• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Statute of limitations in TX on failure to disclose on residence with hidden flaw

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

txjeff

Junior Member
What is the name of your state (only U.S. law)? Texas

I read in a previous question that the statute of limitations in TX is 4 years for a real estate failure to disclose a flaw in a residence.

My problem is the builder installed Kitec piping that was recalled in 2005 by manufacturer and could cause leaks in new homes in our neighborhood, including mine, in 2007. I had an inspector in 2007 that failed to identify it at the water heater in our garage. It was somewhat hidden in that the piping was covered with a foam insulation sleeve and the builder painted the garage and the Kitec piping. 10 years later, I had the water heater replaced and the plumber said, 'You have a problem.' Then I researched it. The original plumber in this small town is now defunct.

It is frustrating that as a buyer there is little protection with a new house if an inspector fails to be thorough in their inspection. If I cannot go after anybody legally for not revealing this to me, and, in fact, many of my neighbors in our new homes, we are all going to be out at least $18000 to replace all the piping and fittings in the house.

In Nevada, similar failures of Kitec piping resulted in lawyers suing many builders for the installation and at least 4000 homes had their piping fully replaced as part of a multi million dollar settlement, and that was 6 years later.

Thanks for reading. Any ideas are welcome.
 


FarmerJ

Senior Member
Unless your inspectors contract required them to remove insulation, open up walls , open up outlets ,switches , light fixtures, to inspect the things one cannot see then I don't see any recourse against the inspector. Years ago polybutylene lines were the huge problem, they were so easy to work with and thousands of homes had them installed especially in modular homes, the lines were put together with crimp connections and if I recall some lines failed when used with chlorinated city water , anyway after that many years I don't know what your recourse would be but did find this >http://www.carsondunlop.com/home-inspection-services/the-story-of-kitec-plumbing/. I would suggest you use search engine, search on it more and then consider what you want to do.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top