QUESTION
Can I be entitled for a compensation from any parties involved in the real estate deal in case of a major gas piping issue in a newly purchased house?
Asked on Dec 26th, 2023 on Construction Law - New York
More details to this question:
I purchased a house located in Staten Island, NY on 12/07/2023 and moved in the house on 12/20/2023. On 12/22/2023 I noticed a smell of gas in the basement. I called the city gas company to report a gas leak. The technician arrived on the same day, identified a natural gas leak, shot down the gas and advised me to refer to a licensed plumber to resolve the issue. Neither the seller or the seller's agent has disclosed the gas leak. Also, the house inspector has not reflected the gas leak in the report. I am facing a considerable financial loss to cover the expanses related to the resolution of the issue. Please let me know if I can be entitled for a compensation from any parties involved in the deal and how to proceed in this situation.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
The big questions are whether the plumber can determine if the problem existed well before the property was sold, whether the seller had to have known about it, and whether a property disclosure form was submitted at closing or you received the $500 credit in lieu of the form. It seems unlikely that the sellers could've known of a gas leak and hidden the problem, considering a gas leak can be a life and property threatening condition. Unless you can prove that the sellers knew of this condition and failed to disclose it, unfortunately you have no claim against them. If you can prove the seller knew and deliberately hid the condition, you may have a claim against them.
Answered on Jan 01st, 2024 at 11:24 AM