QUESTION
We just bought a home. After moving in we noticed that the floors were sagging a bit, so we are corecting this problem ourselves through a contractor
Asked on Aug 09th, 2012 on Real Estate - Alabama
More details to this question:
While investigating the problem, we discovered that there was a lot of water damage under both bathrooms. Our inspector noticed that there was a shower pan leak in the main bath and damage to the main bath floors. We gave the seller a copy of the report. They were supposed to fix it and we were told it was taken care of. They did fix the shower pan leak, but not the rest of the floor in the main bath. In addition, the damage extended to the master bath and slightly into the dining room and closet. There is a hole in the floor under the tub. Both bathrooms are going to need to be gutted and new subfloors put down. There is tile throughout the bathrooms that will need to be torn out. I''m not sure if the prior owners knew the extent of the damage, because my realtor brought in "her people" to fix the problem. It seems to me that any repair man would have told them the extent of the damage and told them what needed to be done.
1 ANSWER
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Your purchase contract is the most important factor in determining whether you have a cause of action. If you bought the house "as is", you will probably not be successful in pursuing the seller for a remedy. The adage "let the buyer beware" is applicable in many states - including Alabama. It means that the buyer has the responsibility of investigating the condition of the property and satisfying himself that it is acceptable. This principle is tempered by the principle that a seller cannot conceal a latent defect - one that cannot be reasonably discovered.
The fact that the seller's realtor has taken steps to at least attempt some repairs suggests there may be something in the contract that exposes the seller - or the realtor - or both to some liability; or perhaps that these defects were indeed latent defects that the sellers knew about (or should have known about).
If the realtor continues to reasonably attempt repairs, it may be that you will finally get the repairs you need without litigation. If that is not the case, you should confer with a good real estate attorney in your area for guidance.
Answered on Aug 11th, 2012 at 2:28 PM