The Mercury News

After compliance with shelter-in-place rules, buyers discover dampness and discolorat­ion; what’s the best fix with an asthmatic child?

- By Pat Kapowich

Q: After the shelter-in-place order, we bought an occupied house without ever visiting the property. Almost everything was over the internet — but the escrow papers were notarized on the hood of the notary’s car. Thursday, we closed the sale. The keys were waiting for us, hidden in the home’s backyard. When we arrived, we noticed the brick veneer discolored on each side of the front porch. The 10-inch-wide staining runs from the ground up to where the V-shape porch roof adjoins perpendicu­lar to the main roof of the house. That night, we moved freestandi­ng lights into the living and dining rooms and noticed discolorat­ion on the walls near the floors. This interior discolorat­ion is directly opposite the damp exterior facade. There is no mention of this issue by the sellers or agents in their reports and inspection­s created during the March rains. How do we fix this possible water leak and mold issue with a child who has asthma during a stay-in-place pandemic? And who will pay for it?

A: Exterior stone facades require a multistep installati­on process. Nicknamed

“lick-n-stick,” the strict guidelines for installati­on are often ignored. You’ll want an invasive inspection by an Exterior Design Institute (EDI) inspector. Additional­ly, you’ll need constructi­on workers to do any corrective work per your building department’s COVID-19 guidelines for occupied home repairs. Poorly installed kick-out roof flashing or homes designed without rain gutters invite water intrusion. Building science identifies the astonishin­g number of ways water can enter a home. Due to that fact, and the high moisture absorption of Adhered Manufactur­ed Stone Veneer (AMSV), the perfect wall assembly is a must. Insist that AMSV installati­on guidelines and diagrams are adhered to when rebuilding the walls.

Real estate attorneys and brokerages know there is always an outbreak of lawsuits that arise from unusual homebuying and selling environmen­ts. Industry insiders knew that the brokering of property during the COVID-19 pandemic could result in an epidemic of real or imagined legal claims. The real estate condition endemic to legal claims is bad-house cases, aka failure to disclose claims. Consult a real estate attorney. The good news is, for your child’s sake, that you caught this issue upon move in, allowing you to address where and how you’ll live until it’s no longer a threat.

Questions? Realtor Pat Kapowich is a Certified Real Estate Brokerage Manager and career-long consumer protection advocate. 408245-7700, Pat@ Siliconval­leybroker. com DRE# 00979413 Siliconval­leybroker. com Youtube.com/ Patkapowic­h.

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