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All Forum Posts by: Ari Evans

Ari Evans has started 1 posts and replied 14 times.

Quote from @Caroline Gerardo:

Don't throw good money at an attorney. Get the plumber license, address, reviews, does he own a house? Seller non owner probably disclosed he 'dunno 'nothin 'about 'nothin. Seller is a personal name or LLC? Go dig up who the seller is. Do either have any legs to go after?

Small claims is your best avenue. My guess is in superior court it will cost you $90000 in attorney fees and 75% chance you lose. 

Paperwork is the only thing that matters. You need a report saying contractor or seller dumped plaster down the pipes in final clean up and caused the failure or letters from your contractor/plumber saying "this was clearly known by any human who looked in the crawl space," but you are a sweet not know-legible guy who never studied plumbing.... In small claims if you get a judge (not just a pro bono attorney trying to run for judge) they favor the little guy. IF YOU HAVE paperwork, images, demonstrations you could win in small claims and cost to try is small. In small claims you might be on a zoom call so upload your papers AND have copies ready in hand. Is the seller in PA? Get your Realtor to write a summary affidavit and his broker. "Seller hid the problems. Contractor a knucklehead and seller knew." Then pray the seller is a no show. Doesn't make you whole but takes the bite out. Post the contractor and seller names online, that shakes the tree. BUT ONLY FACTS not emotions. 


Thanks so much, Caroline - really interesting points here, and I appreciate the outlook. I agree superior court is a no-go. Cost to file Small Claims will be $200-400 and my time. I am actively on the hunt for this exact type of documentation and/or direct sentiments from others who worked on this property throughout the course of the renovation.

Quote from @Steve K.:

Sorry that you're going through this! I agree with the others, the time to uncover these issues was during your inspection window. Always, always get a sewer scope, even on new construction (I've seen brand new houses with messed up sewer lines). I'm not sure about the laws in your area, and I'm not a lawyer, but in my experience home purchases are considered "as-is" transactions. After closing, it can be difficult to get anything back from the seller. I believe that you'd have to prove that they knew about the issue and didn't disclose, or actively covered it up. 

Your inspector only typically does a "visual inspection" and doesn't guarantee they'll find every single problem that could be hiding in the walls or plumbing. Maybe they should have seen the deteriorating pipes, but it can be hard to tell just by looking what is minor surface rust and what is a major issue. They probably did note what type of pipes are there and their general condition in their report. Even if they didn't, the inspector is usually only liable up to the cost of the inspection. Unfortunately these types of issues are more common with recently flipped houses, so extra due diligence is required whenever you know you're buying a flip. The fact that the seller is a flipper, never lived there and didn't do the work themselves will make it harder to go after them. They may not have actually known about the plumbing issues there. 

Keep us posted on how it goes, and hopefully this ends up being a good property for you despite these issues. It could definitely be worse! Good learning experience anyway... people often say "never buying without an inspection", but what they don't say is that even when you get an inspection it's wise to look into things further, and do your own due diligence. Bring in specialists as needed, because inspectors are just generalists. I always recommend an inspection, sewer scope, and radon test at minimum (although I've skipped them myself when buying cash, getting a great deal due to bad condition, and planning to fully remodel anyway). If I know it's a flip I'll look more into any potential major issues like structural, plumbing, electrical, mechanical systems etc. which flippers don't always address, and sometimes try to cover up. 

 Thanks so much @Steve K. - really appreciate your insight here. You make some good points, and these are great lessons learned. 

I have no doubt this will be a good property regardless - and I suppose I have some peace of mind now knowing that this specific problem was addressed early and hopefully will be okay for some years.

Quote from @Sheryl Sitman:

@Ari Evans sorry you are having this bad experience. It is a problem with flippers who cut corners and hite sub par contractors. We have a group called Philadelphia Landlords Connect on FB where there are a lot of people who can advise you.  Maybe you should look into filing a civil complaint against seller.  If he owns assets and the property was in his name, he can pay... Anything he tells you about what you should or shouldn't do is not relevant.


 Thank you Sheryl! I appreciate the insight here and heads-up on the FB group. 

