Do I have any rights against Nondisclosed, potentially non-permitted plumbing? (disclosure, plumber)

[memento vivere]

Hi all,

First of all, thanks for any advice you can give.

I'm a first time home buyer. I bought a house in June from a real estate agent. His wife and daughter co-owned the house and he represented them as selling agent.

It was not mentioned on the disclosure form that the real estate agent had done many renovations himself. This included refitting the upstairs bathroom. It was converted from a bathtub to a shower unit (bathfitter type, sectional). First problem- that they had to move the drain pipe three feet. As a result the water must run uphill before it hits the drain trap. If you remove the drain cover, you can see the water sitting in this pipe.... > 12 hrs later. Secondly, the shower was not installed properly and the base of the shower is not secure (in a cement or mud base, I'm told).

The problem would not have likely been caught by the inspector. But the plumber that came to my house basically referred to it as an illegal hackjob. As a result, the drain leaks after every shower and my kitchen ceiling (underneath) the bathroom is infested with mold. To ensure this doesn't happen again, I must rip out the shower and replumb it.

I'm checking into whether a plumbing permit was filled when this work was done.

Do I have a legal case for any of this? Does a seller have to disclose work by a non-licensed plumber?

Sincerely,
Distressed Homeowner

[Chuckity]

Originally Posted by memento vivere

Hi all,

First of all, thanks for any advice you can give.

I'm a first time home buyer. I bought a house in June from a real estate agent. His wife and daughter co-owned the house and he represented them as selling agent.

It was not mentioned on the disclosure form that the real estate agent had done many renovations himself. This included refitting the upstairs bathroom. It was converted from a bathtub to a shower unit (bathfitter type, sectional). First problem- that they had to move the drain pipe three feet. As a result the water must run uphill before it hits the drain trap. If you remove the drain cover, you can see the water sitting in this pipe.... > 12 hrs later. Secondly, the shower was not installed properly and the base of the shower is not secure (in a cement or mud base, I'm told).

The problem would not have likely been caught by the inspector. But the plumber that came to my house basically referred to it as an illegal hackjob. As a result, the drain leaks after every shower and my kitchen ceiling (underneath) the bathroom is infested with mold. To ensure this doesn't happen again, I must rip out the shower and replumb it.

I'm checking into whether a plumbing permit was filled when this work was done.

Do I have a legal case for any of this? Does a seller have to disclose work by a non-licensed plumber?

Sincerely,
Distressed Homeowner

I don't live where you live. I don't know your city/town's building codes so I can't speak for your area BUT ... I will say that, in my area, if you are the homeowner and doing the work yourself you do not
need to pull a permit for work you described.

I doubt you would have any recourse. I'd also doubt that the homeowner knew his work was wrong - and wouldn't have anything to disclose.

[Silverfall]

Our Oregon laws allow homeowners to do their own work, but they still have to get work permitted. So in Oregon that plumbing change would have required a permit and inspection. So head down to city permit office and ask about your local ordinances.

[Bill Keegan]

Originally Posted by memento vivere

Hi all,

First of all, thanks for any advice you can give.

I'm a first time home buyer. I bought a house in June from a real estate agent. His wife and daughter co-owned the house and he represented them as selling agent.

It was not mentioned on the disclosure form that the real estate agent had done many renovations himself. This included refitting the upstairs bathroom. It was converted from a bathtub to a shower unit (bathfitter type, sectional). First problem- that they had to move the drain pipe three feet. As a result the water must run uphill before it hits the drain trap. If you remove the drain cover, you can see the water sitting in this pipe.... > 12 hrs later. Secondly, the shower was not installed properly and the base of the shower is not secure (in a cement or mud base, I'm told).

The problem would not have likely been caught by the inspector. But the plumber that came to my house basically referred to it as an illegal hackjob. As a result, the drain leaks after every shower and my kitchen ceiling (underneath) the bathroom is infested with mold. To ensure this doesn't happen again, I must rip out the shower and replumb it.

I'm checking into whether a plumbing permit was filled when this work was done.

Do I have a legal case for any of this? Does a seller have to disclose work by a non-licensed plumber?

Sincerely,
Distressed Homeowner

Did he fill out a sellers disclosure? What did it say about work that was done? In NJ, the work you describe would require a permit, whether it was done by the homeowner or a professional. How sure are you that he did the work? Is it possible that this is the way he bought it?

Here in NJ, a real estate agent has an affirmative obligation to disclose any defects of which he is aware. You say the shower leaks into the room below it. Did he take some action to cover that up, or is it possible the shower didn't leak before you bought it?

[palmcoasting]

In my area the seller's disclosure doesn't address if something was done by a homeowner or a licensed tradesman, but... if the issue was known that there was some sort of leaking and there was mold, he would have to have disclosed that. An inspector, and yourself actually, would have seen any mold on the ceiling of the kitchen unless they covered it up. That is recoverable. But...you need to speak to an attorney. They can let you know if you have a case or not and if it's worth persuing.