Expert: John McKenna, CMI - 2/14/2007

Question
I just moved into my house and have a leak in the ceiling of my kitchen (from use of the bathtub above). When the inspector and I brought up the issue of the cracked ceiling and water damaged floor, the owner said that the plumbing was fixed and that the damage was due to a one time tub overflow. Obviously they are being dishonest. What should I do? Who is responsible for repair and what are my rights?
Thank you

Answer
Did the inspector test the area for moisture with a
moisture meter?  Sometimes things look repaired, but
they may still have the moisture present and the problem
was just covered up to make a sale.  At this point
it would be hard to know for sure.

Did the inspector tell you to have further inspections,
to ensure that the plumbing leak was indeed repaired?
If it looked OK at the time of the inspection, it
would be hard to predict that the problem would show
it's symptoms later.  Hind sight is always 20/20.

Did the seller show you a receipt from a qualified
and licensed plumber?  This should have raised a
red flag if there was not a plumber involved in
making the original repairs.  

If the inspector disclosed the problem to you then
he did his job based on a visual inspection.  If
the seller disclosed the problem to you base on the
information they had at the time of the sale, they
did their honest part also... maybe.

If the seller knew the leak was still not repaired
and just covered the problem, then that would be
deceitful and illegal.  

It may be a combination of improper repairs that did
not work like they should, and a seller that told you
about the repairs, but did not offer to reveal that
the repairs were less than professional.

All these comments are just speculation on my part.

For now, make the repairs to the plumbing and all the areas
affected by the moisture and then send the bill to the
seller and see what happens.  If the seller said the
repairs were made in their disclosure statement, then
they may be required to make it good... since the leak
is still present.

If you want to take it to small claims court, you may
want to take pictures and verify dates before the
repairs are covered up.  

Also note that moisture that is trapped above the ceiling
can be conducive to fungi (mold), decay, and termites.
Make sure none of these problems are present before you
complete the repair process.  Seek Professional help on
this.

Always seek the advise of a qualified lawyer when
seeking legal advise (my disclaimer).

In the future, always try to verify repairs have been
done by qualified Professionals.  If something goes
wrong after the sale of the house, you will a written
warranty from a Professional to fall back on.

Good luck and I hope this has helped you.

John McKenna, CMI
Certified Master Inspector
American Home Inspection
http://texas-inspection.com