Is there any legal recourse for when a seller does not disclose a bathtub install without a permit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there any legal recourse for when a seller does not disclose a bathtub install without a permit?
I bought a house in California a year ago. After
calling a home warranty about a plumbing
issue, I discovered the bathtub was improperly
installed. The cost is 3800 and the warranty
refuses to pay. The plumber stated there was
an illegal drain line that was not up to code.
Looking back at the documents, the seller did
not disclose this during escrow. When we
mentioned this to the seller she said the tub
was installed right before listing and was never
used. Is the seller legally required to help pay
for the fix as she had it installed and failed to
tell me about it?
Asked on November 7, 2017 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, she is legally obligated to disclose "latent" issues--or issues not readily visible to a buyer, like a lack of permitting (and the accompanying non-code problems--which she is, or reasonably (i.e. logically) should be, aware of. She hired the plumber; she would know whether a permit was applied for and obtained; therefore, she had an obligation to disclose this. Her failure to disclose such a known issue may constitute fraud and provide grounds to sue her for the costs you incur.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.