Legal Question in Real Estate Law in Georgia
I purchased my home 8 years ago in Georgia. Last week, I had to have a plumber come out because water was leaking from my shower and caused water damage to the room below it. The plumber discovered the water was leaking in the wall.
My insurance denied my claim to repair the damages because the damage was caused by seepage over time. The problem is the previous homeowner installed a sheet of plastic between the floor of the bathroom and ceiling of the room below it. This caused the leak to go undetected until enough water accumulated on the plastic, which eventually began leaking from my ceiling.
The company I hired to repair the damages stated the plastic was there to cover previous damage and that it is illegal to have it installed. Can I sue the previous homeowner to pay for the damages?
2 Answers from Attorneys
You have legal and practical issues. One, you are past the statute of limitations for most contract and tort and injury claims. To get past that, you would have to prove knowledge and concealment - not as easy as you might think. Did the homeowner install the plastic or even know about it? Then you have to get past the terms of your real estate contract. Given the extremely difficult case, your legal fees for a lawsuit will be thousands. What are your total damages? Does the old owner have money? Many lawyers will write a demand letter for you for a few hundred dollars (or contingency) to see what happens, but the old owner's lawyer will go through this same process. I don't see a qualified lawyer being interested in the case on a contingency, but you can certainly speak with a few.
8 years after the fact is probably barred by a statute of limitations, but even if you find your way around that, you'll need to figure out how to prove the owner did it or knew, probably get around language that bars such claims in your purchase contract, hire and pay experts to testify, etc., and in the unlikely event you can do all that, find the sellers and if you win, find assets of theirs to collect from. You'd likely incure thousands if not tens of thousands in legal fees. So the answer is see a lawyer just in case, but your odds seem weak.