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tomcat14

REaltor didnt disclose house froze and had leaks

tomcat14
14 years ago

My wife and I bought a house. We closed on it and went to clean and turn on the water which had been shut off. We didnt return to the house for 8 days afterwords at which time we found that the house had been leaking for 8 days from bursted water pipes that had occured before we bought it. It did over 10 thousand dollars damage in the basement. We had every inspection done prior to buying it. the inspector didnt find the leak because it was in the basement ceiling and the water was only turned on for the inspection, then turned off again. The plumber we called to repair it just so happened to be the same plumber that was called to the house by the selling agent prior to us buying it to repair numerous leakes from it being frozen. The plumber told us he was there when the house was winterized, and dewinterized and told the selling agent of all the leaks and wanted to know what to do about them. The selling agent chose not to fix them OR disclose any of the leaks, or that they let the propane run out and froze the house. The plumber is very familiar with the house and can verify everything. He is in an awkward position because the selling agent is his friend. In my opinion the selling agent is liable for not disclosing the house froze and the numerous leaks. Am I correct, and if so what are the steps to hold her liable?? If anyone can Help please do!

Comments (4)

  • Billl
    14 years ago

    If you take the agent/seller to court, you will probably be able to win damages for the actual cost to repair the burst pipe. The damaged caused by you turning on the water and then not checking it for 8 days is likely going to be your responsibility.

  • notto
    14 years ago

    #1 Call your attorney. The laws in YOUR state will apply.

    IF the leak was there before the closing and the agent was told about it FOR SURE, proceed with what your atty tells you to do. Probably notify her broker. If you get nowhere, notify the RE body in your state. They have a fund which pays for REAs messes. Plus, she should have malpractice insurance. Third, the previous owners are liable.

    Technically, if all this happened before the closing you should get money from 3 sources- the owners, the agent's malpractice, and the RE governing body in your state. Good luck, though.

    The owners were not made aware of this prior to closing?
    IF the agent was told (of course, you may have "she said, he said" type of a situation if it's not in writing)she should have disclosed it.

    It seems that TWO parties are liable-the owners and the agent.

    It's realtors like that that give the entire profession a bad name. All they want is their commission.

  • creek_side
    14 years ago

    Talk to a real estate attorney. If your attorney is not a real estate attorney, ask for a recommendation from him/her.

    Do not discuss this with anyone else before talking to an attorney.

  • logic
    14 years ago

    tomcat14: "We had every inspection done prior to buying it. the inspector didnt find the leak because it was in the basement ceiling and the water was only turned on for the inspection, then turned off again."

    FWIW, intelligent and responsible home inspectors will warn you that a plumbin inspection is pretty much meaningless unless the water has been turned on for at minimum 48 hours prior to inspection. It is not a regulation, merely common sense.

    Did the inspector know the water had been off prior to the inspection, and had just been turned on? If so, did he warn you of the limitations in the pre-inspection agreement and/or did he include any disclaimer in the report that it is not possible to evaluate the plumbing for leaks because the water had just been turned on?

    If so, that could undermine you case in that you were warned and failed to act on the warning.

    Be that as it may, your REA seems to be a real con artist. I wish you success in your legal pursuit.