What should I do if I just closed on a house 3 days ago and when moving in we started getting water coming up through the hallway floor?

There was no evidence of a problem on the move in walk-through but water appeared after the A/C had been on a while. The installer of the A/C came and said it wasn’t the pipes; they were plugged and working well. The problem is in the wall or foundation, which he said they are not responsible for. Who is responsible to fix this? The real estate agent wanted me to immediately file a claim against my insurance?

Asked on June 4, 2012 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, I would immediately call your lawyer.  Although generally speaking issues with regard to a home do not "survive closing,"  this seems to be something an inspector should have caught or maybe that home owners should have known and disclosed.  You need to have some one come in to determine when the condition may have started (an expert of sorts to use).  And calling your insurance is a good second choice but if it is pre-exisiting you may have an issue.  Good luck.

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