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We have discovered a deliberate cover up of a water leak. Our MBR shower pan is broken and has been leaking water. As we ripped out the flooring and baseboards we can see that the leak has rotted out the wood around it (it's on slab, fortunately).
Our home inspection at the end of May did not make note of anything visible, but it's obvious the damage is long term, so we know it was just a cosmetic coverup.
Should we sue the seller? What kind of lawyer specializes in this?
If the damage was not visible to the inspector, is there something that indicates the seller was aware.
Your complaint would be they did not disclose any known defects. What are you going to tell a lawyer that will show they knew the shower had a problem ?
Prove it! You have the burden of proof. The sellers don't necessarily have to prove they didn't know about it, but you have to prove that they did. If an inspector didn't find a cover up, what makes you think the sellers we trying to hide anything?
If your inspector didn't note it, you have no recourse. There is absolutely no proof that the seller or anyone else involved knew of the problem. I am so paranoid about this that I got two inspectors to look at things before we put the offer on our house.
Ok, let me give you the cliffnotes version.
1.Water has totally rotted out the supporting structure. This does not happen in 3 months.
2. All the missing and mildewy grout in the shower was covered with sparkly white silicone, and so was along the baseboard in order to temporarily stop the water from leaking out. The baseboard was freshly painted.
3. The staining on the vinyl floor, which was evident before we bought the house but attributed to something being spilled on the surface, turned out to be the result of the adhesive being all mildewed underneath.
This will not be an insurance claim, since there is rot present.
The seller obviously lied on the disclosure.
We are taking photos of everything.
I don't really know what other conclusion a reasonable person could arrive at.
If your inspector didn't note it, you have no recourse. There is absolutely no proof that the seller or anyone else involved knew of the problem. I am so paranoid about this that I got two inspectors to look at things before we put the offer on our house.
My inspector didn't note it because they had covered it up.
Ok, let me give you the cliffnotes version.
1.Water has totally rotted out the supporting structure. This does not happen in 3 months.
2. All the missing and mildewy grout in the shower was covered with sparkly white silicone, and so was along the baseboard in order to temporarily stop the water from leaking out. The baseboard was freshly painted.
3. The staining on the vinyl floor, which was evident before we bought the house but attributed to something being spilled on the surface, turned out to be the result of the adhesive being all mildewed underneath.
This will not be an insurance claim, since there is rot present.
The seller obviously lied on the disclosure.
We are taking photos of everything.
I don't really know what other conclusion a reasonable person could arrive at.
Now imagine yourself in court.
How would you prove the previous owners covered anything with silicone? You could have done that yourself.
How would you prove the staining existed before you bought the house?
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