[grey1988]

I bought a house I. Royal Highlands, during inspection we found the house had a water leak. The seller claimed it was the toilets so the had the toilets fixed. Well I said that I foe sure was more than that and by the time we closed escrow my inspector sid t have a chance to find the actual leak. Well the day after closing escrow I called the water Co. and they stated the home has has a continuous leak for 4 months and notices stated that. I got the meter reading and noticed the house was using 1000 gallons a day. I spoke with the previous owner and they said they never got the notices and it's normal to have that high usage. Well I lad a leak detection company come out and they found the pool auto fill was leaking. 2200 to fix. So I sent the previous owner the estimate and they agreed to pay half. Then they wanted something in writing that they would not owe after that. I Sent them something stating they would not be held liable for the after leak if they agree to lY half the 2200. Now they r saying they will not pay unless I add this to the agreement. " Buyer will assume all unknowing risks on the property and wewill not hear from him regarding future property matters" I do not feel comfortable signing this but they won't pay half unless I do. What is the are lying about something else? If I take them to small claims court how do I get the records showing that the water Company said they had a continuous for several months? I have verbal records showing ridiculous water Consumption

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[grey1988]

Sorry for the typos. Cell phone

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[lvoc]

Send them a demand letter for the whole $2200. The water bills are available from the Water Company or worse can be subpoenaed.

File suit if they don't respond. Settle if they offer reasonable terms.

Somebody paid the water bill..or certainly had knowledge of it.

That sort of leak should always be found by a competent inspector. He may not know where it is but he knows there is a leak. Now if you bought it anyway?

[eventusstultorummagister]

Nevada has some of the strongest disclosure laws in the country concerning real estate sales. NRS 116.4103

If a seller fails to notify the purchaser of serious defects affecting the quality of the property, the purchaser has a number of options...

Cancel the purchase of the property without being penalized
Receive a full return of their deposit
Recover any legal fees spent
Recover money spent on repairs

[LVNVTrucker]

Originally Posted by eventusstultorummagister

Nevada has some of the strongest disclosure laws in the country concerning real estate sales. NRS 116.4103

If a seller fails to notify the purchaser of serious defects affecting the quality of the property, the purchaser has a number of options...

Cancel the purchase of the property without being penalized
Receive a full return of their deposit
Recover any legal fees spent
Recover money spent on repairs

I agree 100%. 30,000 gals a month for multiple months, please, sounds like non-disclosure to me. Where are you living, a golf course with olympic sized swimming pool with a running stream to the nearest flood control channel? Any trout fishing?

I just got my bill yesterday from LVVWD. Says I use 235 gals a day on average. And I think thats high. Of course I don't have a pool. But its 3 BD 2.5 BT with 1/10 acre of shrubs that get watered every night (ooops its Sept now, I mean I water 3 times a week ) by drip irrigation.

[007 license to sell]

The seller signed the SRPD and didn't disclose this issue, the SRPD protects you, before you do anything else you need to contact an attorney because this sounds like you may have purchased a money pit.

[grey1988]

Thanks for the info. Anyone know a good real estate attorney in Vegas?

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[lvoc]

The actual operative law is contained in the SRPD which you should have received...

4. Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser or his agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney’s fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.

Note however that I doubt very much an RE lawyer will take such a case on a contingency so you are probably talking a front end of $3,000 to $5,000. And be careful not to lose...because you could then end up paying the defendants legal fees.

I personally do not feel there is enough money involved to engage lawyers. This should be pursued in small claims.

If you do go the lawyer route stay away from the RE specialists. They are uniformly expensive and you don't need their knowledge. Find some under payed new guy who will take it on cheap.

[WestieJeff]

How did a pool auto fill cost $2200 to fix? The auto fill mechanism itself costs under $150. Did they have to remove and replace concrete to fix whatever the problem was?

I hired a RE attorney once. Cost me $800 upfront to write the initial letter with "additional correspondence" to be extra. I had a seller who didn't want to sell me a property back when prices were going up. The attorney said if we actually had to go to court it would cost 10-15k+ in her fees. She said we basically hope to settle with the letter.

In the end I paid $1200 in "letter and correspondence" costs. The seller ended up finally agreeing to sell the property, but refused to pay the $1200 in legal fees. My option at that point was to front 10k+ to actually take him to court, hope I win, and then hope I can collect or do what I did, which was agree to settle and pay $1200 out of my own pocket.

My point being, do small claims if at all possible.

[observer53]

Originally Posted by lvoc

The actual operative law is contained in the SRPD which you should have received...

4. Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser or his agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney’s fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.

Note however that I doubt very much an RE lawyer will take such a case on a contingency so you are probably talking a front end of $3,000 to $5,000. And be careful not to lose...because you could then end up paying the defendants legal fees.

I personally do not feel there is enough money involved to engage lawyers. This should be pursued in small claims.

If you do go the lawyer route stay away from the RE specialists. They are uniformly expensive and you don't need their knowledge. Find some under payed new guy who will take it on cheap.

The problem I would see with going to small claims on this is that there may actually be other defects in this house that haven't turned up yet, that the seller also knew about. So, I'd seek legal advice from someone who has at least some familiarity with real estate law... doesn't have to be a high priced specialist, but you don't need to pay someone to get up to speed, either.