just closed on home and found major problems

[jsavite]

What is the name of your state?NJ

hi -
i just closed on a new home on friday, stayed there over the weekend to work on cosmetics, and found major plumbing leaking over electical wires into the basement. also, the bathroom floor is collapsing due to water damage from this leak. this was not picked up during inspection, nor disclosed by the seller.

what are my rights? what is the law governing situations like this?

thank you.

[JETX]

Originally Posted by jsavite

this was not picked up during inspection

Why not??

nor disclosed by the seller.

How do you KNOW that the seller had knowledge of this problem??

what are my rights?

You have the right to take your purchase agreement, disclosure statement, inspection report(s), etc. to a local attorney and have him/her review them to see what obligation, if any, the seller or inspector may have failed to provide.

[jsavite]

i do not know for sure that the seller had knowledge of this problem....although i find it very difficult to believe. the floor is caving in from water damage, and the leak is quite profuse.

what to do?

[HomeGuru]

Originally Posted by jsavite

i do not know for sure that the seller had knowledge of this problem....although i find it very difficult to believe. the floor is caving in from water damage, and the leak is quite profuse.

what to do?

**A: what did your Realtor advise you to do?

[jsavite]

the realtor says that it is our lawyer's issue. the lawyer says that the realtor should have found it at the final walk-through, but didn't. everyone is pointing fingers at the other and won't return our calls anymore.

isn't there any legal recourse? it is potentially a huge financial concern, as well as an extreme safety hazard. i spoke with the inspection company, and they too, were simply trying to cover their own hides by saying the leak could have started the day after they came. that is very hard to believe because the floor near the tub is caving in, and the leak is extensive to the laundry room.

please advise.
thank you Guru.

[jsavite]

everyone points fingers at everyone else. our closing lawyer wants another 1500 bucks to handle it. seems ridiculous to me.

[JETX]

Originally Posted by jsavite

everyone points fingers at everyone else. our closing lawyer wants another 1500 bucks to handle it. seems ridiculous to me.

And you know what seems ridiculous to me??

Here it is, you have what is presumably an expensive problem with the house. All the parties are pointing elsewhere, so there is obviously NOT going to be a simple solution... or anyone that will stand up and say, "My problem, I'll fix it". The alternative is CLEARLY that a lawsuit or threat thereof is appropriate to get something done.
And yet, you complain of both the cost of the repair AND the cost of the solution!!

So, other than having a 'home repair fairy' wave her magic wand, what EXACTLY do you expect to happen??

[PghREA]

Originally Posted by JETX

And you know what seems ridiculous to me??

Here it is, you have what is presumably an expensive problem with the house. All the parties are pointing elsewhere, so there is obviously NOT going to be a simple solution... or anyone that will stand up and say, "My problem, I'll fix it". The alternative is CLEARLY that a lawsuit or threat thereof is appropriate to get something done.
And yet, you complain of both the cost of the repair AND the cost of the solution!!

So, other than having a 'home repair fairy' wave her magic wand, what EXACTLY do you expect to happen??

I agree with Jetx. The seller is saying "not me", the inspector is saying "not me" and the closing attorney wants $1,500 to handle the situation which may not end up in your favor. Call a plumber, fix the leak, fix the bathroom floor,
- you may end up spending less than $1,500.

[HomeGuru]

[quote=JETX]
So, other than having a 'home repair fairy' wave her magic wand, what EXACTLY do you expect to happen??

**A: do you have her email adress?

[jsavite]

i guess i just didn't expect you people to be as rude as the people i've actually paid money to help me.

[JETX]

Originally Posted by jsavite

i guess i just didn't expect you people to be as rude as the people i've actually paid money to help me.

So, your saying you expect better treatment from a stranger with NO vestment into your problems, then you get from someone who is getting paid to listen/react??
Definitely a 'skewed' sense of logic!!

[PghREA]

If the people in the real world are telling you what the people in the cyber world are telling you, maybe that's the way it is. We are not rude, were just giving our opinion on the questions you asked. Sorry it is not what you want to hear.

[HomeGuru]

Originally Posted by JETX

So, your saying you expect better treatment from a stranger with NO vestment into your problems, then you get from someone who is getting paid to listen/react??
Definitely a 'skewed' sense of logic!!

**A: yes, prezel and shish kebab logic.

[jsavite]

it turns out that this problem is much more major than anticipated. we need to replace the bathtub, replace the floor, and re-tile after the bath is yanked out. all to a tune of about 3,000 bucks. not disclosed by seller or found by inspection, this massive tub corrosion and leak.

we are basically going to have to gut our bathroom to fix this leak. is this reasonable? do i just accept it and move on? or, should i seek legal action?
against who, the inspector, my realtor, my crappy lawyer?

thanks for any advice. and please, avoid the rudeness.

thank you.

[Charles11]

Oy Vey!

the realtor says that it is our lawyer's issue. the lawyer says that the realtor should have found it at the final walk-through,

Not.

Realtors are not professional home inspectors that's why you paid someone hundreds of dollars to perform that task over an hour or two period of time. Realtor's senses are no different than yours, if you could not spot or detect the problem they also might not.

So this lawyer says the Realtor should have discovered all these problems during a short final walkthrough? - buy a clue.

Now with this being said the agent should try to help you if able but as they have completed their obligations they are not required to.

I seriously doubt I would pay this lawyer half of what the repairs would cost with no guarantee of recovery AND the potential for more fees if they have to go to court.

Your targets are the sellers and the inspector. The inspection may have some verbiage limiting liability to the cost of the inspection - whether that would hold up - I do not know.

You may be able to contact your bar association for a fixed price consultation or look for some lower cost legal clinic.

And there is always small claims court.

Chas