Good Morning Biggerpockets World!
I have recently purchased a house as my first investment/home. It was a newly renovated house with new hardwoods, appliance and so on. I have been in the house for less than a month, househacking with some friends. I discovered a leak in the basement coming from the crown molding. After calling the home warranty company and having a specialist come out, he discovered that the airducts are leaking from condensation. It is a 2 story house with a basement and each level of the house is sufficiently hotter as you go up. The upstairs is about 40 degree hotter than the basement. The HVAC specialist discovered that the return vents on the first floor and the second floor as barely working. We cut into the wall to discover pile wood underneath the airducts collecting water. The seller said he put the pile wood there to attach the drywall (which you never should do/need to do) to me it seems as he discovered an issue and tried to fix it an easy way and have it hold up enough to sell the house. I am turning to my friends in bigger pockets for advise on what to do in this situation? Can I go after the seller? The estimated work is about 3000.
Thank you all in advance for you advise!!!
if you purchased the property with an agent's representation - the seller should have signed a Disclosure Document required by law - if he knew of the problem and did not disclose to you - you have some rights.
Even regular retail buyers find that going after a seller to be a fruitless mission. For one it will cost you more in time and effort. Unless the cost of the damage is a significant amount ($100K+ ) it's not worth it, unless you're the kind of person who will take on petty battles for the principle of the matter.
@Charles Parrish @M Marie M @James Miller: Thank you for your guys input on this situation. I am currently going speak with the seller and see if we can come to an agreement "off the books". If not, from what you guys are saying it seems to me it would be more out of pocket for a legal battle/ headache than what the repairs would cost. I will keep you guys posted on what the outcome was. As always thank you BP world!
@Andrew Brink If it doesn't get resolved you can also try looking into going through a small claims court. https://www.peoples-law.org/small-claims-0
Why isn't the home warranty company covering it?
Seems too small to go after the seller in court because you have to prove that they knew about it and had intent to deceive. Maybe what he said already could help. Just not sure how much.
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