Legal Question in Real Estate Law in New York

New Homeowner with unkown leak. About 2 weeks of being in the new home, I realized the shower was leaking down to the downstairs ceiling. While inspecting the leak, I put a hole in the ceiling and see that the previous owners stuffed newspappers around the shower drain cover and then patched the ceiling hole in a cob job type fix. The sellers never told me about this problem and skipped the question on the disclosure that asked of any unknown defects involving the plumbing. Do I have a case to bring the previous owners to small claims court? My proof is they knew about this problem because they stuffed newspappers by the drain cover which dated 2012 which was the date of them living there and then them skipping the question on the disclosure. do you think I have a case?

Asked on 5/12/14, 4:52 pm

Arnold Nager Arnold H. Nager, Esquire

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Yes. It's probably worth a shot.

Answered on 5/13/14, 6:28 am

Walter LeVine Walter D. LeVine, Esq.

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I agree with Arnold. Hope you took pictures, or have a detailed bill. Best is to bring the plumber who fixed it as a witness.

Answered on 5/17/14, 11:23 am

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