
9.
An 'Occupational
License' is not a regulatory license or a Certificate of Competency,
but a tax for the privilege of engaging in or managing a business, profession,
or occupation.
10.
You
may be held liable for injury on your property if the unlicensed contractor has
no liability insurance or Worker's Compensation insurance.
So,
its important that you and your sellers know their responsibilities as it
relates to repairs.
The Process
Once
complete the buyer may want someone to verify that the repairs requested have
been completed. The Home Inspector may be asked to return to the property and
conduct a verification of repairs.
He/she
will want a copy of the executed Repair/Replacement and Retreatment Agreement
and copies of all receipts and/or work orders prior to a revisit.
All
parties must understand that the inspector will simply be verifying that the work
has been done in a workmanlike manner and that all items have been addressed.
All
parties should also understand that in many cases the scope of the work is not
known to the inspector and will not be visible. He/she will only be able to
state that there are visible signs that the repairs have been made. This fact emphasizes
the importance of receipts and work orders.
Pitfalls
Waiting
until the last minute to schedule the reinspection. The inspector could be busy
and getting on the schedule can be difficult. Plan ahead. The also needs to understand
this is not a free service and is relatively expensive.
Incomplete
documentation. This creates heartburn to both the inspector and the buyer. The
inspector needs documentation to track the requests and the buyer wants documentation
for their permanent owner’s files.
Be
prepared for missed items, items not done correctly or incomplete. In many
cases the verification of repairs are done just prior to closing. This will
certainly create heartburn to all sides. Please remember its not the inspector’s
fault. He/she is just trying to do their job.
A Few Examples of When
Things Go Wrong
Replacing
drain and waste vent stack flashings by simply caulking the rubber grommet. A
licensed roofer would replace the entire assembly and in some cases shingles is
surrounding area.
Flexible
Trap/P traps. A licensed plumber doesn’t have flexible connectors in his work
truck.
Putty
repairs when wood should be replaced. A licensed contractor should be executing
wood repairs. Reason, you don’t know what is behind the decay/rot.
Structural
and siding repairs require a permit.
Truss
repairs. Any truss repair or truss gusset plate repairs require a design drawing
conducted by a licensed structural engineer.
Stucco
Repairs. Simply said, stucco repairs are complicated. Stucco is a wall cladding
but when it fails it often impacts the structure. Significant stucco repairs
require a duly licensed residential contractor or higher and will require a permit.
