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Home » Columnists » Biographies »

Old condo violates plumbing code

By Barry Stone, Tuesday, April 28, 2009.

DEAR BARRY: I live in an old condo complex and recently replaced my water heater. The fixture is located in an upstairs closet, and the new codes require an overflow pan with a pipe to the exterior to prevent water damage if there is a leak. Unfortunately, the condo board has refused to allow this pipe because it would alter the outside appearance of the building. I've argued the point, but they are as stubborn as cement. Do they have the right to deny compliance with the state plumbing code, or can I install the pipe without their permission? --William

DEAR WILLIAM: The condo board could use some common sense in place of blind adherence to outdated restrictions. If any water heater in the complex develops a leak, someone will be paying to repair water damage, and that someone could be a member of the board.  more...

The 'unethical' home inspection

By Barry Stone, Tuesday, April 21, 2009.

DEAR BARRY: In my area, there is a very successful real estate agent who is married to a home inspector. On all of her listings, she has her husband do the home inspection and then she gives the inspection report to buyers. And since she does not have the same last name as her husband, the buyers are not aware of the relationship. Is it illegal for an agent to conduct business in this way? --Mike

DEAR MIKE: Whether the practice is illegal depends on the real estate laws that apply in each state. But regardless of legality, it is clearly unethical for a Realtor to have her husband perform a home inspection on her own transactions. And it is doubly unethical to do so without openly disclosing their relationship to everyone involved.  more...

Selling home 'as is'? Take heed

By Barry Stone, Tuesday, April 14, 2009.

DEAR BARRY: Our house is on the market. We're waiting for offers and wondering if we should hire our own home inspector or let the buyer hire the inspector once we are in escrow. Our agent advises against hiring our own inspector. What do you think? --Kay

DEAR KAY: Some real estate agents are in favor of pre-sale home inspections and some are not. Here are the reasons why I favor them:

1) When your disclosure statement includes a home inspection report, you are demonstrating to buyers that you have nothing to hide and that you are going the extra mile to provide full disclosure of the property's condition.  more...

Cracks showing in high-end floors

By Barry Stone, Tuesday, April 7, 2009.

DEAR BARRY: We had travertine tiles installed in our kitchen and the adjoining bathroom about a year ago as part of a remodel. Two sections, one in the kitchen and one in the bathroom, are cracking down the middle of the tiles. Our 66-year-old house has a raised foundation, and the contractor says that the backer boards he installed are separating due to settling. Therefore, he denies responsibility. Is he correct? --Jamie

DEAR JAMIE: It is so common for contractors and tradespeople to disclaim liability for defects that it's hard to know when the excuses are valid without inspecting the specific problems. However, here are some thoughts on your situation:  more...

HardiePlank siding gets thumbs up

By Barry Stone, Tuesday, March 31, 2009.

DEAR BARRY: My mother is planning to replace the wood siding on her home. We'd like to know which is better: HardiePlank or steel siding. Which do you recommend, and why? --Susan

DEAR SUSAN: Some may disagree with this answer, but my preference is HardiePlank. It has the look of wood siding but is actually fibrous concrete. In my opinion, it is superior to steel siding for the following reasons:  more...

Buyers hit with $1,000-plus furnace repair

By Barry Stone, Tuesday, March 24, 2009.

DEAR BARRY: We purchased our home about six months ago. It is only five years old, but the heater just failed. The heating contractor found a crack in the heat exchanger. The cost to us for parts not covered by the warranty will be more than $1,000. Our home inspector says the heat exchanger is not covered in a home inspection. The crack is plainly visible and could have been seen by our inspector if he had taken the time to look. Is it fair that he should not be liable for this omission? --Bill  more...

Buyers frustrated with hot, cold bedroom

By Barry Stone, Tuesday, March 17, 2009.

DEAR BARRY: We purchased our home several months ago and no one disclosed the lack of heating and cooling in the master bedroom and bathroom. We even asked the sellers if the HVAC system was OK, and they said there was no problem. But now, we have a freezing master bedroom in winter and sweaty nights in the summer. The attic above the master has plenty of insulation, and there are dual-pane windows. So what could be causing the problem? What can we do about it? And are the sellers liable? --Ann  more...

Be sure to inspect building permits

By Barry Stone, Tuesday, March 10, 2009.

DEAR BARRY: We bought our home about four months ago and now have a big, undisclosed problem. The house is very old and was completely renovated -- not by the person who sold us the property, but two owners previous to them. Our Realtor advised us to check for permits at the city hall, which we did. The city showed us copies of permits for the electrical, plumbing and mechanical work. But we did not notice the absence of signatures on the permit records. We didn't know that people could apply for permits and never call for inspections.  more...

Electronic inspection reports have flaws

By Barry Stone, Tuesday, March 3, 2009.

DEAR BARRY: I am the broker of a large real estate company. In my area, most home inspectors use computerized reports, with photos of the defects they disclose. Very few still use the old-fashioned, hand-written forms, and I seldom give my business to those backward dinosaurs.  more...

Aluminum wiring gives homebuyer pause

By Barry Stone, Tuesday, February 24, 2009.

DEAR BARRY: I have two questions about aluminum wiring in a home. Can home inspectors tell during an inspection if a house has aluminum wiring? If there is aluminum wire, can repairs make the system reasonably safe for my family? --Ann  more...

To trust a home seller

By Barry Stone, Tuesday, February 17, 2009.

DEAR BARRY: The home I am buying has been vacant for two years, and the sellers have not been truthful about its condition. Their disclosure statement says the furnace is in perfect working order, and they listed no other defects. Last week, I called the gas company to turn on the service and to light the furnace. They red-tagged the furnace as "inoperable" and said they had previously informed the owners of this problem. They also told the owners that the copper gas piping needs to be replaced.  more...

Seller, agent in cahoots?

By Barry Stone, Tuesday, February 10, 2009.

DEAR BARRY: When we bought our home, the agent was selling it for his mother, and they told us that it was a maintenance-free home, in perfect condition. That was five years ago, and now the undisclosed problems have surfaced.  more...

Cancel deal, lose deposit? Not necessarily

By Barry Stone, Tuesday, February 3, 2009.

DEAR BARRY: The home I am buying has a buried fuel tank. This was disclosed by the sellers and their agent weeks after we entered the transaction. At first, they said the tank is made of fiberglass and is only five years old. When my agent and my attorney asked for documentation, the sellers offered to provide it on the day the transaction closes. We asked that it be provided on the day of the final walkthrough, but they did not have the papers on that day. Instead, they admitted that the tank is actually 38 years old and is made of steel. If I cancel the deal now, I could lose my deposit. What can I do? --Maryann  more...

Home inspector missed defects 10 years ago

By Barry Stone, Tuesday, January 27, 2009.

DEAR BARRY: I bought my home 10 years ago. At the time, my home inspector reported no plumbing defects. But recently, my plumber pointed out several conditions that violate the plumbing code. Some of these involve pipes that are fully visible in the basement and should have been seen by my inspector. After this many years, do I have any recourse against the home inspector for not reporting visible and costly issues? --Paul  more...

Condo owners stuck with foundation repairs?

By Barry Stone, Tuesday, January 20, 2009.

DEAR BARRY: We own a two-story condo, located at the far end of our building. This year, we discovered foundation settlement when cracks and gaps appeared on the outside of our unit. The condo committee hired a structural expert who recommended pillars to prevent further settlement. The proposed cost for the work is $12,000. The attorney for the condo association says that we, not the condo association, must pay for the repair work. Unfortunately, we don't have that much money.  more...

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