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Started By
Message
OT Lawyers, do I have any recourse with plumbing issue in new home purchase?
Posted on 5/6/21 at 6:10 pm
Posted on 5/6/21 at 6:10 pm
I closed on a home less than a week ago. Earlier this week a body of water started forming under the carpet. Coincidentally it was raining so we thought the worse, crack in he foundation. Come to find out there is a pipe in the wall that is leaking and the water is traveling down under the baseboard and under the carpet. We also found out that the previous owners knew about this problem because the wall where the pipe is had been freshly painted along with a new baseboard attachment.
The carpet, along with the underlying foam is destroyed, the drywall is destroyed from having to go in and fix the leak, the baseboard is destroyed. My home warranty will only cover the leak repair and no other consequential damage. Im not waiting to get any of it fixed but my question is, is there any recourse towards the sellers, sellers realtor, home inspector etc?
The carpet, along with the underlying foam is destroyed, the drywall is destroyed from having to go in and fix the leak, the baseboard is destroyed. My home warranty will only cover the leak repair and no other consequential damage. Im not waiting to get any of it fixed but my question is, is there any recourse towards the sellers, sellers realtor, home inspector etc?
18
Posted on 5/6/21 at 6:11 pm to 13SaintTiger
quote:
We also found out that the previous owners knew about this problem because the wall where the pipe is had been freshly painted along with a new baseboard attachment.
Did they note it on the property condition disclosure?
Did you have a home inspection done?
quote:
home inspector etc?
ETA: I see you answered this. Those guys are hard to sue because they have so many disclosures and outs in their report and contract. It would have to be blatant to sue one of them and with it being hidden by drywall, I doubt you can get anything out of it because I bet $1000 there is a disclosure absolving him of this.
This post was edited on 5/6/21 at 6:14 pm
Posted on 5/6/21 at 6:12 pm to 13SaintTiger
quote:
my question is, is there any recourse towards the sellers, sellers realtor, home inspector etc?
Absolutely
I hate lawyers but this is where you lawyer up
It is clear they tried to hide a problem with the home
Posted on 5/6/21 at 6:13 pm to 13SaintTiger
Did you sign a redhibitory waiver in your deed?
This post was edited on 5/6/21 at 6:14 pm
Posted on 5/6/21 at 6:14 pm to 13SaintTiger
Based on your listed location, you need to consult an Italian lawyer.
Posted on 5/6/21 at 6:15 pm to 13SaintTiger
quote:
is there any recourse towards the sellers, sellers realtor, home inspector etc?
No.
Posted on 5/6/21 at 6:16 pm to 13SaintTiger
If it pops up on the inspection report I think you’re stuck with it. Did you get an inspection?
Posted on 5/6/21 at 6:18 pm to 13SaintTiger
May end up costing more to fight it than to just get new stuff to replace it
Posted on 5/6/21 at 6:21 pm to East Coast Band
quote:
May end up costing more to fight it than to just get new stuff to replace i
This is probably closer to the truth than not.
Posted on 5/6/21 at 6:21 pm to 13SaintTiger
quote:
We also found out that the previous owners knew about this problem because the wall where the pipe is had been freshly painted along with a new baseboard attachment.
If you can prove they knew of the defect and hid it from you, you absolutely have a case. But if they knew about it and you didn’t ask and they didn’t attempt to conceal it from you, you’re pretty much stuck.
Posted on 5/6/21 at 6:23 pm to blueboxer1119
quote:
No.
False
Posted on 5/6/21 at 6:24 pm to AbitaFan08
quote:
ut if they knew about it and you didn’t ask and they didn’t attempt to conceal it from you, you’re pretty much stuck.
This is why property condition disclosure exists. How was he supposed to ask if a pipe in a wall leaked? He may not think of it but mandatory disclosure forms do and make sure you list known defects.
Posted on 5/6/21 at 6:25 pm to 13SaintTiger
Does homeowners insurance not cover this?
I thought I read a while back than an unexpected and sudden pipe leak would be covered by HOI
I thought I read a while back than an unexpected and sudden pipe leak would be covered by HOI
This post was edited on 5/6/21 at 6:27 pm
Posted on 5/6/21 at 6:25 pm to stout
quote:
see you answered this. Those guys are hard to sue because they have so many disclosures and outs in their report and contract. It would have to be blatant to sue one of them and with it being hidden by drywall, I doubt you can get anything out of it because I bet $1000 there is a disclosure absolving him of this.
What about the seller? It sounds like the juice isn’t worth the squeeze. I have evidence the area was tampered with but it was not noted on the home inspection.
Posted on 5/6/21 at 6:26 pm to East Coast Band
quote:
May end up costing more to fight it than to just get new stuff to replace it
Probably but on the flip side, if they hid this then what else may be hidden. He should at least make them aware of it in case he needs a paper trail in the future.
Posted on 5/6/21 at 6:28 pm to 13SaintTiger
quote:
What about the seller?
Yes you can as long as it wasn't "as is" and they failed to mention it in the report you may have a case. Also, see my post just below you. I would at least want it on record in case any other issues pop up.
For example, termites love wet wood and moisture, so if that leak was there for any length of time, are there hidden termite damages you know nothing about right now.
Posted on 5/6/21 at 6:28 pm to stout
IMO its worth spending a little more to bust their arse than to just let them get away with it, but I'm pretty vindictive.
Posted on 5/6/21 at 6:28 pm to 13SaintTiger
Depends on where you are too. For instance, Alabama is a hold harmless state. That is, if you or the inspector didn’t do your/their due diligence to find the problem, it’s on you. And inspectors can miss a lot.
*I found all this out because the house I currently live in, built by the previous owners, had a leak too. They did the same as your scenario. I spent enough to buy a small house to fix it. Insurance wouldn’t cover it either. frickers didn’t overlap underlay, and didn’t glue it together where it did overlap, on a porch over a walk-out basement.
*I found all this out because the house I currently live in, built by the previous owners, had a leak too. They did the same as your scenario. I spent enough to buy a small house to fix it. Insurance wouldn’t cover it either. frickers didn’t overlap underlay, and didn’t glue it together where it did overlap, on a porch over a walk-out basement.
Posted on 5/6/21 at 6:32 pm to pngtiger
Crap. I’m in Alabama. What constitutes due diligence for something that isn’t noticeable until it happens?
This post was edited on 5/6/21 at 6:33 pm
Posted on 5/6/21 at 6:33 pm to JPLSU1981
quote:
Does homeowners insurance not cover this?
I thought I read a while back than an unexpected and sudden pipe leak would be covered by HOI
If there’s rot, mildew, or any evidence it was a long-standing problem, insurance will not cover it.
If it is a sudden pipe leak that floods the house, they will. Based on OPs explanation, he can try insurance route, but won’t get far.
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