Who is liable for collapsed sewer pipe?
Q. Weeks after buying our house, we had a sewer backup. Our plumber said the main line from the house to the street is an old-fashioned pipe material called "orangeberg." The line is collapsed and will cost more than $8,000 to replace. The sellers never mentioned this damage in their disclosure statement, so we think they should pay for the repair work. Do you think they are liable?
A. Disclosure liability depends upon what the sellers knew before they sold the property. Their disclosure statement is the document where they must list all known defects. The key word here is "known." If sewage backups had taken place while the sellers still owned the property, and if their plumber had informed them that the line needed replacement, they would have been required to disclose that information.
The question of liability, therefore, hinges on whether or not they had experienced sewage backups and whether their plumber had informed them about the orangeberg pipe.
Most people have never heard of orangeberg and would have no way of knowing what kind of sewer pipe was buried in their yard unless their plumber told them about it. Orangeberg sewer pipe was commonly installed in residential subdivisions during the 1950s. Its use was an example of poor judgment by those who used it, because of questionable composition. Orangeberg consists of cellulose fibers (a wood byproduct), compressed and infused with a tar-like substance for moisture resistance. In a sense, it is like using a roll of wax paper for water piping: it will resist water penetration temporarily, but saturation and decomposition are inevitable, resulting in eventual collapse and costly replacement.
You may be able to convince the sellers to share in the repair costs, but that is a subject for negotiation. The problem was obviously a pre-existing one, even though they may not have been aware of it. Orangeberg does not suddenly deteriorate. The damage was already there and was merely discovered after you became the new owner. Hopefully, the sellers will agree to help out with this repair.
Q. My air conditioner was just serviced, and the contractor insisted I install an electric shut-off switch at the condenser unit on the side of the house. This seems like a needless expense because the system operates perfectly, and there is an adequate shut-off switch at the breaker panel in the garage. Why should I pay for an extra shut-off switch, when the system works fine without one?
A. An electrical disconnect switch is required near or within sight of your air conditioning condenser. The intent of this code requirement has nothing to do with performance. It is a matter of safety. A switch that is located near the unit enables a repair technician, such as your contractor, to turn off the power at the work site, with the assurance that no one will switch the power on at another location while the internal components of the system are exposed for repair. The intent of the code is to protect your contractor from being shocked or electrocuted.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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