The average life span of your roof shingles is approximately 18 to 20 years. This will guarantee that at some point in your life you will have to hire a roofing contractor to replace your shingles. When it comes time to replace your roof there are some important issues to consider before signing a contract with the first person who comes along.
The quality of shingles is very important when deciding to install new shingles. If your home is a typical subdivision built model then it is most likely that the builder installed the cheapest shingles that were available at the time. Today there are many different styles to choose from and the upgraded shingles now even come with Algae Resistant built in. Older roofs would have copper or other metal strips installed to prevent the buildup of algae, which would dis-colour shingles and lead to early failure.
In Ontario you are required to install a minimum of 3 feet of 15 lb felt paper around the perimeter of your roof. Most quality roofers use a ice and water shield for greater protection. B.C Roofing from Midland only uses Grace Water and Ice Shield which is considered the premier product for water and ice protection. The ice and water shield provides secondary protection in event of shingle failure or ice dams which cause water to back up on your roof.
Installing properly designed attic ventilation to allow heat from the sun to be removed in the summer and moisture in the winter. Lack of ventilation is one of the major causes ice damming in the winter. A properly designed attic will have soffit vents along the perimeter of your roof to allow for air intake and then a vent system at the higher portion of the roof for exhausting heat and moisture. Ridge vents are the most effective type of roof vent and the type used by B.C. Roofing on their new and re-shingling projects. Call Brian Cooper at 705-715-7529 for a personalized visit and quote when you need a new roof installed.
When choosing your roofing contractor there are some important points to consider. Is the roofing company licensed with the Province of Ontario? Do they have valid liability insurance that covers you and your house while they are working on it? Can they offer proof of WSIB coverage and is their account in good standing? Roofing companies that cannot provide proof of their workmanship and performance, otherwise you could be paying for one type of new roof and getting another.
As a professional home inspector I am amazed at the amount of new homes that are being built and the upper floor is missing the required felt paper or ice and water shield, and these are new homes being inspected by government inspectors. So, you can imagine what some roofing contractors are doing on homes where there is no follow up inspection being performed. I have seen new shingles installed and the step flashing has not been properly sealed or the valley metal is almost rusted out but still re-used. Sometimes when you hire a roofing contractor, you will get what you pay for!
Ask an E&O Insurance Pro: FAQs about Pre-Inspection Agreement. When beginning to work with an insurance program specifically for home inspectors, it can sometimes be difficult to fully understand all of the processes and risks that can come into play during an inspection. To help educate to reduce these risks, we’ve compiled a couple of our most frequently asked questions.
One of the large areas of discussion for E&O insurance is what’s referred to as the Pre-Inspection Agreement, as well as what protections are offers to inspector. Below are a couple of the most commonly asked questions about inspection agreements:
What Should my Home Inspection Agreement Include?
This is another question that doesn’t have an easy question. The best way to figure out what your agreement should include is to look at examples. Many inspection organizations provide agreement templates or examples. These references are a fantastic resource, and have been utilized successfully by countless inspectors. Remember though, do not plagiarize. These examples are guidelines, if you haven’t received written permission, or if you are not a member of the organization or association, lifting this content is a big no-no.
There are a couple things to look for when creating your inspection agreement. Aspects such as a Limit of Liability, as well as an Environmental Hazards clause are necessary additions, even if the state provides some protection from these liabilities. These state protection cases are usually only based on the most rudimentary definition of inspections, so there is only a small window where these cases fit in.
What is the Ideal Length for my Home Inspection Agreement Contacts?
Depending on how you look at it, there’s no right or wrong answer here. There are countless styles and different types of home inspection contracts, you have to figure out what best fits your business model. I have seen great contracts that total a single page in length, and I’ve seen very comprehensive contracts that itemize each and every detail. It all comes down to what will help the client understand the agreement best, and will protect you in the process. The main thing that needs to be expressly details is what a visual-only home inspection involves. Overall, it comes down to what you feel protects your business, and the customer best.
Does Every Client Have to Sign Their Inspection Agreement? Even if they’re Moving or Aren’t Local?
The short answer is yes. To expand on this, it’s crucial that each client signs off on their inspection agreement. Keep in mind that if a client is no longer local or available to sign the contact in person, they very well could not have looked at the home in person. This then means that they are entrusting you to detail what to expect when they move into the house. It also entails that they will have less of a familiarity with the property, as you could potentially be the first person they contact.
It is worth the time and effort to acquire a signed agreement (an emailed or faxed copy works). This will provide you the additional protection needed to ensure that the client knows what a visual inspection involves. Many home inspectors have enlisted the help of an eSignature option to make the process easier for their clients. This lets their clients the opportunity to log-in, sign and verify the document without needing to jump through additional hoops.
Can a Client’s Realtor Sign the Home Inspection Agreement by Proxy?
No, under no circumstances is that legal. Make sure that this is clear, and don’t consent to any Realtor signed proxy agreements. Remember who you’re providing the service for, most likely it is for a particular client, and not the realtor. Although it is great to create a good working relationship with local Realtors as you build your business, they are not the client, and cannot sign for them by proxy.
This is all about risk management and protection, as you would be the one paying for it if a claim was ever filed. Typically, smart and seasoned Realtors know this, and will help you acquire the true client’s signature. Remember, this isn’t a restaurant, we don’t do substitutions.
Why Should I Get Insurance if I Already Have an Inspection Agreement?
Like in most other industries, many professionals don’t feel insurance is something they need. We’ve constantly heard professionals state that their inspection agreement is bullet-proof, while means that there’s no need for insurance.
