Home Warranties and Inspections - home inspector totally missed this, advice needed!

I just went to clean the windows in my sunroom and its not dirt smudge ect... its fog inside the window.My home inspector totally missed this wich is rediculous because they are huge windows and the first thing you see walking into the living room. they had shades on them but i would have figured he pulled them up.
there were 3 other windows with less fog that he wrote up in the report!

What action can I take against this home inspector?I would like him to pay for the windows to be replaced.

am i screwed or is there avenues I can take?

Have you talked to the inspector? - Thay would be the first step.

The fact that he discovered leaking windows indicates he was knowledgeable and looking for the condition and pointed out some problems.

There is a point to be considered. - A home inspection is a visual inpection and you are limited to what you can see. Since you, your realtor and the inspector are in someone elses home there are limits on what can be done.

Moving of obstructions is not permitted/required as are operations to items (some switches, valves, etc.) that may be damaged or cause damage to other systems.

The fact that he found some bad windows, but not the one with the shades down is interesting. Perhaps the shade was not operable without "coaxing". When you looked at the windows after the inspection, was the fogging apparent?

What was discussed at the home after the inspection when the inspector went over the findings in his report regarding the other windows?

Dick

There was nothing at all blocking us from looking at the windows,the blinds go up with ease also.

Honestly he basiclly rolled the blinds up and said thier good, just need a cleaning.
At that time I knew nothing at all of fog being trapped inside a window, so I was totally relying on the inspectors expertise!

Even if he doesnt agree to repair or split the cost ect,.. is there anywhere i can report him to ?

thanks
zim

Why did you have an inspection? Was it a house you were buying? If so, what did you do about the ones he DID find and put in his report? Use that information to negotiate an adjustment from the seller or have them replaced?

I've only had one home inspection in the past. The state did not license inspectors, but this one was certified by a national organization and highly recommended. Nevertheless, I had to sign a bunch of forms acknowledging that he wasn't an engineer, a code enforcement official, or a licensed tradesman of any kind. And absent gross negligence, he could not be held responsible for anything he failed to find.

I'd be surprised if your inspector didn't have some such forms for you to sign, and I think your chances of getting him/her to pay for the windows are pretty much zero.

There were 3 others that were in the report and paid for by the seller. what burns me up is these 3 windows are huge and are the easiest thing to see in the house.
He told me when we looked at them they just needed a good cleaning , yety the other one needed to be replaced.Also this guy was reccomended to me by the realtor and now im putting 2 and 2 together!

Again - Did you talk to the inspector after the report?

If he pulled up the blinds and you did not see anything but you and he thought was dirt. Often, moisture moves on a window during the day and does not cover 100%.

I am sure you are better at spotting dirt than an inspector. Did you take a second look before the closing and after you were informed of the other windows?

If you are in a civilized state, there should be required certifications for both pre-sale and pre-purchase inspectors. You can contact the licensing and certification authority to file a complaint after you have approached the inspector and gone through any remedies.

How much was the inspection and what is the cost of the IGU?

Often, when there are problems, realtors like to soft-soap or put them off to slide through a sale. - Inspectors do not appreciate that!

Dick

depending on the state involved and the contract between you and the inspector.

In some states, an inspector can be held liable for negligence such as this. That is why they carry error and ommissions insurance.

You local governmental agency may be able to help you as to the licensure requirements and what agency licenses an inspector. Then contact that agency and ask them.

I know it's been a while, but for the benefit of others: the inspector may not have screwed up - the ability to spot failed seals depends on conditions such as interior/exterior temperature, whether the windows had recently been in sunlight or shade and even wind velocity (cooling of the exterior surface). Could be he spotted the others and missed this one, or could be that conditions were such that fogging was not evident at the time of inspection (especially likely if this window was on a different side of the house) or that this seal failed post inspection.

When an inspector finds a blown seal - let alone three or four - that's a red flag to inspect the others carefully. I also note verbally to the client if they are present and in the report that once there are multiple windows with fogging problems other windows from the same installation are also likely to fail, possibly between inspection and occupancy.

I agree with Michael! the windows may not have been fogged up at the time of inspection. I have 2 windows in my office that [dependent on time of year and humidity] will fog up from time to time. At times they are bad enough to warrant replacing but other times they're clear as can be. This cycle has been going on for several years.

Since I don't intend to move, I'll replace them when they get bad enough to really irritate me :D :eek:

Michael pretty much summed up in this thread what was mentioned in the OP's duplicate thread, at http://forum.doityourself.com/showthread.php?t=309705

It was a double post that the mod's didn't catch.

I thought this thread sounded familiar :)