Seller didn’t disclose shower drain problem
Q: Before buying my home, I hired a home inspector. He was supposed to find all the defects, but he missed a plumbing problem. It turns out the shower in the basement has no drain connection. During the inspection, the inspector turned the shower on briefly, but he didn't notice the problem. The shower is a free-standing fixture that was connected to the water lines, but not to the sewer drain system. Instead, it is near a clogged floor drain. The first time I used the shower, the water ran onto the basement floor and began to rise. I've called the former owner, but he denies any knowledge of the problem. The plumber's estimate to repair this mess is about $3,000. Do I have recourse against the former owner or the home inspector?
A: Let’s review some of the details. The seller claims he was unaware that the shower drains onto the basement floor. Therefore, he is claiming that the shower was never used or even cleaned during the time that he owned the property.
Equally surprising is the home inspector's failure to identify the drain problem while performing the inspection. To gain some perspective on this lack of discovery, we should review the normal procedures for a shower inspection. Although not all inspectors employ the same sequence of testing, a thorough shower inspection would be somewhat as follows:
The inspector begins by verifying that hot water is plumbed to the left side of the faucet. The shower, therefore, must run long enough for hot water to reach the showerhead. All the while, water is flowing down the drain. When the hot water has arrived, the inspector adjusts the shower to a normal mixture of hot and cold. While warm water flows from the head, the toilet is flushed and the sink faucet is turned on to check for variations in shower flow or temperature. Had your home inspector conducted this type of inspection, water would have been running onto the basement floor for at least a full minute. If he did not see water on the floor, then the extent of his evaluation must have been very limited.
As for recourse, here are some suggestions: Invite the home inspector to reinspect your shower and ask him to explain why the lack of a drain connection was not discovered during his initial inspection. Notify the seller again, but this time in writing and by certified mail. Inform him that his lack of disclosure is unacceptable and that full payment for drain repair is expected. If neither is willing to address the problem, you can file a complaint in small claims court. If you choose that path, spend an hour with an attorney for advice on how to present your case in court.
To strengthen your case in court, have your home reinspected by a home inspector who has many years of experience and a reputation for thoroughness. A reinspection may reveal additional defects not found by the first home inspector and not disclosed by the seller.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.