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Wanting to break contract on home

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PotentialBuyer

Junior Member
North Carolina

My husband and I are under contract on a home in NC. Our contract states that we can break the deal should the inspection reveal repairs in excess of $3,000.

The repairs needed are not extensive. However, the inspection revealed that the plumbing in the home is polybutylene piping and that the system has required repair in the past. THE OWNER DID NOT DISCLOSE THIS FACT ON THE NC DISCLOSURE SHEET.

Our current, highly-rated insurance agency won't cover the home without at least the plumbing fittings being replaced with copper fittings. Less reputable agencies will cover the home as is.

We do not want to own a home with PB piping that has clearly needed repair in the past. We do not want to switch to a less stringent insurance company.

Was the seller required to disclose the presence of PB piping that has required repair? Are we obligated to buy the home despite her failure to disclose?
 


Zigner

Senior Member, Non-Attorney
You do understand that even copper piping may need repairs, right? That's called "maintenance"
 

HomeGuru

Senior Member
North Carolina

My husband and I are under contract on a home in NC. Our contract states that we can break the deal should the inspection reveal repairs in excess of $3,000.

The repairs needed are not extensive. However, the inspection revealed that the plumbing in the home is polybutylene piping and that the system has required repair in the past. THE OWNER DID NOT DISCLOSE THIS FACT ON THE NC DISCLOSURE SHEET.

Our current, highly-rated insurance agency won't cover the home without at least the plumbing fittings being replaced with copper fittings. Less reputable agencies will cover the home as is.

We do not want to own a home with PB piping that has clearly needed repair in the past. We do not want to switch to a less stringent insurance company.

Was the seller required to disclose the presence of PB piping that has required repair? Are we obligated to buy the home despite her failure to disclose?
**A: yes, the information should have been disclosed. Depending on the contingencies in your contract, you should be allowed to terminate. What is the cost of fixing the plumbing
 

Zigner

Senior Member, Non-Attorney
**A: yes, the information should have been disclosed. Depending on the contingencies in your contract, you should be allowed to terminate. What is the cost of fixing the plumbing
Cost to fix WHAT. The plumbing is currently functioning just fine.
 

Kiawah

Senior Member
I think you need to do some more investigation. Living in NC w/that piping, it's not the pipe that is the problem, it depends upon what fittings they used when building the house.

Polybutylene pipe connected with acetal plastic insert fittings, are the problem fittings.

Google Spencer Class Action, and you should be able to see descriptions of piping that has had problems in the past and covered by class action, and piping that doesn't have the problem.

Our house has 6 bathrooms, multiple sinks and kitchen connections, and in 20 years never a problem. Not aware of any of our neighbors having issues either.

So do a little more research, you may be unnecessarily concerned.
 

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