[kidyankee764]

We recently purchased a home that was built in the 1970s. The seller disclosure form states that the owners had no water leaking in the basement in the three years they've lived there. The house does have a sump pump that works but last week, it filled with a few inches of water with the downpours we had, and there is also leaking in the garage. We're in a shoreline town but not a flood-prone area. We spoke to our neighbor who said the sellers had a ton of problems with water, and we called a local company for help who said this was the third time he's visited the house in two years. None of this was disclosed at the time of sale.

Were we just naive buyers or should this info have been disclosed to us?

[iypoon]

Originally Posted by kidyankee764

We recently purchased a home that was built in the 1970s. The seller disclosure form states that the owners had no water leaking in the basement in the three years they've lived there. The house does have a sump pump that works but last week, it filled with a few inches of water with the downpours we had, and there is also leaking in the garage. We're in a shoreline town but not a flood-prone area. We spoke to our neighbor who said the sellers had a ton of problems with water, and we called a local company for help who said this was the third time he's visited the house in two years. None of this was disclosed at the time of sale.

Were we just naive buyers or should this info have been disclosed to us?

Obviously this should have been disclosed to you. If you have a copy of the disclosures, maybe talk to a lawyer.

[Rich Lee]

Originally Posted by kidyankee764

We recently purchased a home that was built in the 1970s. The seller disclosure form states that the owners had no water leaking in the basement in the three years they've lived there. The house does have a sump pump that works but last week, it filled with a few inches of water with the downpours we had, and there is also leaking in the garage. We're in a shoreline town but not a flood-prone area. We spoke to our neighbor who said the sellers had a ton of problems with water, and we called a local company for help who said this was the third time he's visited the house in two years. None of this was disclosed at the time of sale.

Were we just naive buyers or should this info have been disclosed to us?

You need to determine a few facts before proceeding: 1) what does your neighbor mean when (s)he said the prior owners had a "ton of problems with water"; 2) were these the same people who sold it to you or was it beyond that 3-year window; and 3) did the seller make repairs that stopped it for the remainder of their possession. Even if they did, they should have disclosed that they had problems at some point.

Contact the agent and attorney who represented you. If your neighbor can remember specific actions that the previous owners had to take during these episodes, see if they'd be willing to go on record. It wouldn't be a bad idea to start making copies of the inspection report and the property condition disclosure, too.

Good luck...

[kidyankee764]

Originally Posted by Rich Lee

You need to determine a few facts before proceeding: 1) what does your neighbor mean when (s)he said the prior owners had a "ton of problems with water"; 2) were these the same people who sold it to you or was it beyond that 3-year window; and 3) did the seller make repairs that stopped it for the remainder of their possession. Even if they did, they should have disclosed that they had problems at some point.

Contact the agent and attorney who represented you. If your neighbor can remember specific actions that the previous owners had to take during these episodes, see if they'd be willing to go on record. It wouldn't be a bad idea to start making copies of the inspection report, too.

Good luck...

To answer your questions -

1. The sellers lived in the home since January 2007 and had to install the sump pump right after moving in (March 2007) with no problems after, but their (our) neighbor said even after the sump pump was installed they had leaking in the back corner of the basement adjacent to the garage (the garage is on the main level, not lower).

2. They are the same people who sold it to us.

The neighbor wasn't happy with these people because the water from the sump pump exits onto his property and causes a huge puddle in his backyard. I was nervous that we could be responsible for any damage to his property because of this. The sellers sound like great people, huh?

Thanks guys. The past week has been a little stressful. Had we known about water issues, it probably would have been a deal-breaker.

[Rich Lee]

Installation of a sump pump doesn't mean that there was water in the basement. However, your argument is more convincing when you state that water from the sump pump was draining onto the neighbor's property. You could be liable for damage to his property caused by the sump pump. I was just talking to my ex-sister-in-law about a similar matter (curtain drains).

At this point, get your attorney involved. Was your real estate transaction dual agency?

[kidyankee764]

Originally Posted by Rich Lee

Installation of a sump pump doesn't mean that there was water in the basement. However, your argument is more convincing when you state that water from the sump pump was draining onto the neighbor's property. You could be liable for damage to his property caused by the sump pump. I was just talking to my ex-sister-in-law about a similar matter (curtain drains).

At this point, get your attorney involved. Was your real estate transaction dual agency?

Thanks Rich - we had our own agent.

[JayCT]

Kid - Sorry to hear about your troubles. Welcome to the joys of home ownership! Jay

PS - Rich excellent reply. I would add to your reputation points but it won't let me. Jay

[kidyankee764]

Originally Posted by JayCT

Kid - Sorry to hear about your troubles. Welcome to the joys of home ownership! Jay

My father said the same thing, verbatim.

[iypoon]

Originally Posted by Rich Lee

Installation of a sump pump doesn't mean that there was water in the basement. However, your argument is more convincing when you state that water from the sump pump was draining onto the neighbor's property. You could be liable for damage to his property caused by the sump pump. I was just talking to my ex-sister-in-law about a similar matter (curtain drains).

At this point, get your attorney involved. Was your real estate transaction dual agency?

Don't sump pumps always drain into the waste water line and into the city sewer (assuming you have city sewer/water)

[JViello]

Originally Posted by kidyankee764

My father said the same thing, verbatim.

Well here is #3.

Short reply...IMO The neighbor is pretty much useless in court so let hersay from him go to the wayside. I've had serious spats with a French Canadian neighbor who is simply an ignorant fool and I"m sure he would badmouth me to "new owners" if given the chance. Second, perhaps they really never did have the problems and the pump was installed as a "safety"? (Just playing devils advocate.)

In the end, you can fix it. You'll spend WAY more in lawyer fees then a remedy IMO...your' dad was correct. Sometimes you just have to suck it up and get it done. Check some basic things like where your gutters drain...any cracks in the foundation etc. I had a lot of water in my basement...just relocated a drain that was dumping water against the house and almost 10 years later, not a drop. Should I disclose that?