So do I have any recourse here?

Sep 17, 17 15:48

Post #1 of 16 (1518 views)

We bought a house about 13-14 months ago. Today my wife calls me and says that water is bubbling up in the downstairs shower and flooding the basement. Obviously we have a blockage between the house and the street sewer. So we call a local Roto-Router and the guy says "Oh did you buy that house? Yes I do that house every year, have done it for the last decade or so. I'm surprised that wasn't disclosed when you bought the house".

Well turns out they had the thing routed out a couple months before we made the offer. Also was not disclosed. Apparently there is a tree that grows into the pipe and has to be taken out...every year.

The damage is relatively minor but I will now be paying $100-$200 every year to get routed out and attempting to kill the roots and or spending significant money to get the tree removed, pipe replaced etc.

Now normally I would not think to much about it but the guy we bought it from was a complete asshole and I would not for a second put it past him to have purposefully not disclosed this. I'm just wondering if I have any "Easy" paths of recourse that I might get the issue taken care of permanently and at least get my carpet cleaned :-)

~Matt

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 15:53

Post #2 of 16 (1512 views)

Did you get a home warranty? If so, that would be a good avenue to pursue along with your homeowners insurance as they might go after the seller for you.

I'm not an attorney but seems to me you might prevail in small claims court but I doubt it's a slam dunk in court.

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 15:58

Post #3 of 16 (1504 views)

Check with your realtor, no doubt they have encountered this type of thing before. If it does fall under the list of things that must be disclosed, then get your Roto-Rooter guy to agree to be a witness (complete with proof of all the work he's done at that property) and file a claim in small claims court.

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 16:02

Post #4 of 16 (1496 views)

MJuric wrote:

Well turns out they had the thing routed out a couple months before we made the offer. Also was not disclosed. Apparently there is a tree that grows into the pipe and has to be taken out...every year.

The damage is relatively minor but I will now be paying $100-$200 every year to get routed out and attempting to kill the roots and or spending significant money to get the tree removed, pipe replaced etc.

Now normally I would not think to much about it but the guy we bought it from was a complete asshole and I would not for a second put it past him to have purposefully not disclosed this. I'm just wondering if I have any "Easy" paths of recourse that I might get the issue taken care of permanently and at least get my carpet cleaned :-)

~Matt

1. Review what the disclosure statement says about these things.
2. Ask the company to supply a history of service on the property.
3. Weight the options of what you think is fair vs how much time it will take to deal with the complete asshole (and likely realtors/attorneys).

I doubt it will be worth your time.

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 16:50

Post #5 of 16 (1449 views)

cost of new line to sewer system? i think that you probably could threaten fraud on behalf of the seller -- they knew of the problem, it was a material problem, the did not tell you for the purpose of profiting, and you relied upon their deceit in purchasing. fraud is often a damage multiplier. that should be something to get seller to come to table. of course need to know if seller actually has any money to go after. if you can find a reasonably priced attorney who won't charge you thousands of dollars for a nasty letter, it may be worth playing poker. but that's what you are doing, playing poker. legally you stand on good ground i think. from an actually receiving monty on this, you are on shaky ground due to the low damages and questionable ability to recoup funds.

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 16:52

Post #6 of 16 (1445 views)

Removing a tree is not a significant amount of money, if that is an option for you. I've gotten massive trees cut down and hauled away for $100-300 each. But I leave the stumps cut flush to just rot out over time. You would not need to roto the stump and roots out, unless I'm not understanding the particulars of your situation.

Unless you love the tree, cut it down and pay a couple hundred bucks and be done with it.

.

Last edited by: Endo: Sep 17, 17 16:53

Re: So do I have any recourse here? [wdrhoads] [ In reply to ]

Sep 17, 17 19:32

Post #7 of 16 (1323 views)

from an actually receiving monty on this,

I don't think monty is going to come and visit me just because I have a broken sewer pipe. He's more than welcome any time though :-)

ou are on shaky ground due to the low damages and questionable ability to recoup funds.

I think you're probably right and it's probably not even worth my energy but the thought of making the fucktard pay is titillating.

~Matt

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 20:24

Post #8 of 16 (1287 views)

Your recourse is the legal system The previous owner had a known problem and did not disclose it. You have proof. Your move.

"The great pleasure in life is doing what people say you cannot do."

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 20:35

Post #9 of 16 (1276 views)

Depends on what your contract says. Read it. Annual drain cleaning could be considered routine maintenance. Don't have to disclose that depending on the contract.

----------------------------------------------------------------

My training

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 21:01

Post #10 of 16 (1258 views)

If it flooded the basement in the past I believe you'd have a case for not disclosing it. But it would probably be hard to prove unless the plumber said he specifically remembers water being down there. Other wise he could claim he always did it as preventative maintenance.

I only say that based on selling a house last year that got water in the basement. We were careful about making sure we disclosed it and steps to fix it.

"I think I've cracked the code. double letters are cheaters except for perfect squares (a, d, i, p and y). So Leddy isn't a cheater... "

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 17, 17 21:18

Post #11 of 16 (1246 views)

Grey area. Get rid of the tree and move on.

_________________________________
I'll be what I am
A solitary man

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 18, 17 0:53

Post #12 of 16 (1208 views)

Love it when newbies post.

We have a rule here. You mentioned your wife. Is she hot? We'll need pics.

Someone already mentioned it. Weigh the cost and hassle of going after the guy against the actual cost and hassle of the issue.

Or just find out where he lives and run him down with your car. It will feel good for a few minutes.

How does Danny Hart sit down with balls that big?

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 18, 17 7:08

Post #13 of 16 (1114 views)

There's a product that you can flush through the pipes that will eat the roots growing into them.

Pink? Maybe. Maybe not. You decide.

Re: So do I have any recourse here? [japarker24] [ In reply to ]

Sep 18, 17 17:12

Post #14 of 16 (981 views)

here's a product that you can flush through the pipes that will eat the roots growing into them.

The Plumber mentioned this and also stated he said this to the previous owner :-)

~Matt

Re: So do I have any recourse here? [BLeP] [ In reply to ]

Sep 18, 17 17:16

Post #15 of 16 (976 views)

We have a rule here. You mentioned your wife. Is she hot? We'll need pics.

I'm the one on top.

Weigh the cost and hassle of going after the guy against the actual cost and hassle of the issue.

Not worth it....

I was hoping someone would come back with some sort of easy method, I should know better.

~Matt

Re: So do I have any recourse here? [MJuric] [ In reply to ]

Sep 18, 17 18:20

Post #16 of 16 (952 views)

Quote:

but the thought of making the fucktard pay is titillating.

Then figure out what you would/could do and go scare the shit out of him. You obviously will need to disclose this situation to any future buyer. So, not only has this guy cost you up to $200 per year, he's lowered the resale value of your home. The fact that he's an a-hole should make it entertaining.

Also, it's not like you've got better things to do. We hardly see you here anymore.

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