Disclosure Statement

[Brianb]

I recently purchased a home in the Pittsburgh PA area. After a month of being in the home, every time it rains the bay window in the living room leaks tremendously. The problem is that the sellers signed a disclosure statement, but failed to mention this leak. It is obvious this leak had occured in the past. We even noticed some damage on the inside woodwork before we purchased the home. They claimed they had left the window open during a storm. We got an estimate to fix the leak and replace the inside woodwork that had been damaged. They do not want to pay for it. They want to come out and re-caulk the window only. They refuse to pay for the inside damage, saying we saw it. My problem is that they lied by not informing us of the leak on their signed disclosure statement. What are my options here? Should I be able to collect the full replacement cost? or just to fix the leak?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Brianb:
I recently purchased a home in the Pittsburgh PA area. After a month of being in the home, every time it rains the bay window in the living room leaks tremendously. The problem is that the sellers signed a disclosure statement, but failed to mention this leak. It is obvious this leak had occured in the past. We even noticed some damage on the inside woodwork before we purchased the home. They claimed they had left the window open during a storm. We got an estimate to fix the leak and replace the inside woodwork that had been damaged. They do not want to pay for it. They want to come out and re-caulk the window only. They refuse to pay for the inside damage, saying we saw it. My problem is that they lied by not informing us of the leak on their signed disclosure statement. What are my options here? Should I be able to collect the full replacement cost? or just to fix the leak? <HR></BLOCKQUOTE>

What is the age of the home and when did you close? Does this window leak when it is tightly closed? What kind of material is the window frame made of: wood, metal, vinyl? Do you know the brand? Where is it leaking from and would caulking at the joints (between the frames and the house siding) resolve the water infiltration problem? Did you get a home inspector, architect or contractor to inspect the window and interior house wall to confirm in writing that the condition is old and ongoing? Are you taking photos of the damage? Did you use a real estate agent to represent you and did you hire a home inspector to inspect the home prior to your purchase? How much is the estimate to fix: 1) the leak 2) the inside woodwork? Any problem with the interior window wall? What type of house siding do you have: wood, hardboard siding, metal, vinyl, stucco, EIFS etc.?

 

[Brianb]

We closed on the house June 30, 2000 and started the process of trying to get the sellers to repair the problem after the first rainfall. We had a home inspector who looked at the window and the damage to the woodwork prior to closing and he thought it probably was a result of leaving the window open during a storm (which we now know was not the case).

The leak is in a strange place. It does not come from not closing the window tightly enough. The leak comes from the top of the frame between the board on top of the inside frame and the molding that goes around the wall. I have documented it with pictures and video. We do have a real estate agent we are working through, but the process is slow.

The home is 45 years old, but the bay window looks to be a rather new addition (not sure how old). The exterior of the home is brick and there is no visible damage to interior walls. The interior woodwork is faded and warped.

We had an indepedent contractor (recommeded by my real estate agent) come out to write up an estimate. The contractor said the flashing that is currently in place is not the proper flashing (he said we needed stepped flashing). He prepared a quote to replace that flashing, reseal the joints and replace the interior woodwork. That came to a total of $1200. I am not sure what it would be to replace the flashing and reseal the joints only.

By asking me if we had a home inspector, could he assume any liability in this case?

I think we can positively prove, through visual identification from myself, my wife and my real estate agent that there was damage to the interior woodwork before we closed on the house and the sellers failed to notify us of this leak on their disclosure statement.

I think they should be responsible to get the leak fixed as well as replace the entire interior woodwork which is faded and warped. Am I correct?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Brianb:
We closed on the house June 30, 2000 and started the process of trying to get the sellers to repair the problem after the first rainfall. We had a home inspector who looked at the window and the damage to the woodwork prior to closing and he thought it probably was a result of leaving the window open during a storm (which we now know was not the case).

The leak is in a strange place. It does not come from not closing the window tightly enough. The leak comes from the top of the frame between the board on top of the inside frame and the molding that goes around the wall. I have documented it with pictures and video. We do have a real estate agent we are working through, but the process is slow.

The home is 45 years old, but the bay window looks to be a rather new addition (not sure how old). The exterior of the home is brick and there is no visible damage to interior walls. The interior woodwork is faded and warped.

We had an indepedent contractor (recommeded by my real estate agent) come out to write up an estimate. The contractor said the flashing that is currently in place is not the proper flashing (he said we needed stepped flashing). He prepared a quote to replace that flashing, reseal the joints and replace the interior woodwork. That came to a total of $1200. I am not sure what it would be to replace the flashing and reseal the joints only.

By asking me if we had a home inspector, could he assume any liability in this case?
****HomeGuru: actually in numerous seller disclosure litigation cases, many Sellers claim that if the buyers had a home inspection completed, the defects should have been uncovered by the inspector and therefore disclosed to the Buyer. If the home inspector did not do his job, the Buyer should go after the inspector and not the Seller. What did your home inspector report with respect to the condition of the exterior window flashing, caulking etc. and the interior frame, sill, woodwork etc.? Keep in mind that the Buyers home inspection does not relieve the Seller from failure to disclose material defects.

I think we can positively prove, through visual identification from myself, my wife and my real estate agent that there was damage to the interior woodwork before we closed on the house and the sellers failed to notify us of this leak on their disclosure statement.
****HomeGuru: on a seller disclosure claim, you need to use experts such as a home inspector, contractor, architect/engineer etc.

I think they should be responsible to get the leak fixed as well as replace the entire interior woodwork which is faded and warped. Am I correct?<HR></BLOCKQUOTE>

It would appear that you are.