Granted, if you’re located in an area that requires E&O insurance, this doesn’t really apply to you. However, for those still living in the Wild West, remember that insurance is protection for “what if?” It is smart business to invest in as much protection as you can to ensure your business can weather any proverbial storm. Within the world of home inspection, an inspection agreement the first and last line of defense against filed claims. Claims happen to every inspector, it isn’t a matter of if, but more a matter of when, and it only requires one to change the trajectory of your business.
Byline: Derrick Slouman is a contributor for EiiPro and EliteMGA, a US company specializing in errors and omissions insurance. For more information on E&O insurance, and to see what options are available to you, visit EiiPro and EliteMGA on the web today at www.eiipro.com.
When you hire a home inspector to perform a home inspection you usually will be asked to read and sign a Pre-Inspection agreement which states what a home inspector is and is not responsible for inspecting. This is a standard boiler plate type of document that is typically modified to suit each inspectors qualifications and experience. In the pre-inspection agreement there is usually a reference to the Standards of Practice for the organization that that particular home inspector belongs to. View Barrie Home Inspector’s Standards of Practice
A home inspection is a limited, non-invasive examination of the condition of a home, often in connection with the sale of that home. Home inspections are usually conducted by a home inspector who has the training and certifications to perform such inspections. The inspector prepares and delivers to the client a written report of findings. The client then uses the knowledge gained to make informed decisions about their pending real estate purchase. The home inspector describes the condition of the home at the time of inspection but does not guarantee future condition, efficiency, or life expectancy of systems or components.
NACHI (National Association of Certified Home Inspectors) Standards of Practice states, ” A general home inspection is a non-invasive, visual examination of the accessible areas of a residential property (as delineated below), performed for a fee, which is designed to identify defects within specific systems and components defined by these Standards that are both observed and deemed material by the inspector. The scope of work may be modified by the Client and Inspector prior to the inspection process. The general home inspection is based on the observations made on the date of the inspection, and not a prediction of future conditions. The general home inspection will not reveal every issue that exists or ever could exist, but only those material defects observed on the date of the inspection.
The typical Standard of Practice places Limitations, Exceptions and Exclusions on the Home Inspection. Some of the most important ones of note are: Asbestos, Radon, Formaldehyde, Wood Destroying Organisms, Rodents and Lead. There are many more but the list is pretty exhaustive.
The home inspection report will list items that are defective or in need of service or maintenance. The Barrie Home Inspector includes a picture of every item that requires service, maintenance or replacement in the home inspection report. Ensuring the client understands the importance of any particular deficiency is just as important as noting the deficiency.
Many clients want a repair estimate on any item that is noted as being defective in the home inspection report. Most home inspectors will not give a firm estimate on any repair cost due to the fluctuation of labor rates between service personnel. It would be impossible to quote the cost of service call when you do not know the per hour rate and even how fast that particular tradesperson performs his tasks. Some home buyers may want to request that the home seller repair some deficiencies prior to completing the sale. While this may look good on paper a buyer would be better served to get an estimate from a qualified person and negotiate that cost from the sale price, as the home owner may just hire the cheapest person to make repair. It is better to hire your own individual and even supervise repair to ensure it is done to your satisfaction.
SPIS (Seller Property Information Statement) is one of the best ways homebuyers can protect themselves from buying a house that has known issues, such as flooding when it rains hard or hidden moisture in the walls. While a SPIS is not required for the sale of a home, OREA considers including one with the listing is good practice. A seller can be held responsible for issues found after the sale of the home if they did not disclose an issue that was not visible or found during a home inspection. Read more about SPIS
Your Realtor is also bound by their Code of Ethics to disclose any concern that they are aware of. To find out more info on SPIS and Realtors visit the Barrie Home Inspector.
Attending the Home Inspection is the best advice any Home Inspector can give you. Following your Home Inspector as he inspects and explains what he is looking at is valuable knowledge about your new home. You will learn about all the major systems of your home and any potential areas where maintenance is required. Attending the inspection and having a fully documented home inspection report will allow you to make any required repairs and identify areas where you should be providing the required maintenance to keep your home in good condition.
Many times at a home inspection the sellers will leave out their previous home inspection report for review. The majority of maintenance defects noted in the home inspection report will typically not have been repaired. This is really a waste of a valuable resource and home owners should take advantage of the expertise and knowledge of their home inspector and repair any listed deficiencies.
SPIS – Protection for Homebuyers. Barbara Sukkau, president of OREA, advises that one of the best ways homebuyers can protect themselves is to ask for a Seller Property Information Statement (SPIS) from the homeowners. “An information statement like the SPIS will tell potential buyers what the known issues are in the house—both those you can easily see and those that are hidden behind walls or only appear after something like a heavy rain or snowstorm,” says Sukkau.
While providing a SPIS for a house is not legally required by a seller, it is considered a best practice by OREA, and Realtors will encourage sellers to include one with the house’s listing. OREA also instructs Realtors that disclosure is imperative as prescribed in their Codes of Ethics. “We recommend listing everything that a buyer might be concerned about in the home because, as Realtors, we are trained to work within the rules of real estate law and are familiar with recent court judgements against sellers who failed to inform a buyer about the home’s history,” says Sukkau.
An information document like the SPIS is not a warranty, but it can help protect the buyer or the seller if the buyer discovers an issue with the house after the sale and wants money to fix the problem or takes the previous owner to court. The SPIS shows the seller acted in good faith and told the buyer about all the known issues.
In Ontario, caveat emptor or “buyer beware” applies to real estate law. A homeowner selling his or her property may believe that it prevents litigation if the buyer later discovers a problem with the property; however, this is not actually what caveat emptor means. “Buyer beware” means that the buyer cannot after the sale is closed ask the seller to pay for repairing something on the property if the problem was visible at the time of purchase or could be discovered through a home inspection. For example, if the buyer sees that a window is broken in the home, he or she cannot later ask for money to repair it, but the buyer could ask their Realtor to include a clause in the agreement of purchase and sale to fix the window before the sale is finalized.
