seller disclosure requirements?

[roots]

What is the name of your state?What is the name of your state? PA

I purchased a home in August. The seller disclosure did not indicate any plumbing problems, however prior to closing, and post the inspection, he replaced the powder room toilet. My home inspector did not notice any plumbing problems, although I have since found other things he missed. Shortly after moving in the toilet in the powder room started working sporadically. Our plumber discovered roots throughout our sewer pipes. He has given us an estimate of $8,000 to do the required work to remove the roots from the sewer pipes and replace the terra cotta pipes. He feels certain that the homeowner had to have known the extent of the problem, as the toilet had to have been reamed in the past. Additionally, there are two large maple trees in the front yard that appear to be the "root" (Sadly no pun intended) of the problem that will need to be removed immediately. Do I have any legal recourse against the homeowner, my agent who told me it was no big deal that the owner replaced a toilet in the middle of the sale, or even the home inspector? I checked my home warranty prior to calling a plumber, and like everything else in the worthless policy, sewer problems caused by roots aren't covered. Any advice is greatly appreciated.

[bryan45419]

I'm not a lawyer or anything, but I think you need to have stronger proof that the previous owner knew about the problem. Do you know who the previous owner's plumber was? Maybe they can confirm it? I once owned a house with somewhat similar issues, we called a plumber who just happened to be the same as the previous owners', and they confirmed that the previous owners actually knew of the issue. We did not pursue, however, as we determined that the legal costs probably weren't worth the effort. the cost of repair for us was $6k.

Or can you check with the local sewer district to see if any complaints were filed? Probably not, but maybe.

[PghREA]

Read the notice on the back of page 8 of your sales agreement.
My quess would be that the seller had some knowledge of the problem.
Mediation may be the way to go. Talk to your agent about it.
(I had a similar case which went to mediation and the buyer and seller ended up splitting the repair cost 50-50.)

[roots]

Thanks for the reply! I looked at my sales agreement, and my agent has checked that I waive mediation? I am sure she told my why we waived mediation, but I guess I have to go a different course at this point.

[PghREA]

Waiving mediation still gives you the opportunity to use mediators over suing at this point. (If you would have elected mediation - that would be your only course.)

[HomeGuru]

Originally Posted by roots

What is the name of your state?What is the name of your state? PA

I purchased a home in August. The seller disclosure did not indicate any plumbing problems, however prior to closing, and post the inspection, he replaced the powder room toilet. My home inspector did not notice any plumbing problems, although I have since found other things he missed. Shortly after moving in the toilet in the powder room started working sporadically. Our plumber discovered roots throughout our sewer pipes. He has given us an estimate of $8,000 to do the required work to remove the roots from the sewer pipes and replace the terra cotta pipes. He feels certain that the homeowner had to have known the extent of the problem, as the toilet had to have been reamed in the past. Additionally, there are two large maple trees in the front yard that appear to be the "root" (Sadly no pun intended) of the problem that will need to be removed immediately. Do I have any legal recourse against the homeowner, my agent who told me it was no big deal that the owner replaced a toilet in the middle of the sale, or even the home inspector? I checked my home warranty prior to calling a plumber, and like everything else in the worthless policy, sewer problems caused by roots aren't covered. Any advice is greatly appreciated.

**A: what did your homeowner's insurance agent tell you?

[roots]

I filed a claim with homeowners, and they stated that roots are "wear and tear", or neglect, and are not covered by my policy, additionally, if the sewer line would burst because of the backups, they would only cover the damage to the inside of the house, not any excavation of the land, or repair of the pipe. The adjustor felt that what I was asking for was maintenance, and homeowners doesn't cover maintenance. So, end result was that the claim was denied. I am trying everything I can to avoid the expense of a lawsuit, while also not getting stuck with the entire repair bill myself. Thanks for your response, any advise or suggestion is appreciated!