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Additional Details
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Rent
Electricity
phone
water
gas (heating)
insurance (car)
gas (car)
groceries for home
drinks
meals eating out
entertainment (movies, ,shows, etc)<... |
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Critter Lady | Tricky legal question, but very urgent??? |
We just purchased a home, and moved in 1½ weeks ago (signed on 3-30-2007). We got the water turned on the same day as the signing.
After a week, we started noticing water building up in the front yard. We tried to find the main line feeding the house (thinking it was a leak where the water was showing) but couldn't find it. We finally called in 2 different plumbers, and to our dismay, they both said that the entire line was probably rusted out (it's galvinized steel), and needs replacing.
We asked if there was any way that A)we broke the line while moving in (we parked on top of where the line is while moving some furniture) or B)if the pipes not being used for the period between the old owners moving out and us moving in would have any bearing on it leaking. BOTH companies said NO.......that this had to have existed when the other owners were living here, too.
Nothing about this was diclosed prior to the sale. Do we have any recourse against them at all?
Additional Details
The estimated cost of replacing the entire line system is going to be about $2000......not to mention the cost of the water that we've lost. Both plumbing companies have stated that this would not have been found during the home inspection (which we had), and since the old owners had moved out over 9 months prior, there would have been no way for anyone to know the leak existed, unless they told us.
The state of Alabama (where we live) does have a clause concerning disclosure, but would it apply here, and if so, who do I need to contact? |
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Skip
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I am not an attorney, if you can find the old owners, see if they knew there was a leaking pipe. Check the neighborhood and see if anyone have seen the leak prior to your moving in. If one or two of the neighbors claim they had seen the water leak prior to you moving in make sure you get a statement signed by and notarized from them. You will find a notary in your local telephone book.
Since the old owners moved out about 9 months earlier, they might not have known about the leak, and your inspection person did not find out about the leak.
If you approached them you might suggest that they pay half to cure the problem.
If they previous owners refuse to pay you might take them to small claims as $2000.00 is within most small claims courts jurisdiction. Don't forget to take as many witnesses as you can and please take the notarized signed statements with you.
You should also take your turn on notice from the water company. You can also get the turn off date from the water company just tell them you are going to small claims court and that document is needed.
Get a statement as to the cost of repairing the leaks and you might also take the two plumbers with you or get a statement from them(Notarized)
I hope this has been of some use to you, good luck.
"FIGHT ON" |
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mazziatplay
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This is tricky because you will have to prove that the previus owners knew there was a problem and didn't disclose it. If you can find a neighbor who will testify inyour behalf it would help.
You need a lawyer. |
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M S
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Was a home buyers warranty included in your purchase? Usually it is for one year. If you aren't sure then check with your real estate agent. This sort of thing should be covered under that plan if you have it. That will be much easier than legal action, and it could be difficult to prove that they knew about it. |
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marleygirl
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so, i'm only an expert on water leaks, b/c we had one and it cost us hundreds in just a few weeks. if you could get a hold of the previous owners water bills somehow, that might show a spike in usage characterized by a massive water leak... |
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theshadow01
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Agreed. If the leak did not exist 9 months ago when the previous owner moved out they would not have been able to disclose this fact. You would have to be able to prove that the previous owner knew about the problem. Talk to the neighbors, see what they have to say. Good luck! |
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Kelly
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I have been a licensed REALTOR(R) in Florida since 01...laws may and probably do differ in Alabama, however, sellers are required by law to disclose material facts that they are aware of, based on the info you provided, I'd say you'd have a hard time proving they knew of the problem or that a problem truly existed 9 or more months ago. You may want to try your insurance co. or refer to your home warranty, you may have a claim. also refer to your closing documents and call your realtor (or owner/broker of the real estate co. that you chose as your buyers agent) if you were smart enough to use one, they can help with the local legal requirements (but also beware because if your agent made a mistake...well? it's thier license on the line, ya got it?) take all these steps first- because they are the most beneficial and they are free. I had a similiar situation, 3 home inspections and home warranty....seller was a builder and lived n home himself...was told thru all inspections that it was one the best homes they ever inspected...well...2 weeks after closing...parts of the well shatered..caused massive prblem $4k repair bill...home warranty would not cover it..seller truly had no knowledge...absolutely a freak accident...I was quick to want to pay for the repair but my commission was only $1700.xx.....(i spent another $200 on a closing gift)....good news was i had business connections/affiliates who did the job for pennies on the dollar..to stay in my good graces and continue getting refferal business from our office...so if you find yourself in that situation at least ask for a "favor"...sorry that happened to you. Best of luck to you! |
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mark101112
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The WATER was turned OFF to.... HIDE THAT PROBLEM!
Contact your Mortgage Lender and ADVISE THEM IMMEDIATELY!
Also you may need a Lawyer to START LEGAL PROCEEDINGS = IMMEDIATELY FOR NON-DISCLOSURE!
Thanks, RR |
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donna_honeycutt47
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Did you purchase the Buyers protection Plan. It will cover cost of repairing that kinda stuff and any other thing that needs to be repaired on your home for 1 year after the purchase date. Even if a Real Estate Agent was involved the water was turned off and she probably did not know about the Water problem. I would call the Agency that you purchased the home from just to cover your bases. |
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jim_elkins
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Quite often - in Texas at least - the buyer will require the seller to provide the buyer's protection insurance or plan. I sold my house last year and the cost ($2,000.00) was included in my portion of the closing costs. Cheap insurance for me - 3 months after the house sold the roof had to be replaced - $5,000.00 covered by the plan. |
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Yanswersmonitorsarenazis
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I've never seen a warranty on an existing home that would cover an issue like this. The ones I see would only cover major appliances for 1 year after purchase.
Get an attorney. Do it quick. |
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