Recourse for undisclosed issues in home purchase?

[Jesse Jaymes]

How difficult is it to seek some sort of recourse for major issues not disclosed in the purchase of a home?

I purchased in July of this year. Now that it's cold.....I have no water in the master bathroom. Which I was told was a recent (last two years) addition to the home. The previous owner HAD to be aware that water lines are freezing at some location. This isn't going to be an easy fix.

I got hosed. Is there anything I can do????

 

[kid44]

Call a real estate attorney.

 

[SDHNTR]

Your home inspector should have caught any non compliant plumbing.

Your only recourse is to lawyer up. Known defects are required to be disclosed. Unknown issues cannot be disclosed. Proving the difference is how real estate attorneys earn their keep. Good luck.

 

[WCB]

Have you found where it is freezing and is anything damaged? May be just less stress and hassle to fix it.

But, yes above real estate lawyer.

 

[SteveCNJ]

I don't know where you live and I'm not an attorney but if they don't disclose known major issues it should be fraud. I live in SC and am moving. I saw the disclosure and there were specific questions about water. I'll second, get a consultation with an attorney.

Sent from my SM-G965U using Tapatalk

 

[Jesse Jaymes]

I have ZERO clue. No exposed plumbing lines or lines that I can trace.

 

[wyosteve]

The difficulty is going to be proving the previous owner knew of the issues.

 

[journeyman713]

Plumbing on an exterior wall, particularly the North wall, is not a good idea this far north.

It's possible the previous owner didn't know about the freezing. This is about as cold weather as there has been in two years.

Now that you know, you'd be smart to focus on the pipes Not breaking.
If there is a bathroom cabinet between you and the wall, keep it open when it gets this cold, point a fan at the wall till it thaws.

Go outside, look at where the pipes would be in the wall. Is there a soffit vent close by, cover it.
Is there a crawl space below the room, is it heated?

 

[elkyinzer]

As stated check with a lawyer that knows the laws in your state, but my opinion I doubt that would rise to the level of material defect for failure to disclose, let alone being able to prove the seller even know about it, which they may not have. Risks of home ownership. My last house the upstairs bathroom froze up one year when it hit -15, but that's record low temps around here not normal conditions. All I had to do was crack the door to the crawlspace and problem was solved.

Check to make sure you aren't covered by any add-on warranties. Home Inspectors will often have them but most only go out 90 days.

 

[LostArra]

We have an upstairs sink that can freeze given a very frigid temperature and a specific wind speed/direction. It didn't happen the first 5 years we lived here but once it occurred, I got it thawed with a small hole in the dry wall under the sink (in a cabinet) and a little heat gun action. Now we just keep it dripping in temps below 15 which doesn't happen much around here.

 

[Jesse Jaymes]

This has been the most mild of winters here in quite some time. I think it would be quite easy to pull certified recorded temperatures and show temps below today's low of 13F. It's nowhere near crazy cold.


The guy knew....it's that simple. However.....getting an acknowledgment or admission....I fully realize that is going to be a challenge. I got fukt.

 

[tdot]

I'd spend the time & energy resolving the frozen pipe asap. It's alot easier to deal with them frozen, then when they thaw and are leaking.

Get a decent plumber or General Contractor to trace the pipes. If you're handy, trace the route of the water lines from the Master bath back to the original construction. Crawl space or attic space are the most likely culprits. Next area to inspect is exterior walls.

Is the entire masterbath lacking water? Or just one or two fixtures? That will help you locate the frozen pipe.

 

[live2huntelk]

Disclosure Requirements for Selling Idaho Real Estate

If you’re selling a home in Idaho, you’re legally required to disclose any known problems to the buyer before closing. Here’s what you need to disclose.

listwithclever.com

Section 55-2508 – Idaho State Legislature

legislature.idaho.gov

 

[mtnbiker208]

Did you leave something open, a vent or a door or something.? More than likely something simple like that.

 

[NoWiser]

I think your money would be better spent fixing the problem than going after the previous owner. Worst case it costs slightly more. Best case, it costs much less. Regardless, you need to do something ASAP so you don't have frozen lines and a flood.

 

[dieselchessy]

It could be as simple as you keeping the house a different temp than the previous owner, or you use a fireplace more than the furnace, or you have the furnace vents closed in the addition, or those foam blocks in the foundation vents, Ect..,,,

On my house pipes are in the insulation under the subfloor. The furnace vents run the same area. When it’s real cold we run the furnace a little with the pellet stove to keep the crawl space warmer.

No way a previous owner could teach a new buyer everything about operating a specific house, and they don’t come with instructions.

 

[zion zig zag]

Curious if they pulled a permit for the work. If so, get inspection reports.

 

[wapitibob]

About the only way for water lines to freeze is to put them on the exterior wall. Occasionally they'll freeze under the house but again usually where they're close to the stem wall.

 

[alecvg]

Our house’s pipes froze the first night we lived in it. Part of living in the cold IMO. I fixed everything myself, and learned to run heat tape, and work on keeping the house temperature up

 

[Anello]

It has been said, but a little devils advocate non-legal, and personal opinion. Known material defects must be disclosed. If it were me, I would argue that no running water in a significant portion of the house, if known, is a material element of a purchase contract as it adversely affects both the value of the home (or requires an immediate, unforeseeable and likely significant remedy), and reduces the SF of livable space for X amount of time per year. Indoor plumbing is a material element of any home purchase contract. Structural elements of a home are not the only material elements of a home. Modern homes have plumbing, electricity, DWV, and mechanical systems (where necessary). Those are material elements of the home. If a portion of any of those were significantly damaged or unusable for an indefinite period of time per year, I would argue that is a material element that requires disclosure. Counter arguments exist, obviously, and I would guess that there are a lot of details to sort through. But, again, if it were me, I might articulate all that in a letter to the previous owner and politely suggest a meeting to discuss a remedy. They are under no obligation to do so absent of some compulsion (they clearly did not consider it a material element), so be very nice. It is also very possible that they are good folks who appreciate you buying the home. They may want to help!

Case law exists on the topic, I would imagine, which you can likely find on your own. Additionally, a quick look through the code book, and the online statutes pertaining to property law in your state could help. Not to ball bust them, but so you know your leal rights prior to engaging.

Or, call a lawyer. Lots of good property lawyers about, and they are not terribly expensive for simple issues like this.