On the other hand, the seller is legally obligated to inform the buyer of any problems that would not be discovered during a home inspection (e.g. a basement that floods after a heavy rainfall) as this is a latent, or hidden, defect. If the seller did not tell the buyer about the problem before the sale is finalized, the buyer could take the previous owner to court for failure to disclose the dangers if it can be proven that the sellers knew about the issue when the home was sold.
“Some homeowners may be reluctant to tell a potential buyer that the basement leaks or if there is old wiring, but providing this information can make your house more attractive to buyers than sellers who do not provide a list. People interested in your home will know what to expect and will not have to worry about having unhappy surprises after they move in,” says Sukkau.
The use of Disclosure Statements is mandatory in some places, but in Ontario, and elsewhere in Canada, they are voluntary although “strongly recommended” by real estate agents. At theThunder Bay Real Estate Board Level, the SPIS, which is published by the Ontario Real Estate Association (OREA), is mandatory. If the statement is not submitted to the board within 48 hours of listing a house, the Board will pull the listing from MLS until it is submitted. The SPIS can be crossed out and shown “As Is”, but must be signed by the seller.
The questions in the SPIS may require complex answers and many lay people may not understand the questions. It is arguable the SPIS asks sellers to disclose more than they are required to do by the law. A problem with the forms for Real Estate Agents is that if the seller gets sued, then the agent may be joined in the action for their role in using/preparing the forms
“Real estate agents are not lawyers and should not be expected to provide legal advice. The practical reality, however, is that many individuals in real estate transactions likely rely on their real estate agent for legal advice.” Lyle v. Burdess, YK, 2008”.
The vast majority of residential real estate transactions close as scheduled, without problems or disputes. Some lawyers argue that the chances of any given real estate deal resulting in litigation involving the buyers, sellers and real estate agents increase when the agents insist that the sellers complete a SPIS. On the other hand, many experienced Agents argue that the use of SPIS has eliminated much litigation, and creates certainty for the information given to the buyer.
The object of this paper is to clarify the use of the SPIS and explain how the courts interpret the SPIS.
WHAT MUST A VENDOR DISCLOSE?
Before there ever was an SPIS, the Doctrine of Caveat Emptor (“Buyer Beware”) applied. Absent fraud, mistake or misrepresentation, a purchaser would take an existing property as he found it, whether it was decrepit, bug-infested or otherwise uninhabitable, unless he/she protected himself by contract terms.
The current law is that a vendor is not under a duty to disclose patent defects of quality; however they have an obligation disclose latent defects which render the property unfit for habitation or defects which render the property dangerous or likely to be dangerous. There is no duty to disclose defects which affect the value (only) of the lands. There is an obligation to disclose habitation or dangerous deficiencies discovered after the Agreement is signed but before closing. Nonetheless, vendors are not liable if they have no knowledge of the latent defect.
From a consumer protection standpoint a move away from the harshness of caveat emptor to a full disclosure model is defensible. Many agents argue that by reducing the representations to writing there is less likelihood that the answers will be misinterpreted. As several agents have noted – if the Vendors won’t complete the Disclosure Statement, we wonder what they are trying to hide?
CRITICISMS OF USING AN SPIS
• Disclosure Statements require Vendors to disclose more information than a Vendor would normally have to disclose.
• The average layperson probably doesn’t understand many of the questions let alone know the correct answers.
• They may be seen as an attempt to protect the real estate agents.
• They offer more protection to the vendor, than the purchaser.
• It does not directly disclose the actual condition of the property. It requires the vendor to say no more than that he or she is not aware of problems.
• Places buyers in an advantageous bargaining position being armed as they are with a list of all known defects, patent and latent.
REVIEWING THE SPIS
The following are some of the sections or paragraphs from the SPIS Form 220. The bullet points after them are commentary on the same.
“ANSWERS MUST BE COMPLETE AND ACCURATE This statement is designed in part to protect Sellers by establishing that correct information concerning the property is being provided to buyers. All of the information contained herein is provided by the Sellers to the broker/sales representative. Any person who is in receipt of and utilizes this Statement acknowledges and agrees that the information is being provided for information purposes only and is not a warranty as to the matters recited hereinafter even if attached to an Agreement of Purchase and Sale. The broker/sales representative shall not be held responsible for the accuracy of any information contained herein.”
• A CRITICISM OF SPIS FORMS MAY BE MORE FOR THE PROTECTION OF THE AGENT – IS THIS LIKELY TO PROTECT YOU IF THEY ASK YOU HOW TO FILL IN THE FORM, AND THE ADVICE IS WRONG!
• THE OTHER SIDE OF THIS CRITICISM IS THE FACT THAT:
o (a) nobody knows the property (and especially the latent defects) better than the owner/vendor;
o (b) owners/vendors sometimes hide latent defects from their agents; and
o (c) if the roof leaks or the well goes dry the broker and the agent often get sued along with the vendors – for
“discovery” if nothing else.
“BUYERS MUST STILL MAKE THEIR OWN ENQUIRIES Buyers must still make their own enquiries notwithstanding the information contained on this statement. Each question and answer must be considered and where necessary, keeping in mind that the Sellers’ knowledge of the property may be incomplete, additional information can be requested from the Sellers or from an independent source such as the municipality. Buyers can hire an independent inspector to examine the property to determine whether defects exist and to provide an estimate of the cost of repairing problems that have been identified. This statement does not provide information on psychological stigmas that may be associated with a property.”
• THIS IS TO TRY AND SHOW THE BUYER KNEW THEY MUST DO THEIR OWN INVESTIGATION.
