HELP! Damages Found After Settlement

[kkjj]

Hi everyone.

My friend just bought a property and the settlement was end of July. On the first day they moved in while she was having a shower, they found the recently renovated shower (not sure exactly when) was not just leaking but almost like pouring water from second floor to the ground floor.

This is such an obvious damage that the previous owner must have known about this before they sell since they were living in this same property. After some research, it seems like in Qld property sellers are not obliged to disclose any structural damage. Is this true?

My friend firstly talked to the building inspector and was told it is not something they could have detected by VISUAL inspection so apparently it's not their fault.

Then she went to the real estate agent and was told a disclosure statement was not necessary so had never been filed.

She's feeling really helpless now. Isn't there anywhere she could go to get help?

Any suggestion would be greatly appreciated.

Alex

 

[HotRod]

I don't know the intracacies of the QLD contracts.

In WA there is a pre-settlement inspection which is the last time to check things work, such as electrical and plumbing.

You need to take a night light and plug it into all outlets to make sure the work, check all ligh switches and turn on all taps and check under sink plumbing/leaks from showers.

After that , caveat emptor.

 

[Propertunity]

the building inspector and was told it is not something they could have detected by VISUAL inspection so apparently it's not their fault.

They may have an out clause as building inspections are so full of disclaimers, you wonder sometimes why you bother paying to have them done. However, most of the building inspectors we use do turn the shower on to check for any obvious leaks as well as using a moisture meter.

If your friend goes down this route, then she will likely find herself trying to make a claim on the building inspector's insurance company - good luck with that!

Isn't there anywhere she could go to get help?

She can hire a bathroom company to repair the leak at her own expense. After settlement, the problems are all hers, unfortunately.

 

[kkjj]

After that , caveat emptor.

Thanks for the reply HotRod. I am still a newbie here so not quite sure what you meant by this last sentence. Could you please explain a little?

 

[HotRod]

It's latin for Buyer Beware.

 

[Melbournian]

Not much you can do once settlement has occured.

i remembered once i settled on a property which had 2 windows locked which i didn't have keys. couldn't do a damn thing abt it.

 

[The Y-man]

I've had a hot water unit blow up (literally) when power was switched on, locks with no keys etc etc. Unfortunately it is one of those things.

It's also one of the reasons I dislike buying recently renovated properties - a coat of paint can hide a lot of leaks marks etc. (I bet this house was newly repainted?)

I suggest however that your friend call her building insurance company immediately to see if the leak is covered.

The Y-man

 

[Terry_w]

Your friend purchased the property in the condition it was in. Nothing she can do really now.

 

[Jake D]

[jerk mode]

She's feeling really helpless now. Isn't there anywhere she could go to get help?

Plumber.

i remembered once i settled on a property which had 2 windows locked which i didn't have keys. couldn't do a damn thing abt it.

Brick.


[/jerk mode]

 

[Rob Williams]

Caveat Emptor - It's latin for Buyer Beware.

I thought it meant "Don't go into the cave unless its empty".

 

[HotRod]

I thought it meant "Don't go into the cave unless its empty".

That's really old latin.

 

[twobobsworth]

Maybe be possible but probably 1000 times the cost of repair. Google Dalton versus Lawson Hill Estate.

 

[Terry_w]

Dalton –v- Lawson Hill Estate Pty Ltd [2005] FCAFC 169, for a fee, a water drilling contractor provided the property owners documentation stating flow rates but the flow rates were incorrect. The documentation was later used by the owners when selling the property and the purchaser was misled by it. The drilling contractor was held not liable to the purchasers.

 

[Terry_w]

In this case, unless there were brochure or other correspondence asking about the shower with misleading or deceptive answers given then I don't think the purchaser has much to go on.

Even then there would probably be a clause in the contract which affirms that they have not relied on any verbal or other representations unless it is included in the contract.

 

[twobobsworth]

It's a long bow, from memory the vendors ended up having to compensate the purchaser.

 

[handyandy]

Move on.

Our first property purchase (many years ago) had a pool. As a keen FHB went down while the owners were still packing up and moving out. The owner had just finished cleaning the pool and I thought he was being very considerate.

When we came to move in I found that all the pool equipment was missing. Called the soli, ah, not in the contract, sorry but they took.

By the way, I wouldn't necessarily call a plumber without first determining the source of the leak. If it's the actual plumbing then sure it's the plumber but if it is the shower recess leaking then you don't want a plumber involved.

Cheers

 

[Ninga cat]

My friend just bought a property and the settlement was end of July. On the first day they moved in while she was having a shower, they found the recently renovated shower (not sure exactly when) was not just leaking but almost like pouring water from second floor to the ground floor.


This happened to a friend too after they did some renovating. When the shower taps and washers were put back in place the washers were too small / worng type and water literally poured down the inside of the cavity wall and flooded the bedroom behind the shower ruining paint and carpet.

Are you sure the leak was going on for a long time? You might have a situation as above, fixed by a plumber. If on closer inspection there are signs of rotting, rust, plaster damage, then it would have been going on for a while and needs more expensive work....