MORAL: LET THE BUYER BEWARE

By DANIEL WOOLFOLK
TIMES STAFF WRITER
SUNDAY, AUGUST 22, 2010
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Gheorghe Banaduc Jr. stood in the attic of what was supposed to be his dream home.

"Welcome to my nightmare," the Fort Drum soldier said as he pulled rotted pieces of wood off of a beam in his Antwerp.

The staff sergeant bought the house on Mechanic Street two years ago for $151,300 — including fees — after hiring a Realtor-recommended home inspector for about $375. The only major defect the inspector noted for the late-19th century home was a tube for the hot water heater, available locally for less than $10, needed replacement.

About five months after Sgt. Banaduc, his wife and three daughters moved in, he found mold and water damage. Much of it, he said, was caused by a leak in an upstairs toilet that he believes was hastily repaired by the previous owners. He had to renovate the home's two bathrooms and replace the roof. He has accumulated a stack of receipts showing more than $45,000 in repairs. As a result, he said, he has exceeded his credit card limits and has fallen behind on mortgage payments.

Sgt. Banaduc said he wants his story to be a cautionary tale — and a learning experience for other soldiers looking to find homes in the area. He believes soldiers are being taken advantage of by some home inspectors and real-estate agents who know the soldiers have a steady housing income and often are conducting their home searches from long distances.

'ONE BIG BAND-AID'

Earlier this year, he realized the extent of the problems when he brought in a second home inspector who noted nine major faults, including a badly cracked chimney.

"If the first inspector had done a job like the second inspector, I wouldn't have bought this house," Sgt. Banaduc said.

He paid for the home with an HSBC bank loan and used the Department of Veterans Affairs' Loan Guaranty Home Loan Program. Neither requires home inspections.

A major problem has been mold he discovered behind the walls and underneath the floors of the bathroom, which apparently had been hidden by the previous owners. His two youngest daughters have asthma and allergies that he believes have worsened because of the mold and mildew.

He sent his three daughters away for the summer with their grandmother in South Carolina while he renovates.

After removing wall paneling in a bedroom, he found fire damage which had not been disclosed by the previous owner.

Many of the home's problems were behind the walls, beneath add-on flooring and above drop-ceilings, places home inspectors don't normally check.

"Little did we know the house was just one big Band-Aid," he wrote in a letter to HSBC, which gave him the loan. He asked them to lower his payments to a "manageable rate" so he could use the extra money to fix the house.

In an agreement Sgt. Banaduc signed with his inspector, the inspector would not check for mold, air quality or "items that are obstructed, inaccessible or not in plain view."

But the inspector never noted rotted wood throughout the home or pillars on the porch bowing from the weight of the house. In fact, the report stated the "home has a good foundation and structure."

Sgt. Banaduc had little luck after consulting civilian and military lawyers for possible recourse. One told him he'd be better off spending the potential legal fees on home improvements than for any litigation.

'LITERALLY GUT-WRENCHING'

About a quarter mile down the road from Sgt. Banaduc's home, Chief Warrant Officer Byron J. VanKirk, a helicopter pilot, had purchased a house with a VA-backed loan three years ago. He, too, feels his home inspection was inadequate.

"She's a 120-some-year-old turd with nice white vinyl," he said as he worked on the foundation. "I rushed in to buy a house I shouldn't have bought — plain and simple."

Sgt. Banaduc also feels he hurried into buying a home. The family spent nearly the first two months in Watertown living in a hotel room and was desperate for a place to live.

"There was nothing available," Sgt. Banaduc said.

In June, he gave an emotional presentation to Rep. William L. Owens, D-Plattsburgh, at a town hall meeting at Jefferson Community College, Watertown, about his experience. Mr. Owens began an inquiry into the matter.

"When I heard that young troop talk about that, it was literally gut-wrenching," Mr. Owens said.

Last week, the congressional inquiry concluded it is outside of the VA's authority to act on this case, but Mr. Owens's office recommended Sgt. Banaduc contact legal aid or military lawyers.

The congressman said the VA should not have authority to say if a house is worthy of buying.

"That would be an expansion that would go well beyond what is the appropriate role for government," he said.

He would, however, support a program for military families looking to buy a home to be paired with an experienced mentor.

WHERE TO TURN

There are resources available for veterans with mortgage-related financial distress.

■ By phone: Area veterans can call the VA regional loan center at 1 (877) 827-3702. They offer services such as pre-loan counseling and possible loan modification options for veterans regardless of whether or not it is a VA-backed loan.

■ Online: Information is also available at www.homeloans.va.gov, which links to Facebook and Twitter pages where one can ask general questions.

A HOME INSPECTION PRIMER

Here are some things to know about home inspectors:

■ Inspectors do a visual inspection. "I don't tear apart walls," said Michael D. Chapman, president of the Syracuse chapter of the American Society of Home Inspectors and owner of Closer Look Home Inspections Inc. "I don't take a sledgehammer with me."

■ Find your own home inspector, although they might be recommended by Realtors. "Your job is to pick them," said Lance M. Evans, executive director of the Jefferson-Lewis Board of Realtors. They work for "whoever is paying the bill."

■ Home inspections aren't pass or fail. "A home inspection will tell you what is wrong with the property," Mr. Evans said, so consumers can make more informed choices.

■ Mold identification isn't included in most inspections. Testing for mold takes separate certification apart from that of an inspector, Mr. Chapman said. They can, however, look for incidents that cause the moisture that lead to mold.

■ Associated inspectors meet higher standards. While home inspectors are required to have a license to work in New York, the standards for the credential are low, Mr. Chapman said. Associations such as his have more stringent standards than the state.

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PHOTOS
Gheorghe Banadue Jr. sits next to previously hidden fire damage and mold in an unused bedroom of his home Thursday in Antwerp. The fire damage and other problems were missed by a house inspector prior to purchase.
JUSTIN SORENSEN / WATERTOWN DAILY TIMES
Gheorghe Banadue Jr. sits next to previously hidden fire damage and mold in an unused bedroom of his home Thursday in Antwerp. The fire damage and other problems were missed by a house inspector prior to purchase.
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