Bought a condo water leaks in basement

What is the name of your state?What is the name of your state? OH
Inspection of condo showed problems with basement leaking. Seller contracted waterproofer and told us we'd receive a 15 year guarantee from the waterproofer. Purchase of condo went through. Two weeks later there was severe water leakage in the basement. The basement was intended to be an office. A new rug was installed and furniture was moved in and had to be dried out. Water came in through one wall where drains were not installed. Waterproofer says seller told him to only install drains on certain walls. Seller says he told waterproofer to do whatever was necessary to waterproof the basement. Waterproofer said this was a bad rain and wouldn't normally leak and that we should wait and see if it happens again. We feel we shouldn't have to pay when we were told the basement would be waterproofed and we'd have a 15 year guarantee. Who is to blame and how can we get them to finish the job so the basement can be used as an office without worrying that the carpet and furniture will get ruined by the next rain?

[You Are Guilty]

What does the guarantee say?

[HomeGuru]

Originally Posted by You Are Guilty

What does the guarantee say?

**A: and does it name you the Buyer specifically?

Originally Posted by You Are Guilty

What does the guarantee say?

The guarantee says it's guaranteed against water leakage in the areas waterproofed. Since it is a condo and it is in the middle, some walls are inertial walls and some are exterior walls. The waterproofer said the seller thought the water was coming from an interior wall and was told to waterproof that wall and not the wall next to it that is an exterior wall where the water was able to come in. The waterproofer also is claiming this was a really bad rain and he has water in his basement and so do many other people. I think he's just making excuses trying to make us wait and eventually give up. If the seller told him to do one wall and not the wall that is the problem, is the waterproofer still liable? What about "areas waterproofed?" In my mind I'd figure since he did one wall in the paneled room, the guarantee should cover the entire room. Would we have to take him to court and get a lawyer to make him fulfill the guarantee to waterproof the wall where it leaks?

Originally Posted by HomeGuru

**A: and does it name you the Buyer specifically?

The guarantee says "Homeowner" so if we sell it, the new owner would be covered by the guarantee.

[HomeGuru]

Originally Posted by Vapeur

The guarantee says it's guaranteed against water leakage in the areas waterproofed. Since it is a condo and it is in the middle, some walls are inertial walls and some are exterior walls. The waterproofer said the seller thought the water was coming from an interior wall and was told to waterproof that wall and not the wall next to it that is an exterior wall where the water was able to come in. The waterproofer also is claiming this was a really bad rain and he has water in his basement and so do many other people. I think he's just making excuses trying to make us wait and eventually give up. If the seller told him to do one wall and not the wall that is the problem, is the waterproofer still liable? What about "areas waterproofed?" In my mind I'd figure since he did one wall in the paneled room, the guarantee should cover the entire room. Would we have to take him to court and get a lawyer to make him fulfill the guarantee to waterproof the wall where it leaks?

**A: yes, you would. What are inertial walls?

Sorry, typo. Should be Interior. Walls that are next to the neighbor’s condos are considered interior walls. So is the waterproofer liable even if the seller told him to only do the interior wall although seller denies saying that? Could the waterproofer get out of the guarantee by saying the areas he worked on are not leaking? What constitutes an area?

[HomeGuru]

Originally Posted by Vapeur

Sorry, typo. Should be Interior. Walls that are next to the neighbor’s condos are considered interior walls. So is the waterproofer liable even if the seller told him to only do the interior wall although seller denies saying that? Could the waterproofer get out of the guarantee by saying the areas he worked on are not leaking? What constitutes an area?

**A: this is a difficult one. An attorney would need to review your contract, disclosure, warranty documents etc.