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dbestwick, Home Buyer in Lowell, MA

What happens if after the closing you discover a major bathtub leak that the home inspector missed?

Asked by dbestwick, Lowell, MA Sat Mar 30, 2013

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The Home Inspection is based on the condition of the proper, the day of inspection. It could have happened after the Inspection, it all depends.

The Home Inspectors I work with tell my Clients if they find something they believe the Home Inspector missed, please contact them and they will be willing to discuss options.

I have had a Home Inspector do a repair on something they missed.

I have no idea what the Home Inspector you used has for a policy, but you may want to contact them, and see what they have to say.

You may also want to get a contractor's opinion of what the cause is and cost to repair, so you know what is what when you speak to the Home Inspector.

Best of luck!

j
1 vote Thank Flag Link Sat Mar 30, 2013
Welcome to home ownership. You do the same thing you will do a year or two years down the road - You Fix It. A home inspector can not find everything and can't find problems that might not have been there when they inspected.
1 vote Thank Flag Link Sat Mar 30, 2013
I do not think a septic system decided to go bad just in the last month. When we did the walk thru we notice the downstairs bathroom was very slow, so the owners of the house called someone out to see if it needed to be replaced or just pumped out. He pumped it out and said it was fine.
Flag Tue Oct 29, 2013
You already closed..I would contact your real estate lawyer. Did you have a final walk through and it was missed then to. My understanding once you close the home is all yours...good or bad.
0 votes Thank Flag Link Tue Oct 29, 2013
I tend to agree with the below answer, address the problem with the home inspector and a specialist that could give you an idea of how long the issue was present. Timing is critical, but could be of little consequence if it is well after the inspection and occupancy. This is also potentially an issue for legal counsel. Best of luck.
0 votes Thank Flag Link Tue Oct 29, 2013
I tend to agree with the below answer, address the problem with the home inspector and a specialist that could give you an idea of how long the issue was present. Timing is critical, but could be of little consequence if it is well after the inspection and occupancy. This is also potentially an issue for legal counsel. Best of luck.
0 votes Thank Flag Link Tue Oct 29, 2013
THE SEPTIC SYSTEM WAS INSPECTED AND THEY SAID IT JUST NEEDED TO BE PUMPED OUT. NOW AFTER CLOSING AND MOVING IN, THE SEPTIC IS BACKING UP AND WE WERE TOLD THAT WE NEED A NEW SEPTIC. DO WE HAVE ANY OPTIONS?
0 votes Thank Flag Link Tue Oct 29, 2013
Good luck successfully holding an inspector liable for anything. It will end up costing you more than just repairing it.
0 votes Thank Flag Link Sun Apr 28, 2013
Hi Dbestwick,
It seems that you need to contact the inspector - and your lawyer.
But I think another good suggestion is to call a plumber and fix the leak while you pursue the others.

(Please note: when you choose an answer as a Best Answer, or at least give a thumbs up, it helps those who answer questions here.)
0 votes Thank Flag Link Tue Apr 2, 2013
Question: Was the water to the property turned on during the inspection? If it was an REO, the property might have been improperly "winterized." Or, frankly, not winterized at all. If the water wasn't turned on, then there wasn't a way to detect the leak. If that's the case, your agent should have advised you to have had the utilities turned on so they could be checked. And if that's the case, your home inspector didn't "miss" it.

So: Should the inspector have been able to detect the leak? If so, then you should have some recourse against him. Otherwise, no.

And, as others note, it's up to you to get the leak fixed. Incidentally, if it's a frozen pipes problem, then it's likely you've got other problems, too.

Hope that helps.
0 votes Thank Flag Link Sat Mar 30, 2013
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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First of all, you call a plumber! :) Then, check with your agent and your home inspector to see what recourse you may or may not have. If all the bases are absolutely covered, depending on the language in all contracts and agreements. Many Home Inspectors I know, usually run the tub and shower faucets during the home inspection so something like this is usually found - if it were leaking at the time of the inspection. I have no idea if your home inspector did that as well. If this was not done, and it should have been, then find out if the home inspector company has any type of error or omission insurance for omitting that part of the inspection and let them know you will be seeking some sort of compensation. if this is an equity sale, you may even have your agent consult with the seller's agent or see whether there were any attempts to paint over stains, etc. If that is the case, then the sellers should have disclosed a known defect. However, if this is a short-sale, you probably won't get too far trying to be compensated from sellers who just lost their house, and you bought it at a distressed bargain basement price. You may also need to check with your state. If there is no recourse anywhere, no home warranty, and no definite "cause" that proves the leak was, in fact, there before you passed papers, then yes, as one agent states - welcome to home-ownership!
0 votes Thank Flag Link Sat Mar 30, 2013
You need to re read all of the contracts you signed. If you feel as though it was something that was known and not easily missed then yes you can ask for compensation.
0 votes Thank Flag Link Sat Mar 30, 2013
I cannot imagine a "major bathtub leak" that was not DISCLOSED or revealed in the INSPECTION:
0 votes Thank Flag Link Sat Mar 30, 2013
Specifics are first time using the tub on 2nd floor, water leaked through to kitchen downstairs and after flushing the upstairs toilet, it gushed out of a pipoe in the basement. Shouldn't these things have been detected during home inspection??
Flag Sun Mar 31, 2013
It will depend if they should have been able to see it or if it was a hidden defect. if it is hidden, no one may be able to see and it would be covered under the inspectors disclosures you would have had to sign. You should ask your agent for guidance,
0 votes Thank Flag Link Sat Mar 30, 2013
Ask your agent. Read the inspectors report. Do you have a one year home warranty? If it is a new leak and you have a warranty it may be covered
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Sat Mar 30, 2013
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