“General:” Section
• When answering the questions, they must be filled out by the seller (not the agent). Agents must ensure that the seller initials every box, as this will prevent agents from being accused of incorrectly filling out the SPIS on behalf of the seller, and then having the seller sign them, and the agent later being held liable in Court.
“2) Does any other party have an ownership, spousal or other interest in the property?”
• MANY PEOPLE DON’T REALIZE THAT A SPOUSE CAN HAVE A POSSESSORY INTEREST EVEN THOUGH THEY ARE NOT ON TITLE
“5) Are there any encroachments, registered easements, or rights of way?”
• TO DISCOVER ANY ENCROACHMENTS, A SURVEY OF THE PROPERTY MIGHT HAVE TO BE DONE. MANY OWNERS WOULD NOT KNOW ABOUT RIGHTS OF WAY, AS THESE COULD BE SUCH THINGS AS AN UNREGISTERED EASEMENT (FOR EXAMPLE, HYDRO MAY HAVE AN UNREGISTERED EASEMENT FOR OVERHEAD POWER LINES)
“8) What is the zoning on the subject property?”
• TO KNOW THIS ANSWER, THE OWNER MAY NEED TO SEE THE ZONING MAP FOR THE CITY
“9) Is it legal non-conforming (if it does not comply with zoning)?”
• MOST PEOPLE DO NOT KNOW WHAT THIS MEANS, LET ALONE THE ANSWER.
“11) Are there any restrictive covenants that run with the land?”
• MOST SELLERS DON’T KNOW.
“12) Are there any drainage restrictions?”
• THE SUBDIVISION AGREEMENT WITH THE CITY RESTRICTS CHANGES IN GRADE.
“13) Are there any local levies or unusual taxes being charged at the present time or contemplated?”
• THIS IS AN EXAMPLE OF HOW VENDORS HAVE TO DISCLOSE MORE THAN THEY WOULD NORMALLY HAVE TO DISCLOSE
“16) Is the property connected to municipal water and sewer?”
• IF NOT, FORM 222 MUST BE COMPLETED.
The following are the relevant paragraphs from Form 222:
Form 222:
1. (c) are you aware of any problem re: quantity of water?”
• CURRENT ACTUAL KNOWLEDGE – MUST YOU DISCLOSE PROBLEMS IN PRIOR YEARS.
“(d) are you aware of any problems re: quality of water?”
• IN THE PAST WERE THERE WATER SAMPLES THAT FAILED?
“21) Are there any past or pending claims under the Ontario New Warranty Program?”
• IS THIS JUST WHILE THE SELLER OWNED THE PROPERTY?
Form 220, Continued:
ENVIRONMENTAL
“3) Is the property subject to flooding?”
• DOES ONE FLOOD MEAN ITS S.T. FLOODING? DOES ‘PROPERTY’ MEAN THE WHOLE PROPERTY OR JUST THE HOUSE?
“4) Is the property under the jurisdiction of any Conservation Authority or Commission?”
• THIS IS ANOTHER EXAMPLE OF HOW VENDORS HAVE TO DISCLOSE MORE THAN THEY WOULD HAVE HAD TO DISCLOSE BEFORE THESE SHEETS WERE MANDATORY. DOES THE SELLER HAVE THIS KNOWLEDGE?
IMPROVEMENTS AND STRUCTURAL:
“7) Are you aware of any moisture and/or water problems?”
• DOES “ANY” MEAN YOU HAVE TO DISCLOSE A LEAK THAT WAS FIXED? I.E. ROOF? BASEMENT?
“12) Is there any lead, or galvanized metal plumbing on the property?”
• IF THE SELLER DIDN’T BUILD, HOW DO THEY KNOW WHAT PLUMBING THERE IS.
Bottom of Page 2 of Form 222
“THE SELLERS STATE THAT THE ABOVE INFORMATION IS TRUE, BASED ON THEIR CURRENT ACTUAL KNOWLEDGE AS OF THE DATE BELOW. ANY IMPORTANT CHANGES TO THIS INFORMATION KNOWN TO THE SELLERS WILL BE DISCLOSED BY THE SELLERS PRIOR TO CLOSING. SELLERS ARE RESPONSIBLE FOR THE ACCURACY OF ALL ANSWERS. SELLERS FURTHER AGREE TO INDEMNIFY AND HOLD THE BROKER HARMLESS FROM ANY LIABILITY INCURRED AS A RESULT OF ANY BUYER RELYING ON THIS INFORMATION. THE SELLERS HEREBY AUTHORIZE THAT A COPY OF THIS SELLER PROPERTY INFORMATION STATEMENT BE DELIVERED BY THEIR AGENT OR REPRESENTATIVE TO PROSPECTIVE BUYERS OR THEIR AGENTS OR REPRESENTATIVES. THE SELLERS HEREBY ACKNOWLEGE RECEIPT OF A TRUE COPY OF THIS STATEMENT.”
• CURRENT ACTUAL KNOWLEDGE – ATTEMPT TO LIMIT NEED TO MAKE INQUIRIES BY SELLER;
• IMPORTANT THAT YOU LET THE SELLERS KNOW THAT IF SOMETHING COMES UP AFTER THE AGREEMENT OF PURCHASE AND SALE, THAT THEY HAVE TO DISCLOSE PRIOR TO CLOSING – IN WRITING PREFERABLE
• THIS IS AN ATTEMPT TO PROTECT AGENTS – “INDEMNITY”
RELEVANT CLAUSES OF AGREEMENT OF PURCHASE AND SALE
“13. INSPECTION: Buyer acknowledges having had the opportunity to inspect
the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the opportunity to include a requirement for a property inspection report in this Agreement and agrees that except as may be specifically provided for in this Agreement, the Buyer will not be obtaining a property inspection or property inspection report regarding the property.”
