New home issues

[dja4260]

Extremely frustrating.

We purchased a home from a pleasant 81 yr old lady. She had the home custom built in 1990. The home is in very good condition and didn't need anything major. The inspection report affirmed those thoughts. The house was purchased "as-is". The inspection report found only minor issues such as some rotted wood on the deck, and non-GFI outlets.

We move 800 miles and close on the house. 5 hours after taking possession of the home, my wife gives our daughter a bath in the guest bath upstairs. To my surprise, when draining the tub it starts leaking into my living room (almost immediately). I call inspector and realtor, the inspector agrees to come take a look in two days.

The following day, we give my daughter a bath in the master bath. To my surprise, the drain is leaking into my living room yet again. I again, call the realtor and inspector.

I take pictures of everything and wait for the inspector to come. He shows up, is professional. We remove the drywall and find both leaks at the union where the brass tub drains change to PVC. Inspector is denying liability up and down but wants to make it right. He offers to refund me the inspection cost....

I know that I signed paperwork releasing him of any wrongdoing, The seller stated that she hasn't used either tub in 15 years as her health didn't allow it. I believe her, however, she hasn't offered to help with the cost, nor is she legally obligated to. I just need to remain cool as telling him how I really feel won't help me. I don't feel the company did a good job.


Yesterday, I replaced the drain assemblies for both tubs. I'm going to drywall over the repairs, and I hired a company to paint my kitchen cabinets. He said that he was able to popcorn the repairs identical, without fear but he would need to repaint the 1000 sq ft of first-floor ceiling to match. We agreed on a price that is exactly what the inspector is willing to pony up,$400.


Not a great start to my South Carolina living.

I'm out $100 in plumbing material cost, 5 hours of my time, and LOTS of frustration.


Thanks for listening to my rant!

Also, delivery guys dropped my fridge off the truck in front of the house. A new one comes on the 24th......

 

[Rolla07]

I feel your pain. Been through similar concerns, floor tiles cracking and a shower drain that leaked into my basement just shortly after moving in. Unfortunately, when you have an inspection, you cant see beyond the walls. Do you have any hidden defect laws where you are? Beyond the frustration, not sure if worthwhile but might be good to speak with a lawyer. Personally, my understanding is a home should be functional when put for sale unless otherwise noted in bill of sale. I am unsure of how the law is there but I wonder if her defense of not using the tubs in 15 years is valid. Did you notice any signs of a leak prior in same spot?

 

[FirstNissan]

Since the cost is only a few hundred dollars and a couple of hours, if I were in your place I would get the refund from the inspector and leave it at that. No use getting involved with the legal system and creating more troubles for everyone involved. The home was as is, you state that it is in good condition overall, and I don't think it's fair to drag The elderly previous owner through the system for no fault of her own. Congratulations on the new purchase, once you get the small issue sorted I am sure the house will serve you very well for a long time to come.

 

[Mr Nice]

Originally Posted By: FirstNissan
Since the cost is only a few hundred dollars and a couple of hours, if I were in your place I would get the refund from the inspector and leave it at that. No use getting involved with the legal system and creating more troubles for everyone involved. The home was as is, you state that it is in good condition overall, and I don't think it's fair to drag The elderly previous owner through the system for no fault of her own. Congratulations on the new purchase, once you get the small issue sorted I am sure the house will serve you very well for a long time to come.


I agree 100%.

Unfortunately many home 'inspectors' overlook lots of problems then deny it was their fault.

 

[deanm11]

It would unfair to go after the seller on an 'as is' sale. Take the inspector's refund AND give bad reviews on his business if possible- the water should have been run in all fixtures- you owe the reviews to future customers, though I would include that you were given the refund. There are WAY worse things to find than this.

 

[gathermewool]

Did you walk through the house prior to purchase or did you purchase sight-unseen?

One of the easiest checks I perform on a house I'm interested involves running water in tubs and sinks to check of water pressure and temperature issues, as well as leaks.

 

[Wolf359]

Originally Posted By: deanm11

It would unfair to go after the seller on an 'as is' sale. Take the inspector's refund AND give bad reviews on his business if possible- the water should have been run in all fixtures- you owe the reviews to future customers, though I would include that you were given the refund. There are WAY worse things to find than this.


Yeah, inspector wasn't any good. I've been on lots of home inspections, they always run the water in the sink and tub and flush toilets. Sounds like your inspector wasn't very good. There are some out there that take short cuts. How long did the guy take? I was on one recently where the guy blew through 3 units in about an hour. I of course represented the seller so I didn't say anything, but that was one of the worse inspectors I had ever seen, cut corners everywhere. That type of inspection usually takes at least 2-3 hours and maybe as much as 3-4.

