Home Inspector Misses the Basement Floor Drain ~ Any Liability?
Ontario Real Estate Source
By Brian Madigan LL.B.
This is an interesting situation. A buyer is concerned about buying an older home, one that is about 80 plus years old. It was renovated about 5 years ago and is situated in a fashionable part of the city.
Naturally, his agent recommends a home inspection. One of the main worries is whether the house will pass the “water test”. Is any water getting in through the roof, windows, doors, basement or any other place.
The home inspector gives the property an A+.
The home inspection clause is waived, the deal closes and 4 days later there is water in the basement around the boiler in the furnace room.
Further inspection reveals that there was water damage, mould, and a hidden floor drain.
Several months earlier there had been a major sewage backup. The sewage entered the basement through the main drain. It damaged the broadloom. So, here’s what happened:
1) the carpeting was removed,
2) the place was cleaned up,
3) a subfloor was constructed,
4) laminate was installed over the plywood subfloor.
With all this new construction, the floor drain was covered up. It was still there, under the subfloor and the laminate.
Certainly, if there were another sewage backup, the water, moisture, resulting mould and odours would likely be trapped by the laminate and the subfloor.
So, the basic question is this: was the home inspector responsible?
There was no other drain in the basement. Should the home inspector comment on this and point out the fact that there was no drain to be found? And, perhaps mention to the buyer that a drain in the basement should be installed?
Now, I appreciate that you can’t see where it is once it’s hidden under the subfloor, but should it not at least appear on the checklist.
The specific issue that concerned the buyer in the first place was water, and this risk materialized.
Do you think there is any liability on the home inspector?
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
http://www.ontariorealestatesource.com/
