Please help! Home inspector damaged new house!

 I am about to purchase a new house (new construction - a "spec" home).

I hired an inspector, who conducted an inspection on Feb 11.  He
didn't find anything but minor problems (paint, trim, etc.)
However, during the inspection, a steel garage door was damaged (bent
at the top) when the inspector activated the electric opener while the
door was locked.  (There are two garage doors, a double-car and a
single-car; both were locked when he activated the openers, but only
the single-car door suffered any damage.)  He put into his report that
the single-car door needed to have a top brace installed (like the
double-car door has).  He demonstrated that, indeed, the double-car
door does not suffer any damage if the opener is activated with the
door locked.  He also commented, "They're not supposed to leave the
garage doors locked."

One of the builder's reps happened to come by as I was leaving the
property afterward (the inspector had already left).  I mentioned the
damaged door, and he said "He tried to open the door when it was
locked, didn't he?" and mumbled, "Well.....we'll take care of it."

Now, the builder/seller is resisting doing anything about the bent
door, taking the position that it's not his responsibility, but mine
or the inspector's.

What should I do?

My walk-through is this Friday; I'm scheduled to close on the house
March 5.
(This is in Alabama, BTW.)

Thanks for any advice!

  Common sense tells me that it's not the builders fault. Your inspector
should have checked to make sure the garage doors were not locked when he
tried the activators. If he doesn't take the responsibility, then you are
stuck.

 Well if the builder's rep. agreed to fix it....that is a verbal contract and
I'd hold them to it ....or have them drop the price before closing?

A good builder would eat the cost for a happy customer.

I'd also chase down the inspector hold him accountable?

Perhaps get the builder and the inspector to split the cost?

 On Mon, 23 Feb 2004 17:27:59 -0500, someone wrote:


And common sense tells me it *is*.

To me, its equivalent to trying a door and finding it is locked, this
should not damage the door.  

This could easily happen to a homeowner, somone else in the household
has locked the door and than hubby coming home from work and hits the
remote.  Any garage door that would be damaged by someone pulling up
on it with normal strength, or activating an opener, is DEFECTIVE
CONSTRUCTION in my opinion.  An opener only applies a limited amount
of force, the door should be able to withstand it.  From outside, on
an unfamiliar door, how do you tell if it is locked except to try it?
It is ludicrous that the door is so delicate that it cannot be tried.
(Remember, the other one was fine with this.)  I think the builder
just tried to cheap out.

You are unlikely to be able to sue the builder after closing due to
doctrine of merger, so I really think you should try to get them to
fix it first.  If not you can either delay closing or eat it.  Is is a
buyer's or seller's market where you are, will they care if you
threaten to walk out?

-v.

 On 23 Feb 2004 14:19:01 -0800, dmcromer@mchsi.com (Dan C) wrote:


My .02: It is inevitable that someone will try (I'm betting sooner
than later) to actuate the door when it is locked. The first time you
return from vacation for example.

This shouldn't damage the door.  The builder (or door sub) should
spring to make it right.

Paul