Buyer's Agent Performed Hydrostatic Plumbing Test w/out Consent

[Nathan Williams]

Hi All - I am under contract on a house. The buyer's agent, within the option period, had a plumber come out to the house to perform (what I think) is a hydrostatic plumbing test without my consent. What they did was inflate a ball to plug up the main sewer line, removed my toilet, and then filled the sewer system up with water to the slab level. Note that nothing was pressurized.

My first question is - Is this a hydrostatic plumbing test? Per most sources it is. Per other sources, it involves actually pressurizing the plumbing system. Some are calling this a water test while other sources clearly define this as a hydrostatic test. Which is it?

Did they violate section 7A of the Texas Residential Sale's Contract? "Any hydrostatic testing must be separately authorized by Seller in writing"

The test failed and now they are using this as leverage (obviously). What recourse do I have (if any)? I had no idea about the condition of the plumbing until today. 

[Jim Cummings]

@Nathan Williams. What your position in the Sale? Are you Buyer or Seller?

IMO, this appears to be a HydroStatic Test!  Requiring Separately Seller Agreement. Sounds like the Buyer's Agent dropped the ball on getting prior permission. 

Questions:

1. If the Buyer had requested permission to do a Hydrostatic test - would you have agreed to allow? 

2. Would Buyer have walked if you didn't allow the test?

3. Did you get a copy of the test results? 

4. Does the Report call it a HydroStatic test? If Report has a contact number for person, contact them and ask if was a Hydrostatic test?

I'm presuming since you said the plumbing failed the test, you have a leak in the Plumbing Drainage System. 

Recommendation:

1. Find out what cost to repair is? 

2. How much compensation Buyer is willing to settle for? 

NOTE: If you have a  Plumbing Drainage System leaks as it seems to infer, IMO, it's better / easier to work out an agreement with this Buyer rather than have them walk and now you have to disclose the Report, probably do the repairs, and find another Buyer, and also explain the issue to them. 

3. Additionally, recommend agreeing on a dollar figure with Buyer, (if possible) rather than doing repairs, as you will know what your limit of financial liability is, as opposed to "surprises" when you open up things for repair. 

4. If you can confirm was a Hydrostatic test, have your Listing Broker contact Buyer's Agent's Broker about the Issue of NOT getting separate approval for the test.