Expert: Matt Heisler - 9/6/2007

Question
Hi, I hope you can help. I purchased a condo in Boston June 2007.  It was converted to a condo in 2006 and work was finished in 2007. The entire apartment was renovated including new plumbing for dishwasher, dryer, washer and gas fired burner in basement. A leak was spotted by our inspector and we were told it was fixed by the broker. Now its still leaking and we have mold. In addition, my friend who sells and installs burners says ours is installed incorrectly, some plumbing you can see in the basement is backwards, the gas lines from our dryer which in our condo is connected to the wrong meter, and various other bits...however, the leak and the burner are our main concern. What should we do next? We Don't know who did the actual plumbing, no permits were pulled, we cant reach the seller as he is not in the country at this time, his attorney is playing stupid and well....I've thought about having everything inspected by a master plumber. What should we do? thanks

Answer
Hi Jessica:

1) Anytime I sell new construction (which is what this is) I usually make sure that I get a warranty.  A warranty will be spelled out in your purchase and sale, and typically covers major defects for around 1 year.
2) I'm guessing that the "Broker" you're talking about represented the SELLER, right?  Did you have an agent representing your interests?  Did you have an attorney representing your interests?  Either one of these people should have known to include a warranty.
3) Since you probably don't have a warranty, you will now need to review your condo documents.  These documents explain what you personally are responsible for, and what the association is responsible for.  YOU are likely responsible for interior walls, doors, floors, etc.  The association is typically responsible for windows, burners, and potentially the gas lines.  If less than 50% of the units are sold, the builder may still be responsible for the association.
4) In any case, finding out who is responsible doesn't get it fixed. Since you are talking about some safety issues here, I would recommend getting them fixed, and worry about who pays later.  Once you know who is responsible, confront them and/or get an attorney and get them to address the claim.  You may want to do this first.
5) Lastly, No major work can be done without pulling permits.  If those permits haven't been pulled, you have a BIG problem. YOU and your fellow owners will be responsible for getting that work signed off by the City of Boston.  And there is no guarantee that they will. Otherwise, it will be difficult to sell your unit when the time comes.
6) In the future, it seems to me that you have skipped several steps to protect yourself - a Buyer's agent, A buyer's attorney, a warranty, an inspection, a punch list, a permit check.  The sum total of those items would likely have been about $700, and you would be on much firmer ground to address these issues.  I once had to have a builder put $20,000 in escrow to make sure he would address certain issues after close - it doesn't sound like you have any leverage at all.

So, to sum up:
1) Fix the leaks and/or any unsafe conditions immediately.
2) Get an attorney
3) Understand who is legally responsible
4) Be prepared that it is likely that YOU will be responsible.  You have an obligation to find defects before you close.  After you close, these issues are usually the responsibility of the owner, unless there is a warranty.

I know this isn't the answer that you wanted - but you need to be clear on the situation before it gets any worse.  Be safe, and get help - you need it.

Sincerely,

Matt Heisler