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Join The Class Action

Mar 10, 19 • News

Read this chilling (for Realtors) article from Inman’s Robert Hahn.

https://www.inman.com/2019/03/08/what-the-bombshell-buyer-side-lawsuit-means-for-realtors/

Buyer Beware

One of the exurbs (a district outside a city, especially a prosperous area beyond the suburbs, dictionary.com), which shall remain unnamed to protect myself, where I inspect in the DFW Metroplex has a person working as Chief Building Official (CBO) who appears to be working against the best interest of the home buying public. Though this person possesses the requisite professional certifications for the job he/she is apparently disseminating false information to the home buyers in his/her district that all should be made aware of.

Among other numerous specious opinions, i.e. interpretations of the building and electrical code that he/she evidently pulled directly out of the terminus of his/her digestive system, rendered by this person during the course of inspections recently on a property there, one in particular stood out. He/she explained to the buyer of a new home that he/she would not be inclined to enforce certain code issues because the builder would “take care of those under the warranty”. Really? Now the builder is the building official and the building official is working for the builder, right? Who knew it was supposed to work that way?

Many, if not all, builder warranties exclude building code related issues and any items you provided on a punch list to your builder that did not get repaired before closing. This means that your builder has no obligation to make repairs to building code defects after closing escrow.

An example can be found in my client’s warranty. Similar wording is to be found in other warranties.

“Exclusions
The following are NOT covered under this Limited Warranty:Violation of applicable building codes or ordinances, unless such violation results in a Defect which is otherwise covered under this Limited Warranty. Under such circumstances, the obligation of Builder under this Limited Warranty will only be to repair the defective warranted portion of the Home, but not to restore or bring the Home to conform to code.”

Check your own warranty so that you gain a better understanding of what is and is not covered. Read carefully as these are written to obfuscate the fact that they exclude more than they cover.

Further, it is my understanding that this building official told the buyer at one point in time that he/she was not comfortable fielding questions regarding a house that he/she did not yet own. Fortunately for this buyer he/she had already purchased the lot so the house was in his/her name on the tax roles.

The municipality in question has adopted the 2015 version of the International Residential Code, among others. In that volume it clearly states:

“R104.1 General. The building official is hereby authorized
and directed to enforce the provisions of this code. The building
official shall have the authority to render interpretations
of this code and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations,
policies and procedures shall be in conformance with the
intent and purpose of this code. Such policies and procedures
shall not have the effect of waiving requirements specifically
provided for in this code.

Commentary
The duty of the building official is to enforce the code.
He or she is the “authority having jurisdiction” for all
matters relating to the code and its enforcement. It is
the duty of the building official to interpret the code and
to determine compliance. Code compliance will not
always be easy to determine and will require judgment
and expertise, particularly when enforcing the provisions
of Sections R104.10 and R104.11. In exercising
this authority, however, the building official cannot set
aside or ignore any provision of the code.

The building official establishes policies and procedures
that will clarify the applications of the code. The
development of those policies and procedures should
not be simply for the convenience of the jurisdiction’s
employees, but should be viewed as a way to effectively
communicate to all interested parties involved in
the construction process how the department will process
applications, review construction documents,
make inspections, approve projects, and determine
and clarify the application of the code provisions. Properly
developed, these policies and procedures can
make the code enforcement department more predictable
for those who are regulated and will also establish
improved code compliance and public relations.

When interpretation of the code is needed, the building
official is the one individual of the jurisdiction with
the legal authority to interpret the code and determine
how the provisions should be applied, in both general
and specific cases. Some departments formalize the
interpretation process and require the person with a
question to submit their question in writing. Departments
are encouraged to develop policies for both formal
(written) and informal (verbal) requests for code
interpretations. Any such interpretations must be in
conformance with the intent and letter of the code and
may not waive any requirements. It may be necessary
in some cases for the building official to write these
code interpretations into the permit.”

It is assumed that the reasonable man on the street understands what this says. It is written in English and is required reading for anyone aspiring to become or just simply wakes up one day to find themselves a building official. That said, I question the reasonableness of the code official in question. Folks like this are out there. Buyer beware.

On that note another publication from the authors of the International Residential Code is the Legal Aspects of Code Administration. In Chapter 9 of this volume it states in part, “The Latin term caveat emptor, means “let the buyer beware.” Thus, it is up to the purchaser to determine the soundness of the building prior to the finalization of the purchase or to hire a professional inspector”, (italics are mine).

