Expert: Russel Ray - 10/3/2007

Question
QUESTION: Hi,

We bought a home this spring. We looked at the house in February during a cold snap--the agent mistakenly turned the heat back off & froze the pipes, lot of damage. Then, turned the heat & water back on and flooded the house--the ceiling caved in under the bathroom.

Long story short, we loved the location & still wanted the home, so after much wrangling (bank owned property), we agreed that the seller would repair damage and we bought the place.

We just found out that the plumbing under the bathroom is really messed up--it's not even an enclosed system under the bathroom sink, and no trap from the tub. Our plumber says we need to redo the plumbing, and we'll have to tear up the ceiling downstairs for access.

Are we responsible for all the cost of this, or could the seller (bank) or agent's company be held responsible for a bad repair job, if in fact the bad plumbing was their repair guy's?

Thanks!

ANSWER: Hey, Jan.

There are simply too many variables for me to give you a helpful answer, especially since I don't know what state you're in. The best thing for you to do is to contact a good real estate attorney. Most of them will provide you with a free consultation to determine (1) if you have a case, (2) if they can help you, and (3) their cost for helping you.

I'm not sure I know what your plumber means by an "enclosed system under the bathroom sink." And how does he know that there is no trap from the bathtub? I would caution you in working with any repair person and to remember that they make a living by selling their products (plumbing supplies) and services (installation and repair). Even if your plumber is a friend or you've used him/her for a long time, get a couple more quotes. I had a Realtor call me a couple of years ago about three quotes she got for work on her foundation. She had quotes of $17,000, $23,000, and $57,000. Well the quote for $57,000 was from her best friends. So get some more quotes and opinions on the work that needs to be done.

Bank-owned properties in many states are exempt from various disclosures, lawsuits, etc., which is why it's important for you to consult with a good real estate attorney in your state. Depending on the bank, though, they might be willing to give you the name of the plumber who did the repair work, and you might be able to get him back out to do the work properly if it was his work.

Good luck.

---------- FOLLOW-UP ----------

QUESTION: Thanks, we'll do that!

Just for clarification: we're in Ohio,and the problems that the plumber referred to are visible. When the seller's contractors did the work, they left an open area behind the plumbing of the shower, and instead of a trap, there's a wide right angle looking pipe (plumber said that's for water only, not drainage), and when this recent plumber used a shop vac to push out  a blockage & improve drainage in the shower, water came up under the bathroom sink--plainly visible is pvc pipe coming down from bathroom sink, sitting inside a larger pvc pipe, where drainage can back up & just flow out.

It's possible we signed our rights away on the repair, since we had a chance to inspect before the sale--we don't think our inspector caught a lot of things. There was a lot of confusion going on at the time, and we're first time buyers--next time around I'd spend a lot more time & attention on the mechanics of the house.

thanks again!  

Answer
Hey, Jan.

Sounds like you have a pretty good mess on your hands, but it's possible that you didn't sign your rights away. I think what liability the bank has under Ohio law might be the deciding factor.

It's a shame that you might not have had a good, thorough home inspector, especially since Ohio is a hot bed of home inspection activity, with many of the nation's best franchises located there, as well as headquarters for several national trade associations being there or close by. It might also be worthwhile to call your inspector and talk with him about conditions he might have missed.