Mickey Ellis Home and Commercial Inspections
Email us: email@example.com Call us: (404) 217-3456 or (706) 681-3513
Marietta Location: 2900 Delk Road, Ste. 700, Marietta, GA 30067
Columbus Location: 12485 Randall Woods Drive, Midland, GA 31820
Beware: when purchasing a new home whether it’s already built or you’re contracting the home to be built. If, anyone suggest that it’s not necessary to have a private home inspection “DO NOT BELIEVE THEM”! If, you don’t have a private home inspection your decision could eventually cost you thousands of dollars. I have posted below one of the main reasons you can’t put your trust solely in the local Building Official. This post is a quoted section from previous codes and the 2015 International Residential Building Codes:
R104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
R104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
If, you digest this liability section, it states that the Building Officials could care less whether they do their inspections properly. “…shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties”.
I have been in the construction industry in some capacity for 53 years, and I thought I had seen it all, well I haven’t. I have done about 3000, yes, thousand inspections just over the last 8 years, and haven’t found ONE home that was built to minimum requirements of the referenced ICC Building Codes. I can only surmise why this is true, but it’s definitely true.
I interpret the local and state Building Codes like this, the local government commissioners adopt the state/local codes and ordinances and then charge the Building Officials with enforcing the duly voted and passed ordinances. These are the minimum requirements and the Building Officials can enforce them to a stricter standard, but the Building Officials “DO NOT” have the authority to reduce the minimum requirements.
The counties or cities charge you roughly $0.30 a square foot or $600.00 for a 2000 square foot home, for their entire inspection process. Question: doesn’t it make perfectly good sense that if home-buyer/customer/voter pays out that amount of money ($600.00), they would be protected? “Well, you’re not”!
Please understand that we aren't Lawyers and we aren't giving you legal advice, we are just in the business of protecting Home-buyers and Home-owners with words of advice and opinions, "NOT LEGAL CONSULTATIONS".
1) Now that is established, hire a good Real Estate Attorney. The sure thing you're doing here is making the largest purchase of your entire life. DON'T get taken. The attorney will help you through all of the laws and contracts.