Bought A Bank Owned Property with problems

**Robert H** · 12-14-2010, 12:31 PM

Hello

Last May my wife and I bought a Bank owned Property from B of A in Palm Springs, California. This property was taken back by the bank, and their property managment team had major repairs done to the house to put it on the market it was sold as is. One of these repairs was redoing the second floor master bathroom, in the discloser report the bath was down to studs with no plumbing, They installed a large tile shower with bench, after a few months we noticed a water spot on the ceiling in the room below the shower and could hear water dripping when the shower was on. I removed a couple tiles and cement board on the bench in found they had no shower liner installed as code requires.
My question is even though we bought the house in as is condition and we did have it inspected, the bank being the owner and seller of the house and having the repairs made that were hidden and not to code, can I go back on them to have the shower removed and redone to code, also should I contact a lawer to handle this.

Thanks for any information
Robert H

**agentsranking** · 12-14-2010, 01:24 PM

I don't think you have a case against the bank. As-Is is usually As-Is. Since it was a bank owned home the bank would have used a contractor and plumber for the bathroom remodel. Find out who pulled the remodeling permit with the city and contact the contractor directly to discuss the situation. Installing a shower without a liner is crazy, of course the shower is going to leak. You might also be able to get your home insurance to cover the repairs necessary.

**Greg** · 12-15-2010, 05:33 AM

Whatever you do DO NOT notify your insurance company about this leak. Insurance companies look at water leaks like they are potential mold problems and this will go on your permanent record and the houses permanent record (clue report) and follow you and your house until the end of time.

Lawyers are expensive so a new shower will cost way less than the cost of suing the bank and the as-is clause you signed pretty much negates your chance of winning.

Go after the contractor and see if you can hassle them into fixing the problem.

Other than that you probably have to fix it yourself. Hopefully the price of the house makes it all worthwhile.

**Mold Testing Guy** · 01-31-2011, 06:17 AM

If there is any doubt that you have mold problem, I would recommend having a mold test completed. The last thing you want to do is make your family ill by breathing mold spores.

**landontreber** · 02-16-2011, 03:14 PM

The best advice was already stated. Just pay for it yourself, because you will save the headache in the long run. Banks have those as-is addendum contracts for a reason.

Sorry, just noticed the date of post!

**Mold Testing Guy** · 03-03-2011, 11:06 AM

If you have obvious water spots, the potential for mold growth is accelerated. Living with high levels of mold can cause a litany of medical conditions. I would recommend talking with a professional about having a mold test / mold inspection performed.
Name: 50555_36531779087_630281_n.jpg
Views: 78
Size: 4.6 KB

Name: 50555_36531779087_630281_n.jpg
Views: 78
Size: 4.6 KB

**DerrickSakai** · 03-07-2011, 04:07 PM

I'd recommend that you confront the contractor regarding this matter otherwise, you shoulder the expenses before anything gets worse.

Fhil F.
Social Media Manager
on behalf of Derrick Sakai

**homeprobuyersguide** · 03-15-2011, 04:58 PM

I agree. Not much you can do exept to ask the contractor to come back an do it right. If you have already fixed it, enjoy the shower.

**rduncan610** · 04-28-2011, 01:15 PM

I'm a real estate lawyer in Texas.
I'm in with the folks that say fix it and forget it.
Legally you have little against the bank because of the as-is.
And the contractor was not your contractor.
If this was a multi-million$$ deal, it may be worth a law suit.

I just hope the price for the house was good enough that the cost of repairs didn't hurt too bad.
Richard