Toilet still leaking!

[sitedrifter]

What is the name of your state? NJ


After a small battle with the seller, all seemd OK at the 11th hour (truly the 11th hour) with the problems I requested to be fixed (seller was at homesite for 2 days before closing doing things). The seller told me there is no leak with the toilet as he checked it. Well, at that moment he seemed honest (personally spoke with him) and it was 1 hour before closing so I head to closing and finalize the purchase. Did not have time to get my inspector out to check it.
After being in the house for 2 days I go to use the front spicket and it starts to leak behind the siding so I shut off the water main and go under the crawl space. After checking the spicket problem I go (for ****z and giggles) to look at the toilet piping for leaks. Guess what, there is a nice drip coming down from the flange and dripping onto the ground (very slow drip).

I have a plummer come in ASAP and he has to replace a cracked flange,neck and o-ring. $400 later I am wondering if I can get the seller to pay this? Still waiting to hear from my attorney bt would like to hear from the members of this forum.

Thanks

Site

[HomeGuru]

Originally Posted by sitedrifter

What is the name of your state? NJ


After a small battle with the seller, all seemd OK at the 11th hour (truly the 11th hour) with the problems I requested to be fixed (seller was at homesite for 2 days before closing doing things). The seller told me there is no leak with the toilet as he checked it. Well, at that moment he seemed honest (personally spoke with him) and it was 1 hour before closing so I head to closing and finalize the purchase. Did not have time to get my inspector out to check it.
After being in the house for 2 days I go to use the front spicket and it starts to leak behind the siding so I shut off the water main and go under the crawl space. After checking the spicket problem I go (for ****z and giggles) to look at the toilet piping for leaks. Guess what, there is a nice drip coming down from the flange and dripping onto the ground (very slow drip).

I have a plummer come in ASAP and he has to replace a cracked flange,neck and o-ring. $400 later I am wondering if I can get the seller to pay this? Still waiting to hear from my attorney bt would like to hear from the members of this forum.

Thanks

Site

**A: you can try. Why would the Seller just come out and tell you the toilet does not leak? Is the toilet repair on your list?

[sitedrifter]

Yes,

the leaking toilet was on the requested repair list which they agreed to do. The way I see it, he lied or is just ignorant to plumbing (although he talked a good line) and because it was 1 hour before closing, I stupidly believed him since he sounded sincere.

So I would like to get my cash back from this seller since the repair was not done and his lack of experience in plumbing or his fraudulant lie cost me $400.

Site

[Buzz123]

I have purchased several houses (but am not a lawyer) and my guess is the seller is either lying or optimistically naive. The problem is you will probably never know what the seller did or did not know and since I would guess $400 is small relative to what you spent on the house you will have to live with it. I have had things like this happen and just figure it into the purchase of an older home.

That should not stop you from going after the seller for the money you have little to lose besides your time, but my guess is that it won’t be worth the effort.

Best of luck.

Buzz

[HomeGuru]

Originally Posted by sitedrifter

Yes,

the leaking toilet was on the requested repair list which they agreed to do. The way I see it, he lied or is just ignorant to plumbing (although he talked a good line) and because it was 1 hour before closing, I stupidly believed him since he sounded sincere.

So I would like to get my cash back from this seller since the repair was not done and his lack of experience in plumbing or his fraudulant lie cost me $400.

Site

**A: then go after him for the cost of the repair.