Sellers didn’t disclose / State Farm won’t cover collapsed pipe…

Sellers didn’t disclose / State Farm won’t cover collapsed pipe…

David B.Pro Member
Member since 2022 · 77 posts · 56 votes

Hi all,

so I recently purchased a duplex, and just two months later we have a disaster happening. 

the pipe leading the sewage water to the street collapsed, and now sewage water is flooding into my tenants basement. 

We have an estimate already for 6,600 dollars, but then can’t begin work until Monday at the earliest so now we’re thinking we have to rehouse the tenants. We’re going to offer a rent credit - but they may very well throw a fit since we expect they’ll need to rent  a more expensive to rent a hotel. 

So I called State Farm and they’re telling me they don’t cover things like this - which is CRAZY to me. They may cover some of the rent loss from the tenants, but the pipe they’re claiming isn’t their responsibility. I have a very hard time understanding that… why else have insurance if not for disasters like these? 

Ok so that’s problem one. Problem two is this…

my property manager calls me and says that the tenants are telling her there were sewage issues before (amongst other things) that they complained about to the previous owners. We’re compiling a list of those complaints as we speak so we know exactly what they were. 

But the disclosure documents never mentioned any ongoing issues or complaints from tenants. They do say that their was a plumbing clog in one unit - they hired a plumber - and that they cleared it and the plumber said it “all clear”

But of course… now we know that’s not the case, as my basement is flooded and my tenants are looking for a motel. 

There’s is also a concrete sidewalk issue where a tree has mangled the walkway. A tenant recently tripped on it. 

When we called to find someone who could remove it, one of the companies responded that they had previously priced out a bid for the same house 6 months prior! So apparently the former owners knew that tenants were complaining about tripping on the sidewalk, and looking into removing it, but never mentioned anything in the disclosure docs.

I’m not sure if this is just tough learning bumps, or if these things really weren’t  disclosed properly at the outset - I’m still finding out more info. But it appears that the former owners withheld information, and now two months after purchasing the home I’m dealing with a massive plumbing issue worth about 10k

I’m wondering if you guys have ever had any experience with these issues.

First, what can (or should) I do about State Farm not covering this disaster? It’s becoming very expensive 

second, what recourse do I have against the sellers if we learn they fudged on their disclosures and stuck me with a project with a large Cap X?

Any and all thoughts would be appreciated. Thanks! 

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  • Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    3y

    Sewer line coverage is an add on extra price to policy as it sounds like the line is under city property. This is where knowing your agent and discussing plans, sending the appraisal, and having a relationship for life matters.

    Older units I would have checked the lateral lines before closing. Need clean out every 18 months. Add this into forward budget.

    I guess the pipe "belongs" to your water company who doesn't maintain anything unless it's Armageddon.

    You are using same property manager and never interviewed them about property history??? Makes me think property manager failed you.

    Sounds like the pipes are being filled with grease and food from disposals and the tree roots already intruded as trees are alive drilling for water.

    If the trees are yours I would remove them. When you purchased the tree problem was visible. Seems like many people failed to inform you.

    Can you sue the seller? Sure anyone can sue but be prepared to spend $150000 to win. Seller didn't live in subject so you need written documentation to prove they knew about this. People will have to take off work to testify and you will pay for experts.

    Your broker didn't tell you to get inspections? Or inspector is at fault? 

    Without knowing: what inspection says, what appraiser says, what you saw in walk through, what state, or what paperwork you have it's impossible to advise you.

    My approach would be to write to agents and seller and say you have evidence that seller was aware of the problems and you expect seller to pay the $6600 bill in fifteen days and see where it goes. If you have a family member who is an attorney maybe have them follow up with the broker of the agents and see how it shakes down without spending money.

    Remove the tree and remove the root ball. Find out what type of pipe is in the ground. Buy a sump pump right now and get the water out NOW. Clean everything to the studs if you can. Figure out how to build a french drain. Install something for moisture meter in basement. 

    This property has more secret punches so if you didn't have a great inspector do it now.

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    a) A buyer must always get a sewer camera inspection. Always.

    b) Since that didn't happen, I would go after the seller for sure. Although if you go to court, they will ask why you didn't get an inspection which is very common.

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