South Shore house: Bathroom Basement (city hall, insurance, attorney)

[EddieP]

Three and a half years ago, I purchased the house I am now living. During the process of buying the house, the sellers advertised it as having two bathrooms. When I pulled the tax sheet on the house, it was listed as having only one bathroom. So I knew that the second bathroom (which was built in the basement) was constructed by the former owners without a permit. I purchased the house knowing this, but never really felt comfortable about it.

Even though I have been in the house for three and a half years, I didn't notice until last week that there is an illegal drain in the basement bathroom. Specifically, it's in the bathtub. The drain goes directly into a hole in the basement floor. This hole is very well hidden (it took me 3-1/2 years to discover it). The home inspector I hired prior to purchasing the house also didn't find it.

The toilet and sink in the basement bathroom discharge into the town sewerage system (but again, done without a permit).

I plan on remedying this situation by hiring a contractor, pulling the permits, and making everything up to code in the basement. It will most likely mean demolishing the basement bathroom to fix the problem (and costing $$$).

So, I have two questions:

1.) Is there anything that can be done to the former owners for not disclosing this issue (the illegal bathtub drain)? I thought that owners are required to disclose all known issues about a house when listing it. They obviously knew about this. Or, since I bought the house realizing that a permit was not pulled for the construction of the basement bathroom, the problem is now mine to deal with, and the former owners are not liable for anything?

And

2.) When I go to fix this problem, whoever I hire, are they required to report the non-permitted bathroom to my town? I will want the contractor to pull permits for the "new bathroom", and I realize that when the "new bathroom" is finished and approved by the town inspectors that my taxes will go up, but I was wondering if the contractor I hire is required to report the illegal bathroom to the town.


If my home inspector had found the illegal drain, I would not have purchased the house, or I would have instructed the owners to have it fixed legally before I bought the house.

Anyway, I was just wondering if there is any action I can take against the former owners since, as I said before, this is going to cost some money (and maybe some fines??) to fix.

I realize it was my ignorance, naiveté, and willing to "look the other way" when buying the house that has created this problem, but I was just wondering if there was something I could do about the former owners.

Not sure if anyone knows the answer, but thought I'd ask (I do plan on contacting the attorney I hired who helped me close on the house and ask her the same question).

Thanks.

[surfingatwork]

Since it's been 3.5 years I would think it's too late to try and sue the sellers and/or inspector involved. Also you bought the house knowing the bathroom was illegal so regardless of how the water drains it is an illegal bathroom and you knew this so personally speaking I would think you have no recourse against the previous owners.

Where the prior owners the original owners of the house or was there someone else before them? If there was someone else before them, maybe those folks installed the bathroom. Are you able to do the demolition work yourself?

[capecodcathy]

I would say you have no recourse against the previous owner. While you're on the hook for the upgrades, if you approach the appropriate people at Town/City Hall, explain the situation and that you want to bring everything up to code, you will probably not be penalized for a former owner's actions. People finish entire basements and install plumbing all the time. Towns know it and cannot afford to track each one down. The fact that you are willing to bring it up to code will work in your favor. The permitting folks at Town Hall are not out to make life difficult for homeowners. You'll probably find them very reasonable.
Good Luck. Let us know how it goes.

[Valerie C]

It's a tricky situation, but I would agree with Cathy and surfingatwork that you probably have no recourse. Was this house in MLS, or did the sellers FSBO? In many offices, even if the owner wants the house listed as having x bedrooms, x baths, in my office we go by what the town card says, to protect everyone involved from liability. Sure we have errors and omissions insurance, but that doesn't cover lies and deceit. Also, while you would hope that the home inspector would have noticed, I'm sure there is a disclaimer somewhere on your inspection paperwork that holds him or her harmless... Sorry to hear this, but at least now you're going to do things right. Sometimes that is it's own reward...

One thing that many buyers aren't aware of is that in Massachusetts, Sellers are not required to fill out property disclosure forms (surprise!!) and are not required to disclose ANYTHING except for lead paint (pre-1978 property) and UFFI (foam insulation), and I believe that's FEDERAL, not state.

Originally Posted by EddieP

1.) Is there anything that can be done to the former owners for not disclosing this issue (the illegal bathtub drain)? I thought that owners are required to disclose all known issues about a house when listing it. They obviously knew about this. Or, since I bought the house realizing that a permit was not pulled for the construction of the basement bathroom, the problem is now mine to deal with, and the former owners are not liable for anything?