Legal Question in Real Estate Law in Wisconsin
Hot Tub was broken when purchasing a home
When I purchased my home in December of 2005, it came with a hot tub on the back deck. I asked the property owners to send over an affidavit stating the hot tub was in full operating\working condition as part of the offering contract negotiation. I received an affidavit stating that to their knowledge the hot tub was in working order as of 2004. I bought and purchased a home warranty which included the hot tub. Since it was winter, the home inspector could not verify the hot tub functioned prior to purchasing the home. In May of 2006, I filled the hot tub and found that it leaked. I called it under the home warranty and they asked that I use a local contractor and have it serviced. The local contractor found $1,500 worth of damage due to neglect. They indicated that someone must have left water in the tub during winter and the pipes and heater were damaged as a result. When I bought the home, the hot tub was empty of water. The warranty company states that freezing pipes is an ''act of G-d'' and is not covered under their policy. Our neighbors tell me that the people I bought the home from did not do any up keep, including mowing, raking, etc. and it does not surprise them that the hot tub is broke. What can I do?
1 Answer from Attorneys
Hot Tub Malfunction Two Years Following Purchase
With two years having elapsed from the effective date of a sellers' representation discovery of the problems with the hot tub, it would be difficult for a buyer to prove that the sellers lied at closing. If they gave you a warranty, you might be able to make a claim against it. However, most of the prepackaged home warranties which I have seen sold by realtors are virtually worthless. They cover next to nothing, assuming that the warranty company is even still in business when you present your claim.
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