Home Inspector Understates Roof problems

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Home inspector understates roof problems

Who's liable for surprise expenses?
By Barry Stone
Inman News™

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DEAR BARRY: Before we bought our house, we hired a home inspector. He said the roof was worn and needed a few bundles of wood shakes for patching. The seller said there used to be some leaking but assured us that this had been repaired.

After moving in, we noticed a hole in the roofing and called the inspector to reconsider this omission in his report. He agreed to install a metal patch and invited me onto the roof for a look. What I saw was disturbing.

The condition of the shakes was worse than stated in the inspection report. After this, I got repair bids from three roofing contractors. Each of them stated that the roof needed replacement. This was a major shock, considering the huge expense of reroofing. Shouldn't our home inspector have alerted us to this? --Dave

DEAR DAVE: Roofing is an important aspect of a thorough home inspection. Competent home inspectors make a concerted effort to discover and disclose conditions that compromise the reliability or longevity of a roof. It is surprising, therefore, that the deteriorated condition of your shakes was not disclosed by your inspector. Even if the shakes were functional, the fact that they were badly worn demanded disclosure.

In such cases, home inspectors typically recommend further evaluation by a licensed roofing contractor prior to close of the transaction. Had that recommendation been made by your inspector, a roofing contractor would have reviewed the shakes before you purchased the property, and the need for replacement would have been revealed while negotiations with the seller were still possible.
It is unfortunate that that opportunity was missed. For that omission, your home inspector may bear some liability.

DEAR BARRY: Is duct cleaning a legitimate service for a forced-air heating system? We have lived in our house for 23 years, and lately have seen bits of "popcorn" ceiling material on our furniture, directly under our heating vents. The appearance of this debris seems to be increasing in frequency. Would duct cleaning be a remedy? Also, who does this kind of work? --Patty

DEAR PATTY: Air duct cleaning can be beneficial if dust and debris are forming on the inner surfaces of the ducts. Dust buildup in forced-air heating systems can harbor dust mites and mold, posing potential health problems. Professional cleaning is typically provided by heating contractors and chimney sweeps.

A related health concern, however, involves the particles of popcorn ceiling texture. When your home was built, acoustic texture was apparently sprayed onto the ceilings. The person who installed the texture allowed the material to coat the interior surfaces of the air duct openings.
This overspray is now losing its adhesion, causing particles to fall onto your furniture. These particles, potentially, may contain asbestos fibers. Professional testing of this material is recommended to determine if asbestos is present. If so, the overspray inside the ducts should be removed by a licensed asbestos abatement contractor.

To write to Barry Stone, please visit him on the Web at www.housedetective.com.

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Copyright 2011 Barry Stone

H.R. 3648 Mortgage Forgivness Debt Relief Act of 2007

The following summary was written by the Congressional Research Service, a well-respected nonpartisan arm of the Library of Congress. GovTrack did not write and has no control over these summaries.

 

12/20/2007--Public Law. (This measure has not been amended since it was passed by the Senate on December 14, 2007. The summary of that version is repeated here.)

Mortgage Forgiveness Debt Relief Act of 2007 - Amends the Internal Revenue Code to exclude from gross income amounts attributable to a discharge, prior to January 1, 2010, of indebtedness incurred to acquire a principal residence. Limits to $2 million the excludable amount of such indebtedness. Reduces the basis of a principal residence by the amount of discharged indebtedness excluded from gross income. Disallows an exclusion for a discharge of indebtedness on account of services performed for the lender or any other factor not directly related to a decline in the value of the residence or to the financial condition of the taxpayer. Sets forth rules for determining the allowable amount of the exclusion for taxpayers with nonqualifying indebtedness and taxpayers who are insolvent. Extends through 2010 the tax deduction for mortgage insurance premiums. Sets forth alternative tests for qualifying as a cooperative housing corporation for purposes of the tax deduction for payments to such corporations. Qualifies a corporation if: (1) 80% or more of the total square footage of the corporation's property is used or available for use by its tenant-stockholders for residential purposes, or (2) 90% of the corporation's expenditures are for the acquisition, construction, management, maintenance, or care of its property for the benefit of the tenant-stockholders. Allows members of a qualified volunteer emergency response organization (i.e., an organization that provides firefighting and emergency medical services) an exclusion from gross income for state and local tax benefits and for certain payments for services. Terminates such exclusion after 2010.

Allows certain full-time students who are single parents and their children to live in housing units eligible for the low-income housing tax credit provided that their children are not dependents of another individual (other than a parent of such children).

Allows a surviving spouse to exclude from gross income up to $500,000 of the gain from the sale or exchange of a principal residence owned jointly with a deceased spouse if the sale or exchange occurs within two years of the death of the spouse and other ownership and use requirements have been met. Increases the penalty for failure to file a partnership tax return and extends from five to 12 the number of months in which such penalty may be imposed. Limits disclosure of tax return information that includes individual taxpayer identify information.

Imposes an additional penalty on S corporations for failure to file required tax returns.

Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase the estimated tax payment due in the third quarter of 2012 for corporations with assets of at least $1 billion.