No one disclosed drain problems
Q: We purchased our home just last week. The day we moved in, our first load of laundry caused flooding in the basement, so we called a plumber. He said the main sewer line, which is very old, is full of roots and has been that way for a long time. His estimate to replace the line is over $5,000.
According to the sellers’ disclosure statement, all drain lines were in good working order, but the plumber says this cannot be true. So now we are stuck with a major expense that we cannot afford. Our home warranty doesn’t cover tree roots and our homeowner’s insurance says it doesn’t cover preexisting conditions. Are the sellers liable?
A: The plumber’s description of old root congestion in the drainpipe indicates that there may have been previous sewage backups in your home. If so, the sellers were required to disclose this problem, but proving that they knew about it could be difficult, if not impossible. You could ask the neighbors if they ever noticed a plumber’s truck on the property. If they can provide the name of a plumber who serviced the drains, you might be able to prove nondisclosure.
Aside from the question of sellers’ liability, there is the matter of repair costs. Fortunately, there is an alternate method of drainpipe repair that is becoming popular because it eliminates the need for excavation and costly pipe replacement. Plumbing companies are now installing synthetic liners in old, deteriorated drainpipes. This enables the old pipes to remain in place, while preventing further root intrusion. To determine the viability of this approach to your drain problem, call a few plumbing contractors in your area to see who installs drainpipe linings, and get at least three bids.
Q: My son wasted his money for home inspections on two consecutive properties. In each case, he made a verbal purchase agreement with the sellers, hired the inspector on the advice of his agent, and then was told that a higher offer from another buyer had been accepted. His real estate agent told him that this is the chance you take when you buy a home. I think the agent is not protecting my son’s financial interests. When, in your opinion, should a home inspection be done?
A: The time to hire a home inspector is after you have an accepted offer and a signed purchase contract, not when you have a mere verbal agreement. A standard purchase contract states that the buyer has a specific number of days to conduct inspections, and the purchase is contingent on the buyer’s acceptance of the inspector’s findings.
Your son, as a first-time buyer, would not have known this, but his agent should definitely have known it. If your son was counseled to hire a home inspector without an accepted purchase offer, then his agent is not representing his interests and is professionally negligent, especially for letting it happen twice in a row. Your son needs to find another agent immediately and, if possible, should hold the first agent liable for his lost inspection fees.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.