In Texas where big business reigns supreme, and don’t kid yourself homebuilding is BIG BUSINESS, developers and home builders are at the wheel. They apparently have the legislators and municipal officials under thumb. If you are not looking to get thoroughly screwed you had better hire a competent independent inspector to inspect your house from the ground up in order to avoid being taken advantage of by this good ole’ boy system that includes the CBO in question.

Best,

Aaron

Rodents Dropping In?

Dec 18, 18 • Advice

Many of you have read my reports where I mention the importance of rodent-proofing new and existing houses. This is crucial. We only build houses for a couple of reasons: to keep the elements off our heads and to choose which animals we’d like to live with. The following article by Jessica Kane speaks to identifying the signs of an invasion of the unwanted. Enjoy!

Telltale Signs of Rodent Droppings and Rodent Infestation in Your Home

 

In order to fully protect your family from the harm that can be caused from rodent infestation of your residence, you need to familiarize yourself with the telltale signs of rodent droppings in and around your home. You must understand that rodent infestation at your home will not only result in physical damage to your home, it can expose your loved ones to potentially serious diseases.

 

What do Rodent Droppings Look Like?

 

There are three types of rodent droppings that a homeowner in the United States needs to be aware of, including:

  • Rat
  • Mouse
  • Squirrel

The feces from each of these animals are different in their appearance. A mouse dropping looks rather like a grain of brown rice. A mouse produces the smallest droppings of the three types of rodents that can infest a U.S. residence. Mouse droppings normally are thin with at least one end that is pointed

 

Rat droppings are larger than those produces by a mouse. A rat dropping tends to be oblong in shape. A rat dropping typically is slightly wider in the middle area of a feces from this rodent. A rat dropping usually is darker in color that a rat feces. This type of dropping usually has a shiny and moist appearance. Over time, a rat dropping becomes a bit lighter in color.

 

Although an adult squirrel is larger that a mouse or rat, a squirrel’s dropping is close in size to that of the much smaller mouse. A rat dropping is smaller than that of a rat. A squirrel dropping is the darkest type of rodent feces.

 

Location of Rodent Droppings

 

The location of rodent droppings is also indicative of the type of animal that may be infesting your home. Rats and mice tend to leave droppings in lines, but not in one location. They tend to leave lines of droppings in locations in your home that they use to get from one location to another.

 

Squirrels tend to establish what fairly can be called latrines, when it comes to their droppings. In other words, if you’ve some type of squirrel infestation, you are likely to find growing piles of squirrel feces in or around your home. As an aside, while rats and mice are likely to nest in different parts of your home, is squirrels infest the interior of your home, they are likely to be found in the attic.

 

Rodent Droppings as a Sign of Infestation

 

If you are attempting to confirm whether or not some type of rodent has infested your home, you will also want to pay attention to the color of feces. As rodent feces age, they become lighter in color.

 

If the rodent droppings you find in your residence appear lighter in color, even with something of a gray hue, they are not fresh and have been around for some time. If you only identify rodent feces of this nature, with this color, you likely do not have a current rodent infestation. Rodents were present in your home in the past, but by feces that appear lighter in color, with a grayish hue, and dry, odds are that whatever rodents that were once in your home vacated.

 

Health Dangers of Rodent Feces

 

In addition to being indicative of rodent infestation, feces can also be highly dangerous in and of themselves. For example, rat mouse feces can carry the hantavirus. A human infected by the hantavirus can end up seriously ill or even die.

 

You need to keep in mind that live hantavirus persists in rodent feces, even after the droppings dry. Dry feces crumble easily. If infected by the hantavirus, a dry rodent dropping can crumble and release the virus into the air. When that happens, the situation becomes very serious. A person can breathe in the dust from the feces, infected themselves with the hantavirus.

 

Rodent Feces Cleanup

 

Because of the potential for dangerous pathogens contained in rodent feces, care must be taken when droppings are cleaned up. Indeed, consideration should be given to retaining the professional services of a rodent feces cleanup specialist. If you are going to attempt to cleanup rodent feces, you must utilize appropriate personal protective equipment, including:

  • Goggles
  • Gloves
  • Smock or other covering
  • Mask or respirator

Due to the risk of airborne virus infection, a respirator is recommended over the use of a mask. As noted previously, professional rodent feces cleanup is recommended over self-help when it comes to cleaning up what can be dangerous droppings.

