Expert: Karyn Foley - 7/7/2006

Question
Hi,
Last year we bought a house in Glendale, Arizona. The seller wrote on her disclosure that the plumbing was polybutelene. We then said we did not want to buy the house. She said she was wrong and the inspector backed her up and showed us that the interior of the house was copper. We had her add an note to the disclosure that there was no polybutelene.
One year later, we discovered that the main line from the street into the house is in fact polybutelene and it has been repaired a few times. We just had to have it completely replaced at a cost of $1700  since it is leaking. Looking back at her note on the disclosure we realized she wrote there is no polybutelene "in the house."
Knowing our concerns about the plumbing and the fact that we wouldn't purchase a house with these pipes, is she liable for the repairs? If so, how do we pursue this to get her to pay the cost?

Thanks for your time!

Kim Baron

Answer
Dear Kim:  I am sorry that you are going through such an upsetting incident.  It appears as if your seller was very crafty, but certainly not very nice or fair.  Illegal?  I don't know; you might want to follow up with your own agent and see what the disclosure laws are in your area.  Your agent should see if the seller would be cooperative, and perhaps sharing in the expense.  If not, you could always try small claims court.  These courts usually favor the underdog and you have nothing to lose. Also, I would invest in a plumber to see if indeed the home is not polybutelene.  If it turns out it is, there may be some fraud involved.  Only an attorney can tell you what you might do to resolve this issue.  A few dollars spent there can best direct you in pursing or not persuing, especially helpful knowing your strengths if you do go to small claims court.  Knowing the law on this matter can help you tremendously.  Let me know what your agent says, what you are going to do, and if I can answer any more questions that will probably arise.  Good luck to you, Karyn Foley