The Seller does not have to agree to any or all of the requests, but if Buyer and Seller cannot come to a meeting of the minds, the purchase agreement may become void and all earnest money is refundable to the buyer.  The Seller should be given time between the inspection and response deadline to check into the feasibility and cost of the repairs.

     Generally, the repairs requested will be related to structural problems, code violations (at the time the home was built or the improvement or replacement installed),  or safety issues...not to cosmetic items such as paint touch ups, etc.   Sometimes an inspector will recommend certain repairs or "homeowner maintenance" items as preventative measures, but these are not necessarily expected to be performed by the Seller. 

     Some items may not have been required by code at the time the home was built, but are now recognized as safety hazards.  If the home is an older resale, these items are "grandfathered," but it might be reasonable for the Buyer to request a correction of the problem.  Unless it is an FHA or VA loan, the Seller has the right to refuse.

     If this will be an FHA loan, the home will go through another inspection as part of the FHA appraisal.  FHA may require certain corrections in order to insure the loan, even if the Buyer and Seller have come to an agreement on the removal of inspection contingency.  The amount required for the Seller to pay for repairs required by FHA will be stipulated in the FHA Exhibit to the purchase agreement.
  

1.  Rotten wood trim around windows and doors, and rotten or delaminating siding.

2.  Energy issues, such as broken seals on double paned windows (condensation forms between the two panes of glass),  or missing insulation in the attic.

3.  Missing flashing on roof and above windows and doors, which may cause roof leaks or rotting of window and door trim.

4.  Code violations, such as electrical junctions not enclosed in a junction box, GFI outlets missing or not working, smoke alarms not working.

5.  Safety issues, such as a loose or missing stair rail.

6.  Furnaces and compressors not properly maintained.  Rust in the heat exchange is a common problem that shows up on inspections.  Missing insulation where required by code.

7.  All "sleeping rooms" must have an operating window with 30 square inches of clearance for fire escape.  All homes must have heat.  If a home is listed with five bedrooms, and one does not meet these requirements, it cannot be considered a bedroom.

8.  Water Heaters not installed to code at the time of installation.  Water heaters installed in the last several years should be off the floor by 18" for safety, and should have a pressure release valve.  (Also, see the paragraph on water heater dip tubes).

9.  Missing flashing when flashing was required by code at the time the house was built.

10. Wooden decks nailed, not bolted, when required by code at the time the house was built.  This might be grandfathered on an older home, but would be considered a safety hazard.
 
 

      Several circumstances may be perceived as  "inherent flaws" in a property.  If you are selling a home and suspect that you have one or more of these, let's talk about how to handle them prior to listing and getting an offer on your home (or, if you are a Buyer, before making an offer):

                   EIFS, aka Synthetic Stucco
                   Polybutylene Plumbing
                   Louisiana Pacific and Other Pressed Wood Siding
                   Water Heater Dip Tube - 1993-96

     You'll find excellent information on all of these products at Christian Building Inspectors.

1.  EIFS (Exterior Insulation and Finishing System), also known as "Synthetic Stucco"

EIFS is installed very similarly to masonry stucco, and can be a very energy efficient, low maintenance system.  The fact that the closed cell polystyrene used in EIFS is water resistant has caused many builders over the years to assume that it is waterproof cladding, and many homes were built without proper flashing and sealing, causing moisture to collect between the foam and the inner wall.  If improperly installed, synthetic stucco homes can experience unacceptable moisture levels inside the walls, especially around the foundation, windows and doors. 

The process of EIFS begins just like Masonry Stucco, with a three layer exterior grade plywood or OSB (Oriented Strand Board).  In both cases, the next step is to apply a waterproof (roofing) paper.  With EIFS, the next layer would be the foam, then a fiberglass mesh, and then the base coat and top coat.  Masonry stucco uses a metal lath as the third step.

It is very common for masonry stucco homes to have synthetic stucco trim, because it lends itself to more creative designs.  If you don't know if you have EIFS or masonry stucco, you may be able to tell by knocking on a side wall.   If you hear a hollow sound, it may be EIFS.  You may also be able to find an unsealed hole where a condensate line comes out of the wall (it really should be sealed!), and look for the foam inside.  Another place is behind an exterior light fixture.  Again, these places should be sealed to prevent water from getting inside the wall, but they usually are not sealed, so you may get a peak inside the wall.

If you are a Seller, you'll be expected to have your home inspected by a certified stucco inspector, and repaired as needed (which typically means having the windows and doors properly flashed and caulked, and the EIFS removed around the perimeter of the home where it is too close to the ground.  Even if your home is masonry (often called "hard coat") stucco, it is recommended that you have a stucco inspection at the time of listing and have a report to show potential buyers.  Again, proper installation, flashing, and sealing are the keys to the viability of this product.  The product itself is a good product.

Sometimes called "Poly Blue," This was used extensively during the 1980s and 1990s, and has been prone to breakage, particularly between the house and the water meter.  It is not a flawed product, but simply was not designed for the type of water pressure experienced in exterior use.  Sometimes polybutelene is known to have broken inside the house, but this typically is from a plastic coupling rather than the pipe itself.  The pipe, as it runs from the water meter to the house, will be blue. Inside the house, it is gray.  You usually can see it where it connects to the water heater.  If in doubt, be sure to have it checked by a professional plumber. If you know that you have Polybutelene pipes, it must be disclosed on the Seller's Disclosure
statement.  In advance it would be a good idea to obtain an estimate for replacement of the pipe. Additional information and photos are available here:  http://www.polybutylene.com/ .

For updated information on the Cox vs. Shell  class action law suit regarding Poly-Pipes, and to find out if your home may be eligible for a claim, visit 
http://www.pbpipe.com/index1.htm  or call 1-800-392-7591.

Another class action law suit has been filed regarding interior polybutylene pipes with gray or white plastic fittings.  Information on the Spencer class action suit can be found here:   http://www.spencerclass.com/mainpage.htm.

3. Louisiana Pacific Utility Grade Siding (& Other Brands)

Louisiana Pacific manufactured a pressed wood siding that was used extensively in residential construction from the 1980s through the mid-1990s.  The lowest grade of Louisiana Pacific siding has a tendency to delaminate and absorb moisture if not caulked, sealed and painted regularly.    If you have rotting around your chimney, the foundation, or around windows and doors, you may have LP siding.  

The best way to positively identify it is to pull away some of the insulation in the attic to reveal the underside of the exterior siding.  It will be stamped by the manufacturer. 
There is a hallmark knot hole pattern in most LP siding, but it may not be present on every board.   

Also, have a qualified contractor inspect the  windows, doors, and trim and take necessary corrective action taken prior to receiving an offer on your home.  This may mean installing flashing over windows and doors, and where a wooden deck meets the siding, replacing rotten boards (especially around the perimeter near the ground) with fiber cement siding, caulking meticulously, and painting.  Be sure that the bottom edge of each lap is painted, as that is where much of the moisture is absorbed if not sealed properly.

Although Louisiana Pacific Siding is the best known problem siding, it’s important to know that there are other brands of siding that may delaminate.  Unfortunately, a great web site at www.sidingclaims.com is no longer online.  If anyone finds good images of these problem sidings, please let me know.  Here is one site with general information: http://www.weyerclaims.com/    Here are links to other siding claims:

Masonite Hardboard (1980-1998)
http://www.masoniteclaims.com/hardboard/index.htm

Masonite OmniWood (1992-1999
http://www.masoniteclaims.com/omniwood2/index.htm

Woodruf Roofing (1990-1999)
http://www.masoniteclaims.com/woodruf2/index.htm

Georgia - Pacific (very little information)
http://www.gp.com/build/claims.html

Weyerhaeuser Hardboard Siding (1988-1993)
http://www.weyerclaims.com/

4. Water Heater Dip Tube.   The dip tube is a long slender tube that fits down into the water heater inlet. The dip tube directs the incoming cold water down to the bottom of the tank.  From 1993 through 1996 virtually every water heater manufactured in the United States contained a defective dip tube which began breaking down in the water heater within months of installation.  Although this does not present a health problem, it does cause particles to circulate throughout the entire plumbing system, lodging in faucets, shower heads, dishwashers and washing machines.  The class action law suit ended December 2000.  If your water heater was installed during this period, it is presumed to have a defective dip tube.  The cost of replacing the dip tube is estimated at $200-$250.  Here is a good explanation of the problem  and the symptoms:  http://www.thehomeinspector.com/Clients/DipTube.html
 
 

Related Topics
• Facts of Life for Buyers
• Agency Relationships
• Choosing an Agent
• Financing
• Home Inspections
• Termites
• Lease Purchases
• Gwinnett Information
• Fulton Information

Links to Other Helpful Information