How do I find out if the people who lived in my condo before me experienced water damage they did not disclose
April 4, 2010 by
Filed under condo water damage
My condo was built in the 70’s, and the people before me did absolutely nothing to update. Whether it was appliances, fixtures, toilets.. nothing. The only room that was completely renovated was the kitchen (minus appliances). I am wondering if they at some point had a pipe burst which forced them to do the upgrades. The reason I am suspiscious is because over the past two winters I have had my pipes freeze twice. Both instances resulted in me having to call a plumber out. Is there any way I can go back and find out if they did in fact have problems while they were living here that they did not disclose to me? I take all the precautions I can when we have extreme weather. i.e. leaving a trickle in the line, leave cabinet doors open so heat can get to the pipes, and I even will leave a space heater on in the kitchen if I am home.
First off, it is not uncommon that only a kitchen would be renovated. Kitchens have the highest return for your investment dollar than any other large renovation.
The person(s) that can tell you if this had happened previously is(are) the plumber(s). Or you could look yourself. If the original plumbing has been changed, good chance it happened previously. However, if your during your previous pipe failures, if they replaced what was already replaced previously, how will you be able to tell?
I don’t know if there is a statute of limitations, but you have clearly been in the house 2 winters, hard to go back to the sellers now in my opinion.
I suggest you insulate your pipework to help prevent the freezing. You can get pipe insulators at your local box store. This will help alot.
Did you have a Realtor?
If so contact them.
They should respond, because it is a material fact.
My advice is, since you have already retained a plumber. Have
them to insulate the pipes.
When they go in to insulate the pipes they can tell you whether there was any damages incurred prior. If there is evidence of
damages. Contact the Realtor or the Title Company. the Agent
has a responsibility to aid you. Because they must aid you in
knowing material facts.
Why else have a representative, if they
are looking out for your best interest as to material facts?
In order to locate the Seller.
Write them a letter and explain the issue.
Some Sellers comply, because they are aware that they
can be liable. They may pay your cost or you may have to
take them to court, if they get snotty with you.
Statue of limitations is the date that you discover the
damage and it’s no fault of yours. You have to prove that
it was their fault and they had faulty work perform.
By the way. If you have to sue, include the Real Estate Brokerage.
Good Luck
Do you know how water damages wood and other surfaces? Normally there is a discoloration, or even a degradation of the surface. Metal rusts, wood rots. Drywall can perhaps look like it’s discolored, more often than not, mold will grow when it gets wet enough and is wet long enough. Carpets often will not show signs of water damage on the top, but perhaps the padding underneath or the underlayment might show signs. The floor and sub-flooring would also be likely to show signs since they are made of wood.
When enough water flows, it will start to penetrate the floors and leak to the lower levels. Go to the lower levels and look at the ceilings. Are there round or discolored marks? Look at the floor directly below those ceiling marks, are there marks on the floor? If the ceiling is unfinished, check to see if the joists and the sister joists that hold the upper floor have discoloration, especially in a pattern like water dripped down it. Look at the pipes. Are there signs of rusting or other oxidation? Look at the electrical conduit and junction boxes. Are there signs of rust there? There should be *no reason* for water to run on conduit. That’s a bad sign. Often the discoloration is due to the minerals in the water that were left behind as the water dried/evaporated away. So the “lines” and “swirls” that might be left behind from a water disaster would be the minerals deposited on the surfaces.
If the pipes are freezing, is there any insulation in the walls? My house was REALLY old (80+ years) and the walls were hollow. Yours is only 30 or so, but still check that out. The pipes only freeze if the temp has been below 32 deg long enough. That should not be an issue indoors.
Also look at the piping. Is there a contrast of newer and really old piping? Look at where the pipes join together. Are they showing signs that they have rust or are they tight and clean (w/ maybe some dust for age)?
If any of these signs pan out, it is very possible a flood happened. If they did not disclose that there was a massive water leak, then I believe you should have some entitlement from the previous owners since they sold on false pretenses. Just to make your case iron-clad tight, hire a plumber to see what you see and get his opinion onto an avidavit