Seller did not disclose that the main pipe had to be replaced. He signed the offer to buy and we had a home inspection. The city told us

Asked by 2010home Search, North Attleboro, MA Fri Apr 16, 2010

1. My wife and I made an offer on a house in MA.
2. The offer was accepted
3. We had the 3 hour home inspection this week
4. The home inspector said to check with the city to see if the service line was new or old. He noticed they had replaced all the pipes inside the house but he was wondering if they also replaced the pipe that goes from the house to the outside street.
5. My wife called the city and they looked the house up. The city has it recorded that they told the Seller back in October of 2009 that he had to replace the old iron pipe with a new coper pipe. The city needs to install a new meter on the home.
A. The Home owner never told his real estate agent about this
B. The home owner never told our real estate agent about this
C. The home owner never told us
Question
1. Was the seller suppose to disclose that the city told them that the pipe had to be replaced due to the new meter?
2. The reason why I ask is because we would not have had a home inspection on this pro

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4
Joseph Domino, Agent, Scottsdale, AZ
Fri Apr 16, 2010
I am not licensed in MA, so I can only offer an opinion. Yes the Seller should have disclosed this issue. I believe they should disclose all known material facts with regard to the condition of the property.

They could have told you and said "we do not wish to repair this prior to sale". At least you would have known. Once again this shows the value of a home inspection.

I hope I am not alone in my belief that honesty is always the best policy.
1 vote
Scott A. Nel…, , 02155
Fri Apr 16, 2010
Hi,
I agree with Heidi, it may have come in several forms from the city. Are you referring to the water line into the house or the sewer line heading out. It sounds like the line you are referring to is the water line coming in. Many cities/towns have sent notices to alot of homes to upgrade the line coming in. This would also be a good time to increase the size of the line coming in to allow for better water volume for current needs compared to over 80 years ago when the pipe was most likely installed. A plumber can best advise you on the current and future needs of your home, now is a good time to consider these things in case future expansion might be considered in the future.

What is your buyers agents advice on how to proceed? If you are using your own buyers agent they can advise how to proceed best given the negotiations so far. Sometimes there's special circumstances where the house is sold "AS IS" or if it's a hardship sale and the seller does not have the funds to provide any work such as the case with a short sale or foreclosure. These are items that would need to be considered. If you are not using a buyers agent and are dealing directly with the listing agent you should discuss these issues with your attorney on how to proceed given the documents you've already signed in your offer to purchase.
In a regual sale there frequently are items that are found that aren't on a reguular disclosure document because they may be out of the knowledge base for most all sellers. Should the listing agent have picked up on this? Probably not, it's outside the licencing of real estate agents to investigate and advise on certain issues like plumbing, electrical or structural issues other than to ask if all work performed was done with a permit and to current building codes or the codes at the time they were done. Normally items found on the home inspection that are of importance are written up in a document with supporting documentation and estimates of cost to ask that either the seller remedy or ask off the purchase price. Once again this would be specific to your negotiations and what has gone on already. If it's a safety issue or one that ould affect your ability to get financing then it might be more of an item for the seller to have to address optimumally.

Hope this helps,
Web Reference:  http://www.MedfordHouse.com
0 votes
Tom Lynch, Agent, Great Barrington, MA
Fri Apr 16, 2010
At this point, rather than "blaming" the seller for not disclosing the issue about the pipe (perhaps he forgot to disclose it?), have your agent provide a list of items you want the seller to address before you will move forward. You can choose to have the seller do the work before closing, or the seller can escrow funds so that you can get it done after the closing. If your goal is to get this house, don't dwell on who is right or wrong... just ask for it to be taken care of.

Good luck!

Tom Lynch
Associate Broker, Berkshire Property Agents
Great Barrington, Massachusetts 01230
0 votes
Heidi Zizza, Agent, Framingham, MA
Fri Apr 16, 2010
I have had a situation where the seller had to replace such a pipe. you get a list from the town of approved pipe layers and the cost was around 2,000 or less. If you love the house try to negotiate the pipe cost. Although Im sure wether its mandatory to accomodate the town it may have been a suggestion.
Web Reference:  http://www.mdmrealtyinc.com
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