Home Buying in Clovis>Question Details

Jimmie Brown…, Home Buyer in Clovis, NM

Water leakage under ac unit in house hallway

Asked by Jimmie Brown Jr, Clovis, NM Sun Jun 23, 2013

I bought my home 2 months ago clovis nm i just found my hall carpet wet and thevwood laminate flooring in bedroom squishy with water i opened vent cover under water heater/ac closet and found storage bucket overflowing with water along with mold sheetrock damaged wood soaked this problem was not disclosed at sell and the home inspection did not find this. What is my recourse

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Leigh-Jo Anzures’ answer
Hello Jimmie,

Was there a Seller Disclosure available when you purchased the home? If yes, what did it say regarding the roof and any possible leaks?

What exactly did the home inspection report say regarding these areas?

Syan Real Estate
Call/Text: (505) 730-8181
Web Reference: http://www.Syan.com
0 votes Thank Flag Link Sun Jun 23, 2013
On one hand, you could hire a private investigator to follow the Seller around and gather evisence that he knew about the A/C: He could search the files and see if he has pulled this before; maybe there's a previous lawsuit or a wants/warrants out on him from Chicago. Maybe he talked about the problem with the local ACE Hardware guy. Maybe he took out a Building Permit to fix it, but never followed thru. That would be good evidence.
Then you could hire a cracker Lawyer to sue the Seller; maybe get triple damages and pain and suffering!

From your description, this problem has been on-going, with the mold and the wood damage and all: They must have know. Of course, that means that your Inspector didn't find it either:
You could include your own inspector in the lawsuit.
0 votes Thank Flag Link Sun Jun 23, 2013
If the source of the water was the drip pan from the a/c air handler coil condensation, then you should have found out why it was not draining and to where it should drain. If it was an improper installation, going back to the installer should result in a correction. If its just clogged, clear it.

Then, if there is a bucket where the drain line should have gone outside to empty, that is not the correct way to drain the condensate line. That should have been disclosed to you by the seller, especially because it can require being emptied. You could have legal recourse there for the amount of damage it has caused because the seller would have been aware of it.

If there is a defect (assuming that a defect exists) that is known to the seller, that seller is required to disclose that fact to a buyer. Not doing so make the seller liable for correction of the defect and damages even after the sale. Seek legal counsel for that issue. Your real estate broker might be able to assist by asking the seller for cooperation. If the real estate broker knew of the defect, then that broker was also required to disclose that to you. If you bought a for-sale-by-owner, then you would need to contact the seller directly.
0 votes Thank Flag Link Sun Jun 23, 2013
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