Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: I purchased a townhome in Houston directly from a builder in October 2000. Recently, our dryer wasn't drying clothes that well, so we called a company to blow out the dryer vent ducts.
The technician discovered that the vent makes several 90 degree turns and then simply ends. The company quoted about $700 to vent the dryer properly through the roof. Do we have any recourse with the builder? We paid $600 to have the house inspected before we purchased it, but they found no problems. Can the inspector be held liable?
A: You may have recourse against the builder, but probably not the inspector.
However, before you take action, call the builder and ask if he'll fix the vent for free, or possibly at a reduced charge. Your builder might be shocked to learn how poorly a subcontractor installed the vent and may be quite apologetic and accommodating.
In addition, you may have a warranty that covers this kind of repair. In fact, major structural components of a home do carry a 10-year warranty, although it's not clear whether a dryer vent is such a component.
If you decide to go after the builder, you first need to request a state-sponsored inspection and a dispute resolution with the Texas Residential Construction Commission. You can find more information at www.trcc.state.tx.us. Don't expect great results, though. Builders come out ahead most of the time.
It is very unlikely that you have any recourse against the inspector. If your report was like the typical inspector's report, it contained disclaimers and limits on the scope of the analysis. Yes, a good inspector might have caught the problem with the vent, but it is questionable whether your inspector was negligent. Plus, your claim against the inspector might be time-barred, meaning you've waited too long to take legal action.
Still, you could meet with a real estate attorney to discuss your options, or possibly pursue a claim through the Texas Residential Construction Commission yourself, but if you do, you might end up wasting many hours of your time or worse, many thousands of your dollars.
Compared to the alternatives, a $700 repair sounds like a bargain.
http://www.chron.com/disp/story.mpl/business/lipman/4561177.html