My question involves real estate located in the State of: Texas
We purchased a used home in August 2017. The home was built in 2002 and had one owner, who GC’d the building of the home himself.
First, when Hurricane Harvey hit, we discovered the balcony door was leaking. All indications were that it had been leaking for years. To repair we had to replace plywood around the door because it had been rotted out. The seller failed to disclose this leak.
Second (and this is the big one), we knew there was a power issue in the master bath before we bought the home. We had it diagnosed and determined that it was the whirlpool tub pump that was throwing the breaker. For this repair and a million others, we requested credit at closing (the seller had a previous inspection done and claimed everything was fixed, yet our inspection report was very similar to the first one, so his honesty was definitely an issue).
We opened up underneath the tub in October 2017 and discovered that the shower pan had been leaking into the area below the tub. There is black mold and wood rot. One plumber came out and said shower pan leak, and it had been leaking for a long time. The insurance company sent out another plumber, and during his inspection he determined no shower pan/liner had been installed at all. He also indicated that there was new wood installed under the tub, newer than the original wood, and since no liner was ever installed the leak started day one so most likely the wood is newer than the leak.
First, insurance rejected the claim due to a “prior condition.” My question on this is, if we didn’t know it existed, how can they not help us? Is this illegal or just bad business? If we brought suit against them would we win?
Second, the new wood under the tub indicates that the seller KNEW about the leaking shower pan and did not disclose. Is there a way to prove the age of the leak and the age of the new wood? If so I would like to go after the seller for not disclosing the leak. All indications are $23k-$26k to repair.
Thanks in advance for any advice.
We purchased a used home in August 2017. The home was built in 2002 and had one owner, who GC’d the building of the home himself.
First, when Hurricane Harvey hit, we discovered the balcony door was leaking. All indications were that it had been leaking for years. To repair we had to replace plywood around the door because it had been rotted out. The seller failed to disclose this leak.
Second (and this is the big one), we knew there was a power issue in the master bath before we bought the home. We had it diagnosed and determined that it was the whirlpool tub pump that was throwing the breaker. For this repair and a million others, we requested credit at closing (the seller had a previous inspection done and claimed everything was fixed, yet our inspection report was very similar to the first one, so his honesty was definitely an issue).
We opened up underneath the tub in October 2017 and discovered that the shower pan had been leaking into the area below the tub. There is black mold and wood rot. One plumber came out and said shower pan leak, and it had been leaking for a long time. The insurance company sent out another plumber, and during his inspection he determined no shower pan/liner had been installed at all. He also indicated that there was new wood installed under the tub, newer than the original wood, and since no liner was ever installed the leak started day one so most likely the wood is newer than the leak.
First, insurance rejected the claim due to a “prior condition.” My question on this is, if we didn’t know it existed, how can they not help us? Is this illegal or just bad business? If we brought suit against them would we win?
Second, the new wood under the tub indicates that the seller KNEW about the leaking shower pan and did not disclose. Is there a way to prove the age of the leak and the age of the new wood? If so I would like to go after the seller for not disclosing the leak. All indications are $23k-$26k to repair.
Thanks in advance for any advice.
Undisclosed Shower Pan Leak
Aucun commentaire:
Enregistrer un commentaire