Legal Question in Real Estate Law in Virginia
polybutylene pipes
I am a real estate agent in VA. My buyer client has received a home inspection report indicating the presence of polybutylene pipes. The inspector did not indicate the pipes were leaking or in poor condition. He simply stated the type of plumbing present. The buyer would like to use the information to demand the seller replace all plumbing in the residence or void his purchase contract. The home inspection addemdum states clearly that ''...matters of preference, grandfathered systems operating properly...'' are not deficiencies. Any deficiencies noted on the ''Repairs Addendum'' must be supported by pages from the home inspection report which did not indicate problems with the plumbing system. I do not want my buyer to place himself in a possible default situation by requesting the seller make repairs that do not fall within the seller's obligation. My buyer has said that if he lists the replacement of the pipes on the repair addendum and the seller refuses to make such repairs, he will not proceed to settlement.
Your thoughts on this matter are appreciated.
1 Answer from Attorneys
Re: polybutylene pipes
Your client, if he continues on the course you've described, is likely headed for the default you fear and a subsequent lawsuit in which he finds himself referred to as a defendant.
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