Legal Question in Real Estate Law in California

Pre-Existing Plumbing Problem

We bought our house in May 2006. We were using the sink in the bathroom in August 2006 and noticed that the water was running out from under the vanity. We immediately called a service tech. Service tech said that this was a pre-existing problem. He cut open the wall and found that the crack went all the way down and into the slab. He stated that due to the size and condition of the pipe that the crack was most definately already there when we purchased the home and that all of the wood/studs in the wall were brand new which meant that the wall was open prior to the sale and there was no way that this crack was unnoticed. He said the only way to fix it would be to jack hammer up the floor & slab (how deep could not be determined because we didn't know how far the crack went into the slab). & replace the pipe. This was going to be over $1600 not including re-tile or drywall repl. Plus we needed to replace the hall carpet due to mold. HO Insurance adjuster estimated damage at 2155.12 and paid us less our $1000 deductible $1155.12. We have been trying to get the prior owner to reimb. us for our deductible. Do we have any recourse against him?


Asked on 9/14/06, 4:12 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Pre-Existing Plumbing Problem

Perhaps, especially if they tried to intentionally "cover up" the problem, and you could not have reasonably detected the problem on your own prior to the sale of the home. If this is the case, then you could have strong legal standing for recovery in small claims court. For further, affordable legal assistance in this matter, contact us today for a free phone consultation.

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Answered on 9/14/06, 4:45 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Pre-Existing Plumbing Problem

Contact your real estate agent and report this problem. The agent should help you recover the money for the repairs. The seller and the seller's agent had a duty to disclose the defect. Your agent may have some liability for failure to fully investigate the property. The problem that you may have is proving that the seller knew of the crack in the drain pipe. The facts you cited are evidence of knowledge on the part of the seller. Carefully select an attorney with experience in this area of the law. Promises of big damages awards should always be considered suspect. You may also want to have a more through inspection of the house for problems.

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Answered on 9/28/06, 4:19 pm


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