Buying or Selling a Home/Non disclosed problem

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Expert: - 10/15/2008


Question
We bought and moved into our new/used home about 3 weeks ago. It has a underground water tank. We filled it up with 1200 gallons and used allot of water the first week and a half there, all of it as a matter of fact. A week ago we got another 1200 gallons delivered and less then 7 days later it's empty. This last week we used very little water to conserve but still ran out and that leads me to belive there is a leak in the underground tank. We live in Fairbanks Alaska and my question is: Am I stuck with the problem or is there a buyer protection element for non disclosed problems?

Answer
Hey, Michael.

The amount of water you use will be affected by the number of toilet flushes, showers, baths, dishwashing, clothes washing, and landscape irrigation. I've gone through a similar problem down here, and it was related to the owners not realizing that their landscape irrigation system watered very quietly each night at 3:00 a.m. Additionally, leaks in the irrigation system would be much more common than a leak in the underground tank.

I'm not familiar with the real estate disclosure laws in Alaska, but generally in all states sellers have to disclose known problems. In this case, though, it could be difficult to determine that the problem existed while the sellers owned the house. You didn't say when your home was built, so if the underground tank is, say, 25 years old or older, it might just be time for it to give up the ghost in your environment.

Try calling the water department and getting the amount of the monthly bills. Even that, though, won't be all-telling because you don't know the personal habits, watering habits, etc., of the seller.

Also try calling underground tank repair professionals within about a 5-mile radius to see if any of them were called about the property, or did repairs on the property.

Also check your homeowner's insurance policy to determine how they handle underground utilities.

Hope that helps.

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Russel Ray

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Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run. I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more. I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.

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Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.

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National Association of Certified Home Inspector, Better Business Bureau of San Diego

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Graduate of Texas A&M University; College Station, Texas

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