Expert: Sue Bernstein - 11/7/2004

Question
Hi Sue,

I'm also an expert on this site in boxing, so feel free to ask me a question anytime!
My problem is that I bought an older condominium (about 30 yrs. old) in east county of San Diego back in May. Through the renovation process I noticed some evidence of mildew and mold on some walls, which I cleaned with bleach and tsp solution. It didn't rain here until about two weeks ago, at which time I noticed water pooling at the base of two walls downstairs. There was water discoloration around windows in the same walls. My guess is that water must be breaching the roof and literally running down the inside of the walls, and finally accumulating at the base.

This is in addition to embedded pet stains so deep into the wood subfloor that the subfloor had to be replaced,  and significant plumbing problems that will require considerable remediation (the seller left information on a post-it note indicating problems with the kitchen plumbing...after escrow closed).
The inspector never checked the roof (and I never signed the inspection report, either), and the seller did not disconnect dangerous wiring on the back porch as agreed before she moved out (I had it disconnected immediately when I took posession).

I guess my utlimate question is, does all what I have described simply fall into the "buyer beware" category, or is there any recourse available? Again, I've only been in the place for five months, and I shudder to think of what else I might discover!
The reality of replacing plumbing and removing mold from the walls, as well as the prospect of needing to replace the roof immediately is quite daunting.

Sorry for the long question; if it's too much to respond to I understand!

Thanks Sue!

Lian


Answer
Dear Lian,

From what you have described it seems as though the issues can be broken down into 3 areas.
You had a duty to inspect so the fact that you didn't sign the inspection report doesn't count for much.  If your water problem stems from the roof or any other system that is the responsibility of the homeowners association they would be responsible for the remediation.
You might have recourse from the owner from anything that you can show that they were aware of and did not disclose during escrow such as the plumbing problems and you might also have recourse from them for not correcting the wiring if they were supposed to do it prior to close of escrow.

I hope this helps and good luck.

Sue Bernstein
www.SueBernstein.com