@Mark S. well put!! Great advice. Thank you. 

Thank you @Dan H. good insight. Appreciate the feedback.

@James Hamling , I appreciate the straightforward feedback here. To your point of the seller's defense, I think you are spot on. Yes, I conducted my due diligence with professionals and no, these issues were not discovered during that process. If the professionals couldn't find it, I understand it is difficult to prove that the seller would've known about it. Here is what I can prove:
-During the seller's renovation, duct tape was applied over the deteriorated leaky pipes under the crawl space. I know that there was a deliberate attempt to conceal the issue and possibly delay a burst. This is well documented. Sure, the contractor could have done it and never told the seller.

-New drywall was put up directly covering visibly broken and deteriorated stack. This is well documented. I know that there was a deliberate attempt to conceal an issue. Sure, the contractor could have acted independently and did not tell the seller.

-I know that a brand new kitchen was installed, directly accessing and connecting to this broken stack and drain system. It's not whether or not somebody knew that this was wrong; it's WHO knew this was wrong, and how can I prove it. This is well documented. Sure, the contractor could have acted independently and did not tell the seller.

-The seller knowingly provided inaccurate information in our closing documents. He signed every document under a fake address. During the inspection period, I learned recently he shared incomplete/inaccurate documentation for contractors' work on the property, after I requested scope of work, permit documentation, and warranty info.

Obviously, none of this suggests that I have a winnable case, for all reasons mentioned in your's and other's posts. It does mean, in my opinion, that there is strong reason to believe that issues were not only known by the seller but actively concealed through the renovation process, and there may or may not be a way to prove it. That doesn't mean I can or will, rather, it's worth exploring.

I appreciate your level-set, and I certainly have a lot to learn. I am not, however, naive to the fact that sh*t happens in this space. I expected that this would be a messy, difficult, and unpredictable excursion. That expectation reflects my aggressive research, self-education, mentorship, and preparation over the last few years. This was no easy process, and certainly no daydream. It is wildly difficult for a new, young, and self-employed aspiring investor to purchase a viable property in this market, in this highly affluent area, at this day and age. And thankfully I was extremely careful with my numbers to leave plenty of cushion for myself, plenty of money set aside for repairs, and plenty of expectations that things WOULD go wrong. For others, this surely would have been a nail in the coffin.

A quick note - I did get a home warranty at purchase. I also went all-out for insurance. Neither of these cover pre-existing conditions and, regardless, most policies do not cover anything in the first 30-60 days of ownership.

To the entire Bigger Pockets community here, I am overwhelmed and grateful for all the responses, insights, and support.

Don't ignore the crawl space. Don't let the inspector miss anything. Check everything myself. Be more thorough moving forward. Document document document. Get more info from the seller earlier in the process. Double check and verify info. Be careful with flips. Be VERY careful with flips. **** will happen. :)

Thanks for the clarification @Ron S. . I certainly didn't come here to try and dodge accountability or suggest there was nothing I could have done to prevent this so I appreciate your feedback and insight :) Just want to weigh my attorney's advice against other investors who have been here before. Seems like most responses think this is a "deal with it, learn from it, and move on" type of scenario. 

Thank you @Russell Brazil

I walked the whole house with my inspector and my realtor present. My Dad also joined me as he flips houses for a living. Every appliance was turned on except for a dryer that did not work, which I added to an addendum to be fixed. It is strange that the backup occurred a week later when I got there,  and not when the inspector was testing appliances. I don't know why it worked like that but it did. Somebody told me that it's not uncommon that during a flip, especially if it's a mediocre job or contracted out, lots of debris and stuff will get flushed down the toilet or down the drains from sinks or bathtubs, and that can cause a backup quickly for the buyer, especially with old deteriorated cast iron pipes. So that's my best guess.

Thank you @Julien Jeannot , this is helpful, and yes - I will definitely be doing a sewer scope on the next purchase!

Thanks @Ron S. . As mentioned in my post, I did not waive my inspection. I paid $775 for a professional home inspection. You are confused by my comment about competing against other buyers who were waiving inspections to get deals done.