Seller botched MaBath Remodel

[mdbWA]

What is the name of your state? WA

In April of this year we purchased a home that had advertised a remodeled master bathroom. Some of the work was being completed during the closing period, and it was obvious that the seller was completing the work himself. They had already installed a tile surround for the bathtub, and a tile floor. The work looked sloppy, but the Home Inspector that we hired told us it was functional. After closing, I discovered that the tiles and brand-new tub, which had just looked dirty, were actually stained with sealant and grout compound. I also noticed extensive cracking in the grout. I had 2 tile and grout specialists come look at it to get advise as to how to clean the substances, and was told by both of them that the grout used on both the surround and the floor was the wrong type of grout, and was causing the cracking. In short, all the tile work has to be ripped out and redone or else we will have rot and mildew behind the tiles. We still don't know if the tub is cleanable.

The seller's did not disclose any known defects with the Mater Bathroom on the Seller's Disclosure Statement. THey are claiming that because we knew that they were not tile experts and therefore would not be doing a "professional" remodel, that they are not responsible for their "mistake."

The estimates that we have received to fix their mistake are over $5000.

Do we have any legal recourse to get them to cover the cost?

Thank you!What is the name of your state?

Originally Posted by mdbWA

What is the name of your state? WA

In April of this year we purchased a home that had advertised a remodeled master bathroom. Some of the work was being completed during the closing period, and it was obvious that the seller was completing the work himself. They had already installed a tile surround for the bathtub, and a tile floor. The work looked sloppy, but the Home Inspector that we hired told us it was functional. After closing, I discovered that the tiles and brand-new tub, which had just looked dirty, were actually stained with sealant and grout compound. I also noticed extensive cracking in the grout. I had 2 tile and grout specialists come look at it to get advise as to how to clean the substances, and was told by both of them that the grout used on both the surround and the floor was the wrong type of grout, and was causing the cracking. In short, all the tile work has to be ripped out and redone or else we will have rot and mildew behind the tiles. We still don't know if the tub is cleanable.

The seller's did not disclose any known defects with the Mater Bathroom on the Seller's Disclosure Statement. THey are claiming that because we knew that they were not tile experts and therefore would not be doing a "professional" remodel, that they are not responsible for their "mistake."

The estimates that we have received to fix their mistake are over $5000.

Do we have any legal recourse to get them to cover the cost?

Thank you!What is the name of your state?

You should have done a "walk-through" of the home PRIOR to the CLOSING!

It seems that if you would have done this, you would have seen the problems and would have been able to address them BEFORE you signed on the dotted line.

I agree with the seller!

Stand by for other opinions.

[mdbWA]

We did do a final walk through, and the bathroom looked much the same as it did the day of the inspection- very dirty.
Even if I had gone in there with a scouring pad and cleaner, I still would not have known that they had used the wrong grout, and that is the biggest problem in the bathroom.

[PghREA]

Originally Posted by mdbWA

We did do a final walk through, and the bathroom looked much the same as it did the day of the inspection- very dirty.
Even if I had gone in there with a scouring pad and cleaner, I still would not have known that they had used the wrong grout, and that is the biggest problem in the bathroom.

If you didn't know they used the wrong grout, then it is possible that the seller didn't realize he used the wrong grout. What was written in your sales agreement about finishing the master bath? Take him to small claims court or mediation and see what happens.

[Gadfly]

The seller's responsibility in a disclosure it to disclose "known" defects. Can you proove that the seller KNEW he was using the wrong product? I doubt it. You didn't know either until later. You SAW the work and weren't satified, but closed on the house anyway. Fingers pointing at you.

Originally Posted by Gadfly

The seller's responsibility in a disclosure it to disclose "known" defects. Can you proove that the seller KNEW he was using the wrong product? I doubt it. You didn't know either until later. You SAW the work and weren't satified, but closed on the house anyway. Fingers pointing at you.

I agree Gradfly.

I can't imagine that the previous owner would have used this "grout" if he knew it was the wrong kind.

[mdbWA]

Thank you for all your responses. I appreciate it.

A few more thoughts, if you don't mind:

I'm not sure if i can prove that he knew that he used the wrong grout, but 3 different tile and grout experts have told me that based on the type of sealant used and the way he smeared it all over everything, it certainly looks like he was trying to compensate for having used the wrong grout. They all thought it was highly unlikely that by the time he finished he still hadn't realized his mistake.

Also, even he really didn't know it was the incorrect grout and therefore couldn't disclose it, now that we have found out that the work is defective, dysfunctional, and will directly cause premature water damage, are they really not liable?

Thanks again.