What to do about plumbing problems after closing on a house?

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What to do about plumbing problems after closing on a house?

We closed on our house on the 16th and moved in on the 21st. Then on the 26th, water started backing up into the bathtub and shower stall. We came to find out that the pipe that goes from our house to the sewer is either broken or not connected. The home warranty doesn’t cover the repair. Is there any legal recourse we have against either the seller or the plumber who put in the pipes?

Asked on August 29, 2012 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would not have recourse against the plumber, since you did not contract with him--you have no legal relationship with him.

You would have recourse against the seller only if you could show that the seller knew, or reasonably must have known (that is, any seller in his position would have had to know) of the problem and, knowing of it, concealed it. If that were the case, the seller may have committed fraud, which could provide a basis for recovery.


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