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Home > Law > Real Estate Law   »   Bought home seller hid defect

 
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Old May 21, 2007, 11:56 AM
mcknight
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Bought home seller hid defect

Hello...I bought a home 2 years ago in Minnesota the owner now lives in Wisconsin....when we moved into the house we started having problem with coming through the ceiling in the kitchen....we had a plumber come to fix something else and he said it must be coming from the shower ....but there was so much styrofoam, boards shoved above that he could not tell.....there are two bathrooms on the second floor and it was not until my father inlaw moved in with us that the 2nd bathroom was getting used daily...then we started having huge down pours of water coming through the down kitchens ceiling...I had to get a plumber out there and he pulled all the boards and styro foam out and just started laughing....he said that someone had tried to camouflage the problem with the boards and styro foam and that the one show did not even have a sub floor and advised us no to us it at all....then he went up and measured the shower and said that the shower stall size was to small /not up to code to even replace it. The problem is we bought the house 2 years ago...we have a disclose sheet from them that does not say anything about the shower..we also had an inspector who did not catch it because it was hidden...we contacted the real estate agent and she told us the sellers did not sign of on arbitration and said we would probably have to take them to court..but it would probably have to be in there state...help!!!!!!!!!!! thanks RHonda

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Old May 21, 2007, 12:33 PM   #2  
robertva
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Quote:
Originally Posted by mcknight
Hello...I bought a home 2 years ago in Minnesota the owner now lives in Wisconsin....when we moved into the house we started having problem with coming through the ceiling in the kitchen....we had a plumber come to fix something else and he said it must be coming from the shower ....but there was so much styrofoam, boards shoved above that he could not tell.....there are two bathrooms on the second floor and it was not until my father inlaw moved in with us that the 2nd bathroom was getting used daily...then we started having huge down pours of water coming through the down kitchens ceiling...I had to get a plumber out there and he pulled all the boards and styro foam out and just started laughing....he said that someone had tried to camouflage the problem with the boards and styro foam and that the one show did not even have a sub floor and advised us no to us it at all....then he went up and measured the shower and said that the shower stall size was to small /not up to code to even replace it. The problem is we bought the house 2 years ago...we have a disclose sheet from them that does not say anything about the shower..we also had an inspector who did not catch it because it was hidden...we contacted the real estate agent and she told us the sellers did not sign of on arbitration and said we would probably have to take them to court..but it would probably have to be in there state...help!!!!!!!!!!! thanks RHonda
Have you checked with any of those companies that specialize in fiberglass liners and enclosures? Is there any feasibility of taking a few inches from an adjacent closet or other room? would shifting the other fixtures a few inches or using a smaller sink/vanity make enough room available?

The plumbing problem may have been hidden, but I don't understand how the shower dimensions that were not in compliance with the building code weren't visible to the inspector. The shower might have been built under old codes that have been subsequently changed though.

Was the real estate agent paid by you or the seller? You may want to consider where their allegiance lies when they respond to your inquiries. If the real estate agent hired the home inspector there is also some POTENTIAL one or both are protecting a reoccurring business relationship.

Maybe you need a meeting with a lawyer with real estate experience that doesn't have a business relationship with the real estate agent or the inspector.
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