Shower Leak Discovered Following Purchase of House

[pbw85]

My wife and I recently purchased a home where not long following closing we realized the upstairs shower is leaking. The thing is, when we made the offer on the house the bathroom in question was down to the studs. Our offer/contract specifically says "This offer is contingent on the seller finishing out the upstairs bathroom..." We had the house inspected following the completion of the bathroom remodel but no issues were noted, which is not crazy because the issue has to do with the shower pan and the leak only occurs when the water has been running for an extended period of time (i.e. a long shower rather than a short one). Additionally, since it was all a remodel there hasn't been enough time/usage for signs of a leak to begin to appear on the ceiling. We only noticed it because water was leaking through trim around a door directly beneath the faulty bathroom.

We have reached out to the seller and told them the issue but have gotten nowhere and their contractors are no longer answering our phone calls. Since the contract was contingent upon the seller "finishing" the bathroom do we have a reasonable case against the seller? I mean, technically the bathroom was "finished" in an aesthetic sense but is obviously not functional. Is this an issue best suited for small claims court? Where I live, small claims court is only up to $5,000, which likely won't completely cover the price of the remodel but would get pretty close. Or would this be best handled with attorneys in a larger venue?

 

[Zigner]

What US state?

Have you gotten a quote to repair the problem from a different contractor?

 

[pbw85]

Arkansas

Not an official quote but my brother owns a plumbing company and has detailed what range of cost it is likely to be.

 

[Zigner]

Arkansas

Not an official quote but my brother owns a plumbing company and has detailed what range of cost it is likely to be.

You ought to get an independent quote for the repair of the problem. You'll need that before you do anything in court anyway.

 

[pbw85]

Yeah. We plan it. Does this seem like we have a good case though?

 

[adjusterjack]

Get the repair price first. Then come back and talk about a case.

 

[quincy]

Yeah. We plan it. Does this seem like we have a good case though?

Who did the bathroom work? The seller, or a licensed and insured plumbing contractor?

You could file a claim against the contractor.

 

[BuyLowSellHigh]

Do you have an expert willing to testify about the cause of the leak and evidence that the leak existed prior to your purchase of the home?

Is there any evidence that the seller was aware of the leak? That the seller tried to hide the leak? Was a new shower pan installed?

I was sued in Indiana because of a leak after I sold a home. I had an expert that had done a repair prior testify that the new issue was unrelated to prior work he had done. The judge said that the other party needed to prove fraud like a cover up.

 

[pbw85]

Who did the bathroom work? The seller, or a licensed and insured plumbing contractor?

You could file a claim against the contractor.

The seller hired contractors. I'm not sure of their licensure though.

 

[PayrollHRGuy]

You might want to check with the installer as there may be a transferable warranty on the work.

 

[quincy]

The seller hired contractors. I'm not sure of their licensure though.

You can check with the state to see if they were licensed and insured at the time they completed the work. If the installation was faulty, you could file a claim with the insurer.

It does help to have more than one estimate for repairs.

 

[pbw85]

Do you have an expert willing to testify about the cause of the leak and evidence that the leak existed prior to your purchase of the home?

Is there any evidence that the seller was aware of the leak? That the seller tried to hide the leak? Was a new shower pan installed?

I was sued in Indiana because of a leak after I sold a home. I had an expert that had done a repair prior testify that the new issue was unrelated to prior work he had done. The judge said that the other party needed to prove fraud like a cover up.

If I needed an expert, I would use whoever I get as the independent contractor to fix the problem. I've talked to two plumbers about the issue and although they haven't came out yet to look at the problem (everyone is busy right now) they both have immediately said it sounds like they didn't install the shower pan correctly. The bathroom was stripped down to studs when we signed the contract with the seller so the whole bathroom was a complete remodel. I doubt we can prove they knew it was leaking because they likely never used it before moving out. The thing is that the contract was contingent on the bathroom being completed. So if they didn't install it correctly and there would be no reasonable way for is to have known prior to closing then shouldn't the seller be liable?

 

[quincy]

If I needed an expert, I would use whoever I get as the independent contractor to fix the problem. I've talked to two plumbers about the issue and although they haven't came out yet to look at the problem (everyone is busy right now) they both have immediately said it sounds like they didn't install the shower pan correctly. The bathroom was stripped down to studs when we signed the contract with the seller so the whole bathroom was a complete remodel. I doubt we can prove they knew it was leaking because they likely never used it before moving out. The thing is that the contract was contingent on the bathroom being completed. So if they didn't install it correctly and there would be no reasonable way for is to have known prior to closing then shouldn't the seller be liable?

The bathroom was completed. The seller probably trusted that the contractor hired for the job knew what they were doing.

I think your best action is against the contractor the seller hired. You potentially could have your own homeowners insurance agent handle this for you.

 

[zddoodah]

the upstairs shower is leaking. . . . the issue has to do with the shower pan and the leak only occurs when the water has been running for an extended period of time (i.e. a long shower rather than a short one).

When someone says "the shower is leaking," that usually means a leak from the shower head. Doesn't sound like that's what you're talking about. Correct?

Since the contract was contingent upon the seller "finishing" the bathroom do we have a reasonable case against the seller?

If you've accurately quoted the contract, the answer is no -- at least not based on breach of contract. The shower was "finish[ed]" (or "finish[ed] out," although I've never heard that term). If you can prove that the seller knew of the leaking issue, you might have a different type of claim.

Is this an issue best suited for small claims court? Where I live, small claims court is only up to $5,000, which likely won't completely cover the price of the remodel but would get pretty close. Or would this be best handled with attorneys in a larger venue?

It's a repair, not a "remodel." If the repair cost exceeds the limit of small claims court, then you have to make a value judgment about waiving the amount in excess of $5k or going into "regular" court. That's a decision only you can make, but the specifics of your state's small claims court are relevant to the decision. I don't know if AR allows lawyers in small claims court. If it does, then it may not make much difference. Just know that, if you decide to hire a lawyer, you might not be able to recover the fees.

 

[quincy]

Plumbers in Arkansas require a state license, which is issued by the Arkansas Department of Health, Plumbing and Natural Gas Division. You can check to see if the plumbing contractor was licensed. Here is a link with some additional information:

https://www.aclb.arkansas.gov/faqs/

Many communities also require city permits before some home improvement or repair work is done. You might check to see if such a requirement exists for your community and, if so, if a permit was properly applied for and approved.