Lemon Law for Houses?

[markusd13]

Colorado.
I purchased a home on June 29th, 2007. Prior to the finalization, I had the standard home inspection performed. At the time of inspection, the inspector noticed the sound of running water in the house. He attributed it to a leaky toilet.

I have since discovered that it is not a leaky toilet at all. It is actually the sound of a leak in the water line between my house and the water main under the street...at LEAST one leak. One place that it is leaking for certain is at the curb stop (the valve which the town uses to shut off the water to a home).

It is highly unlikely that the previous owners did not notice the sound of running water. The sound carries through most of the house. However, proving that the previous owners knew about the issue and purposefully did not disclose the information seems next to impossible.

A neighbor did mention that once in a while a puddle would form in the very spot where the curb stop is located, even when it had not rained. Furthermore, the lid to the curb box (the pipe which leads down to the curb stop so that it may be accessed and shut off) was broken and a rag had been shoved down into the curb box as to prevent dirt from filling it in. Therefore, SOMEone knew that the curbstop was there, and that it was broken.

It should be noted that the town code specifically states that the owner of the home is responsible for the water line from the time it taps the water main all the way to the home, including the curb stop and curb box.

Do I have any legal recourse? Or am I just shafted?

[HUD-1]

First, get an estimate to fix the leak. Second, request that the seller help pay for the repair as it is clear (in your mind) that they knew about the leak. If they refuse, then you have to weigh how good a case you can make that they knew the condition existed, yet failed to disclose it. A hard case to make.

[tranquility]

I agree with HUD-1, with the addition that the defect could be considered patent since you obvously heard it. You may have a suit against the inspector for his supposing what it was instead.

You've got to get it fixed so you might as well start the process. Once you find out the cost, then you can explore other options. $500 you go one way, $5,000 and you go another.

[nextwife]

Originally Posted by HUD-1

First, get an estimate to fix the leak. Second, request that the seller help pay for the repair as it is clear (in your mind) that they knew about the leak. If they refuse, then you have to weigh how good a case you can make that they knew the condition existed, yet failed to disclose it. A hard case to make.

ESPECIALLY if they are elderly or hearing impaired. I know a number of sellers who would have never heard a sound like described, nor had a clue that a puddle near the street meant anything.

[moburkes]

I would have been ALL OVER a continueous leak. I wouldn't have ASSumed that it was minor.