 

Proper Lot Drainage

Dec 18, 18 • News

Those familiar with my reports know that I devote several paragraphs to information on proper lot drainage. The following article penned by Angie Bersin of Redfin focuses on this critical topic. Enjoy!

https://www.redfin.com/blog/drainage-solutions-outdoor

Texas Does Not Regulate Roofers

Oct 16, 18 • News

There is no regulation of roofers in Texas.

Texas Home Inspectors Cannot Perform Sewer Camera Tests

Aug 8, 18 • News

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It should go without saying that home inspectors are not plumbers. That’s not enough for the greedy inspectors who foist these inspections on unsuspecting clients for hefty fees. Even if the camera inspections are free they are ILLEGAL unless the inspector is also a licensed plumber. If you doubt this read the ruling issued by the Texas Real Estate Commission.

Dodging the Square Foot Question

Aug 7, 18 • News

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This article will give you some insight into how your home builder (or real estate agent) will answer any possible question you may ask – with bullshit.

The Square Foot Question

 

5 Tips When Planning for Your Home’s Maintenance and Rehabilitation

Jul 27, 18 • News

5 Tips When Planning for Your Home’s Maintenance and Rehabilitation

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Buying a home is a considerable expense, but the beautiful thing about it is that you have your own place that it may just replicate your dream home. We are sure you want to keep it that way over the years, which is why maintaining the property is essential. Preparing for the process of maintenance or rehabilitation might save you some time and money and here are some tips to keep in mind in that area.

The Gutters Should Be Clean

 

This might be unnoticeable, but it is an essential component when it comes to preventing potential problems in the future. It’s the gutters that catch water that runs off from the roof and divert it in the opposite direction from your house, which makes them an integral part of the residential drainage system. If you head to the basement and notice that water is accumulating, the reason may be small water diversion or improper gutter maintenance. You should ensure to clean the gutters once or twice every year and do not only use the hose to rinse them, but also inspect the channels and physically remove any debris.

Inspect the Roof

 

Just to be on the safe side, you should do this twice per year – in the spring and in the autumn. You should be looking for any form of damages, as well as discolorations. This will help you to prevent any future leaks and loss that they may cause. You should mainly focus on shingles that are located around your chimneys, vents, and skylights, as this is where most leaks occur. If you notice any discoloration, you may need to repaint that section. Or, while you are there, why not repaint the entire roof to complement your house siding?

 

Inspect the Exterior of Your Home

 

When you plan to do this, make sure to have enough time and patience to do a proper job. If you notice a joint that may lead to leaks, consider using house wrap to improve weather resistance. Pay particular attention to wood siding if you have one. If you haven’t done anything to maintain it in a while, there is a good chance that it will need repainting. However, your primary concern should be that there is no damage from insects or water as wood is prone to that.

Inspect the Interior Walls

 

Once you are done with the exterior, move to the interior of your house and start with the walls. You should look for potential leaks and places where drywall perhaps needs to be removed, as well as anything else that may seem out of the ordinary. If you have stone accent walls, make sure to check their condition by looking for grout between them. Also, keep in mind that various impacts may have damaged or loosened them.

Check the Rest of the Interior

 

Walk from one room to the other and look for possible issues. If you are starting from the bathroom, check the toilet tank, washing machine, and dryer for possible leaks. Experienced homeowners say that you should pay particular attention to the metal ends of the hoses used for water supply. As for the water heater, you should make sure to drain it at least once every year. The reason is that sediments from the water that settles on the floor of the heater may damage its bottom.

The chances are you also have some leaky faucets in your home, so make sure to include that in your upcoming maintenance session. You should also analyze the pipes and check if the water flows freely through them or they need to be unclogged. Finally, do not forget to check the condensation hose of your air conditioner and see if you need to change the air filters in your central heat and air unit.

Once you have all the things that you need to do list, it is much easier to organize your maintenance session and conduct it in the most effective way. If you are a homeowner, the chances are that you will need the help of a professional. However, informing yourself on what needs to be done before calling your maintenance guy can save you both some time, and you may even keep some money in your pockets.

New Air Sealing Method

Jun 24, 18 • News

The Death of Freedom of Information in Texas

Jun 5, 18 • News

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Access Denied Article from the Texas Observer