“24. AGREEMENT IN WRITING: If there is conflict or discrepancy between
any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For the purposes of this Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required by the context.”
Cheadles – Lawyers & Trademark Agents states the following:
REPRESENTATIONS AND WARRANTIES
One of the questions which the courts have been wrestling with is whether the statements contained in the “SPSI” or disclosure statements are representations or warranties. The third sentence in the first paragraph of the OREA form states that “The information is being provided for information purposes only and is not a warranty”.
A warranty is a statement collateral to the contract. Breach of a warranty entitles the purchaser to damages only and does not permit the purchaser to rescind the contract. A representation is a statement made by one party to the other, before or at the time of contracting, regarding some existing fact, or some past event, which is one of the causes that induces a contract.
In Ward v. Smith (2001) 45 R.P.R. (3d) 154 the B.C. Supreme Court adopted the following descriptions of disclosure statements:
“The purpose of the disclosure statement is to raise questions and concerns rather than give detailed answers to the disclosures made.”
“Although the property condition disclosure statement forms part of the agreement for a purchase and sale, it is not necessarily a warranty. Its main purpose is to put purchasers on notice with respect to known problems. The disclosure statement … merely indicates that the statements therein are true according to the seller’s current actual knowledge.”
“The disclosure statement does not call upon a vendor to warrant a certain state of affairs. It requires the vendor to say no more than that he or she is or is not aware of problems”.
The Court also stated “Representations are non-contractual. If they are not true, the appropriate remedy is not an action for breach of contract, but the avoidance or rescission of a contract entered into in consequence of the representation, and, possibly, a tort action for damages. Thus…. a misrepresentation, may:
(a) entitle the representee to avoid the contract, if the representation was fraudulently made;
(b) entitle the representee to rescind the contract, if the representation was innocently made or;
(c) entitle the representee to sue, in tort, for damages if the representation was negligently made”.
Therefore, it is clear that the statements made in the SPIS are not a warranty, but the court will consider them a representation. Depending on whether the representation was fraudulent, innocent, or negligent will determine the remedy of the buyer. The next two cases show that sellers must be very cautious in filling out the SPIS, because the courts will not hesitate to make sellers pay for a representation that turns out to be false.
Electrical Problems in a Home. Electrical deficiencies are one of the most frequent problems found during a home inspection, usually resulting from DO IT YOUR SELF home owners. According to the Electrical Safety Authority survey 32% of homes in Ontario have had electrical work done by persons other than a licensed electrician. An amazing 58% of home owners who have done electrical work admit that they have little experience.
Whether you hire an electrical contractor or do the work yourself, all electrical installations or changes must be inspected to ensure they comply with the Ontario Electrical Safety Code. This applies to private homes, offices, industrial buildings and income properties.
Basement renovations are prime locations for finding Reversed Polarity outlets. Reversed Polarity typically occurs when the “hot wire” is mistakenly attached to the neutral screw of the outlet. This has become more common with the more frequent use of plug-in wire connectors located on the back of outlets. When using the screws to attach electrical leads, the hot screw is “dark in colour”, while the neutral is “lighter in colour”. Most people make the simple deduction of Black to dark and White to light, which will give you the proper polarity. The main problem with reversed polarity is that most appliances when turned off will open the “hot circuit” which interrupts the power supply. The Reversed Polarity circuit only interrupts the neutral leaving the power on to your appliance. If you are grounded and you touch a hot wire or component you will be shocked by the results. Another scenario is your table lamps light socket, when reversed the exposed metal socket becomes live and if touched will shock you. The Barrie Home Inspector will check your electrical outlets and note any with reversed polarity.
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Bathroom GFCI ( Ground Fault Circuit Interrupter) outlets are confusing to most home owners who truly do not understand the basics wiring used in most homes in Ontario. Many subdivision homes will have a GFCI in lower bathroom and it will be used to protect the upper bathrooms which are downstream of installed GFCI outlet. Without having an outlet tester home owners are sometimes un-aware that their upper bathrooms are already GFCI protected and install another GFCI outlet in their upper bathrooms. Now whenever the GFCI trips upstairs you have to reset the lower GFCI prior to resetting upstairs GFCI.
Basement renovations will sometimes lead to some pretty simple but possibly expensive repairs. Any wall is required to have an electrical outlet every 12 feet, not including doorways, which is designed to prevent the use of extension cords, which can be a fire hazard. Steel studs are required to have grommets installed where wire is passing through stud. Most contractors would not recommend putting a steel stud wall system in a basement due to the conduction problem if used on an exterior wall. If you find a section of steel stud wall where the electrical cable was not properly installed then you would naturally assume that any finished part of basement would have the same problem, which could kill your house sale, or lead to an expensive repair.
Exposed electrical cables that are under 1.5 meters high have to have protection from mechanical harm. Typically these wires would be armored cable or encased in conduit for protection. Many people simply ignore this rule and haphazardly run their cables down walls and even out to the exterior of their home. Any wiring underground has to be installed in a PVC conduit and buried a minimum of 18 inches, depths vary for various locations such as 30 inches below flowerbeds etc. Any exterior outlets added must be protected by GFCI.
The condition of older insulation jackets must be monitored. I recently inspected a home where the majority of electrical cables located, only on the left side of panel, had all deteriorated and would have to be replaced. The home owner was totally un-aware of the condition of her electrical system. The cause of the electrical cable insulation deterioration was unknown but could have been mice or contact with chemicals.
Remember when buying a older home you need to hire a home inspector who has the knowledge and experience to not only find but identify deficiencies which could affect your safety and help prevent unexpected repair expenses. Call the Barrie Home Inspector for your next purchase.
