By Barry Stone
Dear Barry,
Since purchasing our home three years ago, we've had a mildew odor under the bathroom and kitchen sinks and in the coat closet. We can't even keep towels under the bathroom sink because they begin to smell like mildew. All of these problem areas are located toward the front of the house, and we are wondering if there could be water in that part of the subarea. Our home inspector mentioned nothing about this when we bought the home, and now he claims that this was a visual inspection only and that he never went under the house. Two of the neighbors in our tract say they have the same problem. Shouldn't we have been told about this before we bought the property? -- Francie
Dear Francie,
It is unfortunate that you've waited so long to confront this problem, since your chances of recovery diminish with the passage of time. However, there are two pertinent disclosure issues that warrant consideration:
1. If the sellers of the property occupied the premises, they must have been aware of moisture problems and should have disclosed them to you. It seems not likely that someone would be oblivious to mildew problems in their closets and cabinets. But given that three years have elapsed since you purchased the property, you may no longer have recourse with the sellers. Only an attorney can answer this question with certainty.
2. The other pertinent issue is the thoroughness of the home inspection. Your inspector had a professional obligation to inspect the crawlspace beneath the dwelling, unless that portion of the building was inaccessible. In that case, lack of access should have been specifically noted in the inspection report, with a recommendation for further evaluation as soon as access could be provided. If the inspector simply neglected to inspect that portion of the building, without any related advisements, this would indicate that the inspection was not conducted in accordance with established industry standards. The American Society of Home Inspectors (ASHI) and the National Association of Home Inspectors (NAHI)include inspection of the crawlspace as part of their Standards of Practice for all member inspectors. To omit this portion of a property evaluation would constitute negligence performance, casting doubt as to the thoroughness of the entire inspection.
Before taking action, you should have the property reinspected by the most thorough home inspector available in you area. You should determine not only the cause of the mildew problem but the condition of all accessible components of the building, as it relates to possible moisture damage. If excess moisture below the building is causing symptoms in the living area of the home, moisture damage to wood members could be extensive in the subarea, especially if there is inadequate ventilation. All of these conditions warrant immediate evaluation.
To find the most qualified inspector in your area, call several real estate offices and tell them you want the name of the most meticulous home inspector available. Tell them you want the "Deal Killer."
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