Legal Question in Real Estate Law in Pennsylvania
Sellers disclosure leaking shower
We recently purchased an older home in Doylestown PA with an As-Is clause. The seller completed a disclosure statement claiming no issues with plumbing. During our first 2 days in the house the master shower floor started to leak badly. A plumbers inspection revealed that the shower had been redone inproperly and it was unlikely it was ever water tight. Could we have a claim? Also, if we were to file a lawsuit could we use small claims court or must we go to civil court?
2 Answers from Attorneys
Re: Sellers disclosure leaking shower
Your agreement of sale may contain an arbitration provision, so check that first.
Do not let time pass, it is important to present a claim as soon as possible. You should involve a local real estate lawyer to assist you, because the Realtor[s] cannot provide you with legal representation and advice, nor can they preserve your claims and protect your rights.
Re: Sellers disclosure leaking shower
You may have a claim if you can proove that the Seller was aware of the defect at the time of the disclosure. if the sower was repaired improperly by a plumber without the knowledge of the Owner then it may be more difficult. You should consult with an attorney. If you would like to schedule an appointment with my office you may contact me by phone.
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