Injection epoxy resins and urethane foam systems are the two most widely used materials in the repair of leaking cracks in concrete basement walls. Crack injection (with either injection epoxies, polyurethane foams, or polyurethane grouts) is the best and most economical method for repair of a leaking crack on the wall of a poured foundation. When the basement has a crack that needs to be structurally repaired and the area needs to be as strong or stronger than the concrete around it, use an epoxy. The main advantage of epoxies is their amazing compressive strength, which at 12,000 psi or greater exceeds that of most concrete. If the crack needs to be repaired only to prevent water leakage or the crack is actively leaking, a polyurethane is usually the best choice. Polyurethane products are typically elastomeric, fast-setting foams which are effective alternatives for applications involving only crack sealing (waterproofing) and not structural repair. Because of their elastomeric nature, they are able to accommodate slight concrete movement so the seal stays intact.
Concrete Surface Preparation
Remove loose or flaking concrete with a wire brush or sand blast the surface to ensure proper bond of the surface seal paste. It is important to clean surface to ensure bonding of ports.
Installing Injection Ports
Surface ports are most commonly used for low-pressure injection into concrete wall cracks. The older method of installing ports was to drill into crack on an angle to inject either the epoxy or polyurethane into the center of the crack. Today most ports are installed directly onto crack and the crack is then sealed with a surface sealer which allows injection at up to 40 psi pressures. Concrete cracks can move when exposed to a temperature cycle that normally occurs in a 24 hour period unless crack has been injected with foam or epoxy. Injection of crack should be done no later than 6 hours after sealing surface.
Foundation Crack Repair Injection
Product is injected at 20-40 PSI into the lowest port on the wall until the epoxy or urethane begins to flow from the port above it. That port is then capped and work continues to port located directly above. This procedure is repeated until the entire crack has been filled with the epoxy or polyurethane. Product should be topped up after 20 min or so to replace any sealant that has leaked out to the outside.
Foundation Finish
The ports can be removed by striking with a trowel or hammer. If cosmetic appearance is preferred, the surface seal can be chipped, ground (with sanding disk), or burned off. The surface seal is paintable if grinding is not desired. Wear protective clothing and breathing apparatus while grinding. If cosmetic appearance is preferred, the surface seal can be chipped or grounded off (with sanding disk).
The Barrie Home Inspector frequently comes across cracks in foundations that have been repaired using crack injection method. Some new home builders have their own crack injection specialist. As in any other trade you want to research whoever you choose for any repair. Length of time and experience is very important and also verifying references should be a priority. The Tarion Home Warranty program will not consider a crack in a basement wall a deficiency unless it is over 6mm in width or water is leaking from it. Concrete is not flexible and with the weight of entire structure being transferred to the footings a small amount of settlement can be expected.
Septic tank inspections. The standard septic tank and weeping tile system is always underground and hidden from view. A typical septic system has four main components: a pipe from the home, a septic tank, a drain field, and the soil. Many times I have been present when an individual has done an inspection on a septic tank while I was performing the home inspection. Some septic inspectors just turned on the water and lifted the covers and determined system was in good condition. As a home inspector I always recommend that the buyer of the property have their septic tank pumped out by a licensed installer who would then be able to make an educated assessment of the tank and weeping system from visual observation of the tanks contents and through years of septic installation and pumping experience. Some inspectors will use a sight glass to obtain a sample of tanks solids but seeing the contents of entire tank allows a more accurate assessment in my mind.
A septic system collects, treats and disposes of your homes wastewater and solids supplied by homes plumbing. Solids are partially broken down into sludge within a septic tank and are separated from effluent (water) and scum (fat, oil and grease). Effluent regularly exits the tank into a drain field where it is naturally filtered by bacteria and reentered into the groundwater. Scum and sludge must be pumped periodically and should never enter the drain field. Bacteria is an important part of your septic system and a home owner has to be careful with any chemical use which may delete bacteria from septic tank.
If properly designed, constructed and maintained, your septic system can provide long-term, effective treatment of household waste water. The contents of the septic tank should be pumped every two to three years or when the total depth of sludge and scum exceeds one-third of the liquid depth of the tank. Ensure everyone using your homes plumbing system is aware of articles not to be put into a septic system. A partial list is: gasoline or chemicals, paper towels, dental floss, anything that can float, cigarettes, diapers, sanitary napkins, and plastics. Any object that can float will end up in your septic weeping tile and will eventually cause failure. Garbage disposal units can generate a lot more sludge and if deciding to install one anyway, one should look at increasing size of tank.
Replacing your septic tank and/or weeping bed can be a very expensive proposition. Every year the health department makes septic system requirements more restrictive and costly. In the old days you could just trench out your bed, throw in some stone, lay your weeping tile or pipe and fill it back up. Not so anymore, the health department will typically want you to install a bed system which can start at around 15 to 20 thousand dollars. If you are in a wet area then they might require a raised bed to be installed and then you will require a sewage lift pump. It is far easier to maintain and look after your system than have to install a new one.
The Barrie Home Inspector is available for advice on your septic tank inspection. We list experienced local septic tank installers who can pump out and assess your system on our website. Always ensure you hire an experienced professional for your both your home inspection and septic tank inspection.
Your Homes Structure. One of the most frequent questions I am asked during a home inspection is if certain walls can be removed. To answer that question it must be determined if the wall is load bearing. A load-bearing wall is one that bears the weight and force of a structure, and transfers that weight to the ground. As rule of thumb any wall on the first floor which is directly above a wall or structural beam in the basement must be considered load bearing. If you have rafters then you will most likely have a supporting wall running parallel to the roof ridge to support your roof.
