What to do if inspections failed to disclose a problem with the pressure release valve and now we have flooding in our newly purchased home?

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What to do if inspections failed to disclose a problem with the pressure release valve and now we have flooding in our newly purchased home?

My wife and I purchased a foreclosed house, which we had previously paid for inspections on (water, septic, boiler heat – which was reported in good condition with no leaks 2 weeks ago). After closing today, we arrived to change the locks and found the pressure release valve has been leaking for a long time. Now the heating system, the closet, and the carpet in the bedroom are completely under water and possibly ruined. Who is responsible for the repairs? We were not offered a final “walk through” inspection.

Asked on September 23, 2011 under Real Estate Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, in many foreclosed home sales, walk throughs are not mandatory and are often disallowed. You will need to review the complete inspection report from top to bottom and then decide if the inspection only covered patent damages and defects or if it also covered hidden or latent defects. If it covered hidden defects, talk to the inspection company about their inspector's failure to properly inspect the property. Then, talk to your insurance company about making a claim with the seller (the bank) and the inspector. You may not have much luck with this because ultimately the time you had the inspection to the closing, a lot of things could have happened and it is usally up to the buyer to ensure the inspection is as close to the closing as possible. File a complaint with the bank's regulator and see if that will also help you with a resolution.


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