broken pipe - who is responsible

[Donna Salmiery]

I closed on a townhouse on 3/18. I had a home inspection done on 2/11 and there were some issues that were fixed, but the report mentioned no issues with pipe that goes to the outside faucet. The tenant moved in 4/1 and when he turned the main water valve on (there are 2 valves), he could hear water "gushing in the walls" He turned that valve off and still had water by the other valve (sorry for my complete lack of knowledge on this). I called a plumber 4/4 and he went right out and there was a broken pipe leading to the outside faucet which he said it appeared had froze and broke. I called the water company today (4/14) to make sure the tenant had switched the water to his name, and they told me my final bill for the time period since 3/18 (not sure the exact date tenant switched over), but it is less than one month is $1175!! I asked the plumber if there was any way to tell how long it had been broken, ie. corrosion, and he said no. He said it would be something the home inspector definitely should have caught. So it may have happened AFTER my inspection. But here is the thing: I had gotten a bill for 3/18-3/21 and it was for $134 (water and sewer), so that tells me that the leak was already there 3/18, right? I didn't ask the seller what the usual water bill was (mistake). So do I have any recourse anywhere? If there was a problem and the seller knew, do they have to disclose? How could I know if it was there and the inspector may have missed it? Would my owner's insurance cover? The plumber bill was only $100. Thanks for any advice for this newbie landlord!

[Thelonious Jones]

You may have some recourse, but issues like this usually fall in that "grey" area. 

The seller is going to do what they think is "right" and it would be hard to prove that they were "negligent". 

There is no real way to figure out when a pipe busted/cracked. 

Your insurance may cover, but I would think your deductiable would be high if you have an investment policy, however I am not sure.

You should be able to dispute the bill with the water company. I would call the plumber and ask the process or call the water company to ask them how to dispute a water bill due to a busted pipe. They usually give a credit based on the past usage history and the invoice you paid to have the issue fixed.

Hard situation, my best advice is make the tenant pay all utlility bills so your not involved in these issues besides providing the plumber/repairs to the unit.

Hope this helps a little