Point Load is the localization of the homes load to specific areas such as support walls, steel beams and foundations. In a home you can follow the supporting load from the second floor right down to the basement, where the load is distributed down to the footings. Older bungalows typically had a supporting wall built in the center of the basement with a poured footing below. This wall support was then continued on the second floor with another supporting wall directly above basement supporting wall. Any openings in these support walls requires a header designed to span codes of the Ontario Building Code to continue support for open area.
The use of truss construction has removed the need for supporting walls in the first floor of most bungalows. The truss provides a clear span without the need for supporting structures and most subdivision homes now use trusses for roof support. Read our recent article on trusses for more information.
The primary structure of the building provides a framework and the exterior supporting walls. The external cladding can be attached to this framework, usually via secondary steelwork. It is the primary structure which transmits the loads exerted on the cladding (wind, snow etc.) to the ground. The entire structural load is distributed down to foundation walls and then to the footing. In Ontario if your building lot is considered to be wet or on expansive soils such as clay, you will be required to double the size of your footings to provide the necessary support. One other requirement is to build on undisturbed soil which does not require compaction. Using machinery to level a foundation could cause settlement cracks in foundation due to the massive weight being supported by your footings. Your local building department is responsible to ensure that contractors follow all applicable building code requirements.
Water intrusion can affect your homes supporting joists, whether visible or concealed above a ceiling. A joist is typically made of dimensional lumber, although some products are also used. The purpose of the joist is to provide a nailing and support system for the floor sheathing and for the floor itself. The joist supports the live and dead loads placed on the floor assembly. TJIs (or the equivalent) are like mini wooden I-beams, with 2″x 2″ square stock on the top and bottom (chords), and plywood or oriented strand board (OSB) between the two. Attic or ceiling joists are used to provide floor support in attic spaces, and also help prevent the roof rafters from collapsing downward and pushing outward.
A home’s roof is usually constructed of trusses or rafters. A roof truss is a pre-engineered assembly of smaller individual framing components attached together and in a design suited to provide greater support and economy, as well as a faster installation time. It takes the place of rafters, attic (or ceiling) joists, and ridge beams, and is hoisted and nailed in place, forming the entire roof and attic structure. A roof truss spans the distance between exterior walls and requires no additional support. It is designed to take the guesswork out of field-framing for the connecting points for intricate or multiple rooflines, tray and cathedral ceilings, roof penetrations.
Many older homes and cottages have a visible sag in the roof line. The middle of the roof may also have sagged. A lack of rafter ties (collar ties) can cause rafter spread, especially during heavy snows. This often occurs near the middle of the ridge board, as outside walls keep the ends of the ridge supported. Rafter spreading causes ridge sagging and can push the top parts of the walls out, especially during heavy snows. Many older structures have a visibly bowed exterior walls and if still standing usually have support bolts passing completely through structure to provide support and prevent collapse.
Platform framing is the most used type of framing in modern homes. The floor, or platform, is made up of joists that sit on supporting walls, beams or girders and covered with a plywood or OSB sub-floor. In the past, 1x planks set at 45 to the joists were used for the sub-floor. Floor joists can be engineered lumber trusses or I-beams that have increased rigidity and longer spans, with the added benefit of conserving natural resources. They allow easier access for runs of plumbing, HVAC, etc. Balloon framing is no longer in use as this type of wall structure allowed fire in a wall to quickly spread to adjoining floors usually resulting in loss of whole structure.
Inspecting your homes foundation is a very important aspect of the home inspection and identifying locations and causes of cracks involves years of practice and knowledge. Diagonal cracks that grow in width, especially ones that are wider at the bottom than at the top, indicate settlement. Diagonal cracks over windows indicate a weak header. Diagonal cracks in a poured concrete foundation that are fairly uniform in width or are hairline-type are caused by shrinkage and, though they may allow water entry, do not constitute a structural defect.
Any crack in your foundation is capable of allowing water to penetrate into your basement. Hairline cracks are usually not considered a problem and the Tarion Home Warranty will not considered them an issue unless they are wider than 6mm or are actively leaking water. Cracking can be the result of one or a combination of factors such as drying shrinkage, thermal contraction, restraint (external or internal) to shortening, sub grade settlement, and applied loads. Cracks that occur before hardening usually are the result of settlement within the concrete mass, or shrinkage of the surface (plastic-shrinkage cracks) caused by loss of water while the concrete is still plastic.
The most accepted method of repairing a crack in the concrete is foam injection. Foam is injected into the crack and expands and seals the crack preventing any water penetration. The old method was to drill a home at a 45 degree angle into the crack and pump in foam under high pressure. The newer method is to drill straight into the crack and inject the foam. If you see a line of plugs protruding from a crack in your foundation with foam residue then this is the method that has been used to repair wall.
When planning any renovations involving your homes structure remember you must obtain a building permit and submit a plan for approval. Most building departments will have a plan of your home on file and can assist you for minor projects, depending on the staff. You may require the services of architect or registered designer to design a drawing for your building department. Never remove walls without the proper approval or consulting a qualified person.
Your Qualified Home Inspector can provide you with information that will allow you to make an informed decision regarding removal of walls etc but you still should seek a professional advice before proceeding with any work. The Barrie Home Inspector is a Certified Building Code Official and has many years experience in reviewing designs and inspecting construction projects. We provide Construction Inspection services to Canada and USA.
Storage Units on Garage Attic Trusses. Many times during a home inspection I come across garages with storage units and sometimes even living areas that home owners have constructed. There are two types of roof support systems generally in use, the rafter system and the roof supported by engineered trusses.
The building’s roof must be designed and constructed to fulfill the following functions: the roof must be able to transfer wind and snow loads to the house walls; the roof must be able to shed rain and snow away from the building and prevent water from penetrating into the roof area; the roof must be also able to provide for the removal of moisture and heat contained in the insulated roof assemblies; and accommodate the installation of materials designed to restrict the flow of the air and moisture from the house into the roof assembly.
