Hi Gary,
Yes I saw that you are a registered architect and so would figure you have better knowledge of codes.
In Ohio, quoting codes or acting as a code inspector without proper licensing such as you have done in your report, could find one in legal trouble with the state... but that's Ohio. While we as inspectors base many of our concerns on code related items, we are not code inspectors.
Bringing in the AHJ at this stage of the process, would kill the deal, giving no value to my client and further damaging the seller who is already loosing several hundreds of thousand dollars on this transaction!
This confuses me... who are you working for? Inspectors should have absolutely no concern about whether the deal goes through or not. We are supposed to be unbiased and working for our clients only.
I read an article back in 2004 about the importance of permit history searches, which got me to include the statement I post above in my reports.
www.inman.com/buyers-sellers/columnists/...ory-comes-back-haunt
The article gave several examples of home buyers who didn't think it important to perform this search, and then found themselves in a financial and legal disaster. Also I have personally seen the ramifications of not seeking proper permits and inspections. I've seen it more than once in my many years as a rehab inspector. One property (a 4-plex being converted into a duplex) was almost finished when the electrical inspector demanded the drywall be removed so he could finalize the rough-in. The rehab went south and new investors assumed the loan. The chief building inspector then also required the entire drain/waste system be redone by the new owners as the original plans had never been approved. Talk about financial hardship... it can and does happen.
I feel comfortable with the way I handle this situation and considering the buyer was a retired fireman who is currently doing part time fire investigations for an insurance coming, I added the following statement in my e-mail transmittal to them with my report:
I am sure with your background with the fire prevention industry that you realize reasons behind some of these safety provisions in the code and how the implementation of providing early detection and warning devices, coupled with safe storage and use of hazardous materials and operations within this structure can greatly reduce the potential future use of the facility resulting in reduction in potential problems.
I assume nothing with my clients. Case in point, I inspected a home 2 weeks ago for sale by a firefighter. Nice home. The basement had been finished and a bedroom added there. The only emergency egress for the entire basement was four 12"x24" below grade slider windows. So as longs as you could squeeze through a roughly 12" square you may be alright. I would have thought this full time fireman would know better. There were other fire hazards strewn throughout the home as well like extension cords and lamp cords used for permanent wiring, a dryer vent clogged and disconnected in the attic with remnants of common flammable duct tape at the joints, etc.
I'm not berating here Gary, just pointing out some of my concerns for others to see and perhaps learn. While I haven't seen your report, it appears you have assumed quite a bit of liability here with the comments. It's also apparent that your client only sees a couple of "minor" things... while what you described in the original post may be a significant financial and legal battle for them somewhere down the road...
