Expert: liznarr - 9/14/2009

Question
We brought a house about two months ago.  We have since discovered two water leaks.  One to the main bathtub and one to the washing machine.  The washing machine was fixed with duct tape.  Both leaks were not disclosed.  Is there anything we can do to get the buyer to paid for this or are we out of luck?

Answer
Hi Teddy,

Hopefully, there was a disclosure form provided to you by the Seller which did not disclose these leaks.  With duct tape having been applied in the washing machine area, it sounds like the Seller surely must have been aware of that.  Take pictures to document what you have found.

If you had a home inspection performed on the home, a good inspector should have caught the duct tape.  Call the inspector if you had one done, and ask some pointed questions.  A reputable inspector usually carries Errors & Omissions insurance to cover their “misses.”

Next, I would get estimates from a licensed plumber to correct these problems.  If a plumber finds any damage, take more pictures of anything else he finds.  Additionally, I would ask the plumber to attach an explanation, if possible, as to how long he thinks these two leaks have been in existence.  Usually, if there is water-damaged wood in the area of the leaks, many times a good plumber can tell if this just happened, or if this has been in existence for quite a while.

Next, I would present the plumber’s estimate to the Seller, along with any pictures you have taken, and ask that he/she reimburse you for the cost of the repairs.  If there were any real estate agents involved in your purchase, get them involved to help you.  If they balk, talk to their broker-in-charge and ask him to get involved.

If the Seller refuses to pay, you then have to decide if the cost of the repairs is worth pursuing the matter along the legal route … or if it’s best to go ahead and take the loss and make the corrections yourself.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth