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Updated over 6 years ago,
Is there recourse for this non-disclosed pipe break?
Good morning BP,
Trying to discern whether or not I have legal (or some type of recourse) upon the seller or seller's realtor --- here's the situation. After being under contract for the property, a pipe broke and flooded part of the downstairs unit, I was never told about this until after closing (by tenants). I have attached photos of what I would consider pertinent parts of my purchase and sale contract regarding realtor liability and mediation, as well as the part on risk of loss/insurance that reads something like if there is damage that is returned to it's former condition prior to sale, the Purchaser can accept that or has the option to terminate the contract... as I was not made aware of the damage taking place, I never had the option to terminate the contract, or accept if the condition was returned to it's original form.
I emailed my closing attorney and I'm waiting to hear back, as well as waiting to hear back from my realtor as they were going to contact the seller's realtor to discuss this.
Is this damage something I definitely should have been informed of? There was a final walk through of the property, but, as I didn't know about the pipe burst, I didn't know to look for water damage (even after I was made aware of this problem, with an untrained eye, it's hard to notice issues besides some sagging drywall and water drips on parts of the wall) and some part of the wood floor coming up outside of the bathroom door. The real issue: had this been known to me, I likely would not have closed (this wasn't the only issue with the place), at least without reduction of price or final say of damage repair quality.
Thoughts?