Legal Question in Real Estate Law in Pennsylvania

Leak from toilet to sealing below

I purchased my house a week ago and the day after I moved in I noticed a leak in my toilet and bubbling in the paint of the sealing below the toilet. My dad pressed on the bubble and water came pouring out and continued to pour out for 6 hours. Upon buying the home I had the sellers buy me a year warranty with American Home Shield. I called them and they sent a plumber out. The plumber inspected the problem and after cutting three holes in my ceiling and removing my toilet, he discovered that this was an ongoing issue for some time and that the floor to the bathroom would have to be replaced due to the wood being rotted under the toilet. He said that it looked like this was a problem in the past and the previous owners covered it with new flooring. American Home Shield will not pay for it because it was a pre-existing problem. What can I do?


Asked on 10/30/07, 2:50 pm

2 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

Re: Leak from toilet to sealing below

Review the disclosure that was given you at the time you signed your agreement of Sale. If the sellers failed to disclose this problem and they were aware of it then you may have a claim against them for failure to disclose. You should consult with an attorney. If you would like to consult with my office then you may contact my office.

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Answered on 10/31/07, 12:52 pm
Glenn Brown Real World Law, P.C.

Re: Leak from toilet to sealing below

If American's home shied contract does not cover it as a preexisting condition then you may have a claim against the seller for failure to disclose the problem.

How much is it going to cost to repair properly?

Have an attorney review the paper work and advise you.

Services at a reasonable fee.

Good luck to you.

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Answered on 10/30/07, 10:37 pm


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