 

[PimTac]

Not to make excuses on the behalf of the inspector, but if your real estate market is hot like ours is in the Seattle-Tacoma metro, they are super busy. He may have cut corners to speed up the process if he had more locations to go to.

His refunding the fee is acceptable in my opinion. I'm not sure how the transition is between the metal drain and the pvc drain but if not used over time they tend to leak until they seal up again. I've done a few that leaked right after installing but quit within a couple of uses.

My experience in buying homes is that there is always a surprise waiting.

 

[Chris Meutsch]

Yeah, the three houses I've had inspected all had every tub/sink/toilet ran extensively for a 1/2 hour.
My inspections lasted at least 2 hours every time. You got hosed.

 

[Dave Sherman]

I'm a little surprised the inspector didn't run the tubs, every inspection I've had they usually turn on all the faucets and showers, and flush the toilets at the same time to make sure you have adequate water supply, the drains don't back up, and to check for leaks. Unless you can prove the seller tried to conceal the problem, you're kind of out of luck. I had a buyer blame me for problems that I didn't know about, so I got to learn about the "buyer beware" laws.

 

[bioburner]

Theres almost always a few bumps in the new to you home and same with used cars. I had a home purchase that I did not do a day of walk through as I had a long drive to get to closing and it bit me. In previous owners leaving they had not returned the downspout to the down position after mowing and it had rained dumping some water into the basement so my first day of home ownership was spent pulling out the carpet, mopping and bleaching. Latter found even though the electrical panel and new wiring had been inspected the outlets had the ground wires removed. Found that out when I plugged in a UPS to protect the computer

 

[Ethan1]

I'm sure that a lawyer would argue that checking for water leaks is an expected part of a home inspection and the inspector was maybe even negligent for not doing it, since even we laypeople on BITOG all know about running the bathtubs. I'm guessing it's not worth the additional hassle of hiring a lawyer and drawing out the process when you want to be settling in to your new home. You should probably get a different inspection company to come out and do a better inspection, then decide how to proceed.

 

[Chris142]

Inspectors dont do much. Passed a house a friend bought that had the pipes plugged with cement.

 

[supton]

Bummer. I'm kinda surprised that the house went as-is? I mean, when that occurs, isn't it understood that an inspection is going to find something large? Couple of non-GFCI's shouldn't trigger an as-is sale.

Then again... outside of a new house sale with a warranty, aren't all houses sold as-is? As in, one would have a high bar to clear to take the former owner to court over. Shoddy work done without permit and not in conformance to code, etc.

Anyhow, sorry to hear that. In my case I spent all day moving boxes, then went to bake a frozen pizza. Turns out, oven wouldn't work. I then went to microwave the pizza. Guess what also didn't work? Minor repairs but I wasn't happy either. Later on the house which didn't leak--did.

Hope the rest goes better!

 

[Donald]

Get rid of the popcorn ceiling. Its so dated. You could have pushed for a home warranty as part of the purchase.

 

[Inspecktor]

Several years ago a young couple bought the house across the road. After the first rain, the lower level was several inches deep in water. Contractor found old water damage and mold everywhere. At the arbitration hearing, several neighbors,including me, testified to seeing the sellers drying out the carpeting after heavy rainstorms, and being shown where water leaked into house from icedams, ect. The arbitrator found that, even though there was ample evidence the sellers lied about water intrusion on the disclosure form, no damages were awarded because the inspector had given the house a clean bill health. All the new owners got was a refund of the inspection fee, and a $20,000 plus bill for repair and landscaping.

 

[Bandito440]

I've experienced something similar; I purchased a house in mid-winter and found that the A/C was neither functional nor serviceable come spring.

It sucks, and I feel your pain.

 

[Bud]

Just chalk it up to will know better next time and let it go. Could have, would have, should haves are a dime a dozen.

 

[bmwpowere36m3]

No home inspector will find everything.... simple as that.

 

[dja4260]

I have a home warranty. The deductible is $75, and it's a process. Per the fine print, they would repair leaks and patch ceiling to a rough finish. Well, I just did that for $100 and didn't need to wait weeks.

The inspector said that they ran all the water in the house. The pictures in the inspection report didn't say that. Simply said the tubs "appear" to be functional.

I spoke to an attorney, the retainer fee was $1500. I would need to take him to small claims court. This is the easiest solution. I want to move on and enjoy southern living.

Finished the work this morning, all I need to do is drywall. I'll wait a week to ensure no leaks.