Home Sellers Liability - Chicagoland Sportbikes
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post #1 of 9 (permalink) Old 04-17-2009, 09:05 AM Thread Starter
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Home Sellers Liability

So I bought this house I'm living in in August. I did notice a small piece of dry wall in the kitchen ceiling that appeared to be patched up. I did get a full inspection before closing on the house. Well this patch seems to be falling apart over time... flaking off. Well on Sunday... after taking a shower, I notice water in the kitchen dripping from that exact spot. I'm thinking ... someone has been in there before. I ask me realtor on Monday to see if she can ask the previous owner if someone had worked on something up there before. No response.

Long story short.... Plumber opens that section up yesterday and finds a rather large sponge in there directly below where it is dripping. WTF?!?!? Come to figure out the water is getting down there from a bad seal in the shower door.. not a pipe. Previous owner was the only owner of this house. It pisses me off that someone would try and cover up a rather simple problem to fix... and risk a mold problem. Thoughts?




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post #2 of 9 (permalink) Old 04-17-2009, 09:11 AM
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that is what people will do to get out of a house

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post #3 of 9 (permalink) Old 04-17-2009, 09:12 AM
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Thats awesome, I would have used a metal pan though.

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post #4 of 9 (permalink) Old 04-17-2009, 09:22 AM
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I believe if it was not disclosed in writing prior to your purchasing and it can be proven the previous owner had knowledge of it you have recourse. Depending on how much hassle you want to go through with and the cost of repairs it might not be worth it though, you need to figure that out.

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post #5 of 9 (permalink) Old 04-17-2009, 09:25 AM Thread Starter
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Originally Posted by Chicago Performance View Post
I believe if it was not disclosed in writing prior to your purchasing and it can be proven the previous owner had knowledge of it you have recourse. Depending on how much hassle you want to go through with and the cost of repairs it might not be worth it though, you need to figure that out.
It was def not disclosed.. and an obvious quick fix. I'll have to see how much of a dick I want to be about it. They do have to sign off in the sellers disclosure about leaks... ect. The drywall repair is not a big deal because they did such a shitty job the first time.




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post #6 of 9 (permalink) Old 04-17-2009, 09:42 AM
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yeah, they are in the wrong. If you want to spend a lot of time and hassle you can lawyer up and go after them. It'll take a while so ask yourself if it's going to be worth it.

This sucks, bro. The seller needs a swift for being shady.

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post #7 of 9 (permalink) Old 04-17-2009, 09:45 AM
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SOunds like youre screwed, he could come back and say that he payed a guy to patch up some drywall and the guy put a sponge in there without his knowledge or some bs. As far as the realtor they got their money so fuck you is their attitude.

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post #8 of 9 (permalink) Old 04-17-2009, 10:23 AM
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The repair with the sponge proves prior knowledge and intent to conceal a known defect.

That is specifically illegal.


Call your real-estate lawyer. ( you / they sign documents to this effect when you sell a home )


They are liable for cost to repair.


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post #9 of 9 (permalink) Old 04-17-2009, 10:26 AM
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FWIW ......if it leaked and no attempt was made to repair or conceal..... tough luck, your problem.


If there was a know defect that was not disclosed.... and knowledge of it can
be proven ( like the sponge in the ceiling ) that question is asked legally
during the sale process, failure to disclose is illegal.


Tom

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