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Old 12-26-2008, 01:14 AM
 
Location: NC close to the MTs and near the lakes.
2,766 posts, read 3,492,185 times
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My daughters bil and sil just bought a home that was built in 1966. They were told that all the pipes were replaced. A few days ago they had a problem with their kitchen pipes. They called the warrenty co and were told they would not fix it. They then called a plumber and when he came over he said all the pipes were new except the kitchens. He also said most likely the reason being the pipes were under the concreat slap and that would have cost to much money to fix. I am sure the sellers had to know about this problem. What can be done if anything. The home is in CA and they paid over $400,000 for ths house.
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Old 12-26-2008, 07:14 AM
 
Location: Raleigh, NC
998 posts, read 3,462,973 times
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I don't think anyone would be able to give you a definitive answer on this forum. It depends on: what the contract states, depends if the comment was verbal or written, it depends on your state's guidelines, depends on what the property disclosure guidelines are, etc. You really need to contact a real estate attorney to advise you.
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Old 12-26-2008, 11:14 AM
 
1,305 posts, read 747,925 times
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I think my first question what would your daughters like to have done about this? Is there still a problem with the kitchen pipes that has not been fixed? How long ago did they close on the house?

Your daughters should have received a sellers disclosure where the sellers stated known facts about the house. If they put in this disclosure form that all pipes had been replaced, your daughters could consider contacting an attorney and seeing if the sellers are liable for failing to accurately disclose.

However - you say that all the pipes were replaced except those under the slab. That makes a lot of sense to me and if I replaced all the pipes in the house that were above the slab I might have forgotten about the ones below the slab. So the sellers may honestly have forgetton or did not know that the pipes below the slab were not replaced as well. If they didn't know - they probably can't be held accountable for this.

The fact they paid over $XXX,XXX doesn't weigh in to this problem. It may seem like a lot of money but that is what the market value of this home is.
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Old 12-26-2008, 11:33 AM
 
Location: NC close to the MTs and near the lakes.
2,766 posts, read 3,492,185 times
Reputation: 957
Quote:
Originally Posted by bigtrees View Post
I think my first question what would your daughters like to have done about this? Is there still a problem with the kitchen pipes that has not been fixed? How long ago did they close on the house?

Your daughters should have received a sellers disclosure where the sellers stated known facts about the house. If they put in this disclosure form that all pipes had been replaced, your daughters could consider contacting an attorney and seeing if the sellers are liable for failing to accurately disclose.

However - you say that all the pipes were replaced except those under the slab. That makes a lot of sense to me and if I replaced all the pipes in the house that were above the slab I might have forgotten about the ones below the slab. So the sellers may honestly have forgetton or did not know that the pipes below the slab were not replaced as well. If they didn't know - they probably can't be held accountable for this.

The fact they paid over $XXX,XXX doesn't weigh in to this problem. It may seem like a lot of money but that is what the market value of this home is.


Thank you but I am getting this 2nd hand thru my daughter about her bil and sil that moved into the house mid Dec. They just had a major problem re their kitchen pipes. I have no idea what the disclosure said but it did say all the pipes were new. My question is if they are having problems a few weeks after moving in I assume the sellers had the same problem and never disclosed that problem.I put down CA hoping a realtor in Ca knew the answer since I realized everything is different state by state. We had lived in Ca for over 25 years and everytime we sold a home there we were told to disclose everything since we could be hit with a law suit dowm the road. I also hate to see young people buying a home esp since it was built in 1966 and paying so much just to turn around and redo something that should have been fixed in the first place. Forgot to add yes there is still a problem with the kitchen pipes and a plumber said they would have to re do all the kichen pipes and that includes under the slap.
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Old 12-26-2008, 01:20 PM
 
1,305 posts, read 747,925 times
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So it looks to me that the concern your daughters have it is they purchased a house with some plumbing defects and they'd like the previous owners to pay for the cost of repairs. That sounds very reasonable and I've read on here a lot of previous owners have done that (assuming that the problem was there in the beginning, which it probably was since this was two weeks after closing.)

I wouldn't worry too much about whether the pipes had or had not been replaced and I probably wouldn't be concerned about whether the disclosure was accurate, but I'd nicely ask the sellers to cover the cost of the repair. If the bought through a real estate agent, your daughters can ask the agent to take care of it for them.
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Old 12-26-2008, 01:54 PM
 
Location: Nashville, TN
1,178 posts, read 2,632,169 times
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Quote:
Originally Posted by Janecj View Post
I don't think anyone would be able to give you a definitive answer on this forum. It depends on: what the contract states, depends if the comment was verbal or written, it depends on your state's guidelines, depends on what the property disclosure guidelines are, etc. You really need to contact a real estate attorney to advise you.
Lorriem, the above is your best advice so far. Additionally, it will have to be determined whether or not the kitchen pipe problem existed before close, and if the sellers knew about the problem if one existed.
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Old 12-26-2008, 02:44 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 20,841,414 times
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As said above you need a lawyer consultation.

In CA the disclosure laws are pretty tight. If they said new pipes and the kitchen was not redone they have likely had the biscuit.

But still they need a lawyer to review the contract.
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Old 12-26-2008, 04:38 PM
 
Location: NC close to the MTs and near the lakes.
2,766 posts, read 3,492,185 times
Reputation: 957
Thank you all I will let my dd tell her Brother in Law about all you have told me.
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