by mbrownell » Mon Jul 18, 2011 11:56 pm
When we first moved in our new home, the owners before us completely redid the master bathroom, a nice big walk in shower with bench and every other thing you can think of. There was slight water damage in my sons room before not now they just never got around to fixing it. We did. Lately I have noticed the caulking on the base of the shower is coming un-done. We called a contractor and plumber and they told us the same thing the shower floor is basically were it is now because it is sitting on a pipe. If the pipe was not there the shower would be under the house. Would this be covered by my homeowners insurance?
Posted: Tue Jul 19, 2011 12:50 am Post Subject:
No... it's called maintenance. It's part of owning a home.
Posted: Tue Jul 19, 2011 11:15 am Post Subject:
It could also be an example of a known defect (known to the seller) that was not disclosed at the time of the sale of the home. Such a concealment would be the "cause of action" underlying a civil suit for damages. A real estate agent/broker who also knew of the condition could be named as an additional party to the suit, because they have a legal responsibility to make the same disclosure.
If the plumbing contractor determines that this defect has been continuous for a period of time preceding your purchase (and is willing to testify, or submit a signed statement, to that effect), you would have a reasonable chance of winning a small claims suit against the seller and/or his agent. But there is a statute of limitations in every state for filing such claims.
What state are you in and how much time has elapsed since you purchased the home? If less than 12 months, you'll be good to go in any state.
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