Just closed on a house, now have a backup and leak! (real estate, how much)

[MonkeyMom15]

Hey all,


I just closed on a house in Northern Virginia about a month ago but haven't totally moved in from my old residence yet. The sellers were a real pain in the butt quite frankly, and I think they've lied about a few things. After having everyone over for Thanksgiving a few weeks ago, we noticed a puddle in the basement coming out of the drain in the floor, and then noticed about 2-3" of standing water outside the basement door where there is a French drain. I just had a plumber out and he said that the washtub is also cracked and leaking like crazy (old concrete tub) so there's water on the floor.


Now, there is a drain outside the basement door that they said (I have in writing from agent) that it doesn't back up, but they have a portable sump pump there just in case of super heavy rains and they've only had to use it a couple of times they owned the house for 30 years). Now the "fix it" addendum or whatever it's called said that the seller was responsible for snaking out that drain and ensuring that it was working properly.


How can I proceed with this? Obviously they would have known that every time they did the wash the sink would puddle on the floor and didn't disclose that. And since they were responsible for fixing the drain is there any chance they're still liable for that? Who do I even contact about this?


If you made it all the way through this, thanks. I'm just not sure where to go from here.


TIA!

[spencgr]

Originally Posted by MonkeyMom15

Now the "fix it" addendum or whatever it's called said that the seller was responsible for snaking out that drain and ensuring that it was working properly.

Not familiar with a "fix it" addendum....what exactly does it say?


Also, did you have a home inspection?

[HokieFan]

Originally Posted by MonkeyMom15

Hey all,


I just closed on a house in Northern Virginia about a month ago but haven't totally moved in from my old residence yet. The sellers were a real pain in the butt quite frankly, and I think they've lied about a few things. After having everyone over for Thanksgiving a few weeks ago, we noticed a puddle in the basement coming out of the drain in the floor, and then noticed about 2-3" of standing water outside the basement door where there is a French drain. I just had a plumber out and he said that the washtub is also cracked and leaking like crazy (old concrete tub) so there's water on the floor.


Now, there is a drain outside the basement door that they said (I have in writing from agent) that it doesn't back up, but they have a portable sump pump there just in case of super heavy rains and they've only had to use it a couple of times they owned the house for 30 years). Now the "fix it" addendum or whatever it's called said that the seller was responsible for snaking out that drain and ensuring that it was working properly.


How can I proceed with this? Obviously they would have known that every time they did the wash the sink would puddle on the floor and didn't disclose that. And since they were responsible for fixing the drain is there any chance they're still liable for that? Who do I even contact about this?


If you made it all the way through this, thanks. I'm just not sure where to go from here.


TIA!

Did you get proof from the seller that they snaked the drain and it was working properly? Were you able to confirm this yourself at the final walk through before closing?

My first thought is to contact your agent to see what, if anything, can be done.

[MonkeyMom15]

Sorry, by "fix it" addendum I meant the addendum after the home inspection listing things that the seller was responsible for repairing. They provided a general, not detailed, receipt from a plumber, but they had other plumbing repairs to fix at the same time. So I'm not 100% sure if they actually completed the repair or not. And it's not something you can exactly see on a walk-through.


The addendum in reference to this problem says: "basement exterior drain-clear debris and ensure drain works properly".


I guess I'll call my agent and see if she has any experience with this.

[boyd888]

When you close on the house it's yours. You have no recourse on the seller whatsoever. Your agent can't help you either.

When you sign those closing papers the fix it addendum is closed out as well - you are agreeing that the repairs were done to your satisfaction. I agree that it's tough to check a drain, but it is what it is. No different than buying a home and having the washing machine break a week later. It's yours to replace.

Call a plumber to look at it again and move on with your life.

[lvoc]

Originally Posted by boyd888

When you close on the house it's yours. You have no recourse on the seller whatsoever. Your agent can't help you either.

When you sign those closing papers the fix it addendum is closed out as well - you are agreeing that the repairs were done to your satisfaction. I agree that it's tough to check a drain, but it is what it is. No different than buying a home and having the washing machine break a week later. It's yours to replace.

Call a plumber to look at it again and move on with your life.

No no no. Nonsense Virtually all states require disclosure of known defects. So anything not disclosed is actionable.

Now whether it pays or not is a different question. But you have the right. Commercial Real Estate is still pretty much Caveat Emptor...but not residential.

My view will always be a tight inspection followed up with documented repairs and a home warranty of the stronger type. But if the seller really conceals something significant off to court.

[boyd888]

Originally Posted by lvoc

So anything not disclosed is actionable.

We are talking specifically about the OP's case and a drain here. It's funny because I had a sentence about recourse for an issue hidden by the buyer, but took it out because it wasn't relevant.

Were the seller/buyer aware? Yes. Was a plumber brought in? Yes. Did the OP reinspect house? I assume so.

This is not commercial real estate, this is not mold growing out of the basement walls the seller hid from the buyer. I say "move on" for a good reason...the seller is not getting anything out of this and the "YOU CAN SUE" people only give false hope and drag this situation out.

[Ffxdata]

That's why you do a second home inspection prior to closing instead of just "walking through" with your totally biased realtor.

I don't know of a way you have recourse without expensive litigation. How much do you expect this problem to cost you?

[lvoc]

Originally Posted by boyd888

We are talking specifically about the OP's case and a drain here. It's funny because I had a sentence about recourse for an issue hidden by the buyer, but took it out because it wasn't relevant.

Were the seller/buyer aware? Yes. Was a plumber brought in? Yes. Did the OP reinspect house? I assume so.

This is not commercial real estate, this is not mold growing out of the basement walls the seller hid from the buyer. I say "move on" for a good reason...the seller is not getting anything out of this and the "YOU CAN SUE" people only give false hope and drag this situation out.

Depending on what the buyer finds you may be correct. Too soon to tell. But the buyer should pin down what is actually wrong...and if the Seller failed to fix it and indicated it was done than the Buyer has an action. I would think the seller is for instance guilty on the leaking tub...but that is probably a quick low cost fix and not worth pursuing. French drains not working properly and such can get to big numbers. So straighten it out and then decide if action is reasonable.

As I said I prefer a tight inspection and then a home warranty. Better to be covered than to sue.

[Ashley Tauzier]

I would contact the plumber who did the work on the receipt that was provided to you. See what actual work was completed to see if you have any recourse against the seller. Unfortunately there probably will not be much that can be done since you have closed on the home and signed off on the walk through inspection. You can also contact your agent, I am sure they will be more then happy to help you through this problem. Good luck.