What to do about polybutylene pipes?

We moved into a house 3 years ago; every year we have experienced a water leak. I found out today that we have polybutylene pipes for which there is a class action lawsuit pending. Our house was built within the law suit guidelines but unfortunately we were not the owners during the time rame of the lawsuit. If this was not disclosed at closing, do we have just cause for a lawsuit of our own against the previous owners? Also, if we can find out if previous owners benefited from this lawsuit but never changed the pipes, could this be just cause as well for a lawsuit?

Asked on June 11, 2012 under Real Estate Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can always check with defense attorneys to see if the previous owners collected on the suit but the better approach would be to simply file your claim on your own. In order to do that, you want to make sure you are not extinguising any rights you have, so you should speak with an experienced class-action attorney, who can tell you whether it would be required for you to join the class action or file a separate suit.

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