After the closing...

**tdk77** · 11-03-2011, 03:54 PM

We closed on a house three weeks ago. Shortly after, we notice that seller had not fixed the water pressure in upstairs bathroom as stipulated in the inspection notice.
He states in an email that "water pressure has been corrected". We took his word for it.
Now we are stuck with a potential fix that could total over 1000 dollars (new pipe).
Yes, we feel like idiots, but we had so many details demanding our time at that moment , plus we also had a real estate agent that didn't look at it either.
We are currently trying to get the seller to honor his initial obligation. We think we may end up in small claims since he is pretty much avoiding our contact attempts.
I would like to hear of any similar experiences and the outcomes.
Opinions on a plan of attack?

**Johnny Brooks** · 11-04-2011, 09:20 PM

I would propose to the seller that you split the difference. How old of a home have you purchased. Did your realtor prepare a request for repair list? If so and the seller signed
this document, then he would be responsible. Did you have a final walk through before closing? These are questions that we need to know.

**Greg** · 11-06-2011, 03:58 AM

In NC our contract states that once you close on the house the problems are yours. There is plenty of time before closing to make sure this issue was fixed. You neglected to follow up on your responsibility so it is possible you are stuck with it. Being too busy is not an excuse.

What does your contract sate about this issue?

**tdk77** · 11-06-2011, 08:17 PM

It's a 1928 home. The flow was estimated at 1/2 gallon per minute, about 82 minutes to fill the bath tub.
It was left off the contract...
We initially requested that it be fixed, which our realtor did request informally.
They came back quick after the initial request and their realtor stated in an email that "The water pressure to 2nd floor bath is working and adequate..your welcome to come back and see."
We, as well as our realtor, mistakenly took that as it being repaired. From that point, it was left off of the inspection notice so is not included in the contract.
The realtor also left this off of the final walk-through check-list. I didn't bring it up.

So obviously we are at fault for not looking more closely into this matter. It seems as if the realtor and owner chose their words carefully.

The other day, our realtor offered to cover the fix. (in the $1,000 to 1,500 range) Nice enough, still I'd like to know if I'd have a chance to recover some through small claims (perhaps reimburse our realtor). I have been polite and frank with the former owner, but he's been avoiding my contact for over a week now.

**Greg** · 11-07-2011, 04:33 AM

Originally Posted by tdk77

So obviously we are at fault for not looking more closely into this matter.

You answered your own question.

Now the question you need answered is if you take the seller to small claims court and lose, can the seller sue you for the damages you caused with your frivolous lawsuit?

**tdk77** · 11-07-2011, 06:54 AM

"frivolous"? Greg, are you playing devil's advocate or did you not read my post very closely? 1/2 gallon per minute is not sufficient in any measure. Despite it not being the contract, they should be held accountable by what was stated in the contract. Whether or not they would be held accountable in a court-of-law is my question.

**Greg** · 11-09-2011, 05:13 AM

Originally Posted by tdk77

So obviously we are at fault for not looking more closely into this matter.

What part of your own quote do you not understand? You looked at the facts and saw that it was your fault that it did not get fixed. A court will come to the same conclusion.

A frivolous law suit is one in which you know you are wrong but proceed anyways. The water pressure is not the issue, who dropped the ball is the issue. You have already admitted you are at fault and still you want to sue hoping the court might be sympathetic to you.

If you dragged me into court over this issue you would end up paying me for lost work and whatever else I could come up with.

**tdk77** · 11-11-2011, 07:56 AM

I perfectly understand what I wrote.
He stated that it was corrected in an email. That's enough evidence for any judge I would think. Though it was left off of the contract, I would think that any recorded correspondence directly related to the sale would hold a party liable. To say that such a matter is frivolous is a stretch, and is also subjective.
The previous owner happens to be an ex-criminal prosecutor. It also so happened that he covered the repair yesterday after receiving a certified letter from me summarizing the situation. He didn't think that this was frivolous.