 |
Undisclosed Defect |
| |
 |
My son recently closed on his first home. It was inspected. Almost immediately after, he noticed a musty smell. We pulled up carpet to find wet concrete and water damaged/rusty carpet boards/nails. We also noticed water-damaged baseboards behind the toilet.
We called back the inspector who said that he was not permitted to pull back carpet; however, he did not note the obviously damaged baseboards in the bathroom.
The damage is being caused by improper drainage from cement walkway. This is NOT new damage: it was pre-existing, but the owners didn't disclose it, and the inspector failed to notice the water damaged baseboards.
I don't believe my son should be responsible. Can you guide me toward a resolution?
Thanks,
Mary
|
| |
| |
 |
The first thing to do is to take pictures of the problems, and then to get estimates as to what it would cost to solve them. Your son could take the seller to small claims court, but he'd have to prove not only that the problem was pre-existing, but that the seller knew about it. If your son could have seen the damaged baseboards for himself in a "buyer's normally prudent inspection" some courts will not hold the seller liable. But there's no harm in trying small claims court, against either the seller or the inspector, or both. It's often helpful to have a singe session with a lawyer first, to get some advice about representing one's self in small claims court. |
| |
|
Edith
Originally published on July 10, 2007 |
| |
| |
|
Back to Summary
|
< Previous | Next > |
| |
|
|
