If polybutylene pipes were in a home that we purchased but neither the seller or inspector disclosed this to us, who is responsilble for the cost to change them?
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If polybutylene pipes were in a home that we purchased but neither the seller or inspector disclosed this to us, who is responsilble for the cost to change them?
I purchased a FSBO home 6 years ago and discovered that the home has polybutylene pipes and that it should have been fixed prior to the sale; we did not know about until after the fact. Now when we sell our home, we will have to pay for it ourselves. Is there any way to re-coup our costs from either the previous seller or the home inspector who should have known the law?
Asked on December 19, 2011 under Real Estate Law, Maryland
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the prior owner knew that there were polybutylene pipes in the home that you purchased 6 years ago but did not diclose this fact, then you might have a cause of action for concealment which is a form of fraud against the seller. The measure of damages would be the lesser of costs of repair or diminution in value at close of escrow.
Possibly the statute of limitations for any causes of action against the seller may have run unless your state has a delayed discovery rule that would toll the running of any statute of limitations until actual disocvery of the problem is made. I suggest that you consult with a real estate attorney as soon as possible about the situation you have written about.
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