Can I file a claim for buying a home with a cracked drainage pipe?
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Can I file a claim for buying a home with a cracked drainage pipe?
I purchased a home 2 1/2 years ago. I just had to replace a drainage pipe that plumber said had been cracked probably from the time the house was built 15 years ago. We also had black mold removed from the leak and also, of course, new sheetrock and plastering in 2 rooms. Can I file a claim for reimbursement and who would I file the claim with?
Asked on January 19, 2012 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You don't file a claim for reimbursement--you contact the seller and ask for payment and, if he will not voluntarily pay, you sue him for the money. To prevail on the suit, you would need to be able to prove not just that the condition existed when the seller lived there, but that he was (or reasonably had to have been) aware of the condition; if he was not aware of it, he would have had no duty to disclose it and therefore there would be no wrongdoing and no liability.
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