Engineered roof trusses are becoming more popular and are widely used in construction of new homes. Trusses can reduce material by up to 40% and allow longer clear spans. An engineered wood roof truss is designed to meet the Building Code requirements for support load, wind load and snow load, which is spread equally over entire roof surface. If a roof truss is damaged during installation, the installer, must contact the manufacturer to obtain a Repair Detail from Building Designer, Truss Designer or Truss manufacturer. Because the truss is a designed system any changes or modifications from intended use must first be approved by designer. The picture above shows the trusses have separated and will require specific repair details to repair.
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Hanging storage systems from an engineered truss system would definitely be considered a change of design as you are now creating a hanging load on a engineered system which was designed for a support load for the roof, ice, snow and water. The problems with attaching storage units to existing truss roofing systems is that it will not meet any requirements of the building code, you did not get a building permit to perform the work and if truss system failed you could be held liable for any damage or injury. Also if you are selling your home this problem will be noted on home inspection report, which could affect sale or price of your home.
Renovating parts of your home without obtaining a building permit may seem like a good idea at the time but the money saved can quickly seem insignificant to problems encountered by not being code compliant. No good contractor will perform work without obtaining all the required permits and you should be hesitant to use a contractor will to do work on your home without a permit. You only have to watch Mike Homes inspection programs to see the pitfalls of using contractors that are willing to take shortcuts during your home’s renovation.
Century Home Inspections Real estate buyers cannot seem to get enough good quality Century Homes. Anytime I am inspecting a fairly well maintained century home it seems that the buyers were just about always in a bidding war with someone else who also wanted the property. Considering the work and expense usually involved in fixing up one of these older homes, I find it amazing the lure these older homes have on people. Century homes can be a money pit or a beautiful piece of history, and sometimes it is hard for the novice home owner to recognize the difference. Any home that has been around this long has most likely had many renovations over the years and at least some of them were do it yourself type improvements. It takes a trained eye to spot the differences in workmanship but the end result could be thousands of dollars in repairs if home buyer is not aware of some of the common pitfalls involved in buying a century home.
There are some basic items that usually are an issue in century homes and if the previous owners have not properly dealt with them the home buyers will most likely be shocked to find the amount of work and expense they may be facing. Common items are structural, asbestos, knob and tube wiring, 60 amp service and galvanized plumbing.
Every foundation on a century home is different. There were no strict building codes a hundred years ago and everyone built their homes a little different although the concept was basically the same. Most structures are supported on rock and cement walls. These old walls will still be standing after we are long gone and are usually in pretty good shape. Water problems can affect the mortar between stones and if you have any movement you may have to bring in a structural engineer for advice. If your mortar is deteriorating you can remove loose bits and re-point the stones and even give it a coat of white wash for more appealing look. If your wall is bowing or showing other signs of significant movement there may be an issue with expansive soils causing pressure on your foundation wall. This will require the services of a an experienced foundation contractor and will most likely be an expensive repair. Some foundations may require a sister wall to be poured to strengthen the existing foundation, this also is a job for an experienced contractor. Many older homes have a concrete base poured around the existing foundation to add to stability and prevent movement.
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Asbestos was used as an insulator for heating equipment and plumbing wrap in older homes. Although it is un-common to still find asbestos still in place in older homes there are areas where it may have been installed and very difficult to remove, so has been left in place. Service areas between floors is a common place to find left behind asbestos and can be very difficult to remove without replacing piping. Attics in century homes are common places to find vermiculite insulation. Any vermiculite manufactured in the Libby Montana mines is contaminated with asbestos. Asbestos cannot be visually detected in vermiculite and samples have to be sent out to labs for testing. Depending on amount and size of asbestos presence the cost of removal can be very expensive. Large amounts require encapsulated workers to have a completed sealed off work area and a decontamination area plus a clean zone. All asbestos must be properly bagged, tagged and disposed of in specific locations.
Many century homes had galvanized plumbing installed at one time in their past. This is a steel pipe which has been covered with a protective coating of zinc. One of the problems with galvanized pipe is that the minerals in the water react with galvanized material and cause scale build up. Life expectancy of most galvanized pipe is generally considered to be from 50 to 70 years, which becomes a problem if it is still in place in your potential new home. Some insurance companies will refuse to cover a home containing galvanized plumbing. Again many people will replace the accessible galvanized plumbing but may leave areas between floors and walls which are hard to access.
Knob and tube wiring is still in use in many older homes and many home owners don’t even know it is in their home. This is electrical wiring which is run between exposed porcelain insulators and looks a little like a train track as there are two conductors running beside each other. Most insurance companies will not ensure a home with knob and tube wiring and you will have to get an electrical contractor to replace any found in the home. Attics are common places where knob and tube was left and even connected to the newer type of Romex cable by either lazy electricians or un-educated home owners.
Many older homes can have a 100 amp panel installed and the listing may even list the property as having a 100 amp service, but this may not always be true. There are many times where the property owner has installed a 100 amp panel but has not upgraded the service. Always check the main switch where the service enters the building to ensure that it is not a 50 or 60 amp service that has just had a newer panel board installed. In Ontario most insurance companies will not insure a home with a 60 amp service and you will be required to upgrade service and sometimes the mast also may require an upgrade.
There are many other issues that potential buyers of century homes may encounter and some maybe very expensive to repair. Protect yourself and your investment with a professional home inspection which can prevent expensive surprises and allow you to objectively evaluate the property prior to purchase.
When buying a Century Home in Simcoe County call Roger Frost – Your Barrie Century Home Inspector
