Needhelplease!1
New Member
- Jurisdiction
- California
Hello,
Hoping for some guidance:
Two weeks after purchasing an upstairs condo (October 15, 2020), the downstairs owner informed us that the previous owner had a water leak in their bathroom from a year ago. The downstairs owner had tenants at the time and claimed they unsuccessfully tried to contact the previous owners of our unit but for whatever reason the damage and leak was never repaired.
We took a picture of their bathroom ceiling which showed the damage was old (peeled paint and dry bubbles).
We had an inspection prior to purchasing the unit and it was advised to change the toilet wax seal in one bathroom and caulk in the other bathroom. The inspector also advised changing the AC unit. We intended to do all. Since the unit was empty downstairs, the owner said we had time to repair the minor plumbing issues. A few days later they knocked out a kitchen wall for more light and opened the bathroom ceilings without telling us. The HOA forbid them from doing so and advised them to follow the HOA procedures due to asbestos issues and possible structural damage, but they did so anyways.
Our plumber came to complete the repairs. He was invited by the downstairs owner to take advantage of the opened up ceilings to determine where the leak was coming from.
Our plumber had us splash water on all the faucets, on the floor along the bathtubs, on the wall tiles, flush the toilet, run the water in the sink, etc. He confirmed leaks from both bathroom even though the second bathroom did not show any visible damage prior to them opening up the ceiling (perplexed why they opened the 2nd bathroom ceiling - maybe the tenants damaged it?). The plumber caulked the faucet in one bathroom and changed the toilet was seal in the other. The neighbor confirmed there were no more leaks visible through the opened up ceilings.
Several weeks later, the downstairs owner is now asking us to pay them $800 cash to put up the drywall on the bathroom ceilings We had no prior agreement to pay for this since the leak(s) dated a year ago. Is this ethical? Shouldn't they have filed an insurance claim a year ago with the previous owner? I am afraid they may say the leaks are new since we purchased the home only to get money from us. I do have it in writing though that they said they tired to reach the previous owner about the damage a year ago. He now says we have to pay within 48 hours or he threatens to take us to court and that he will also sue us for the time he cannot rent out the unit (although they are still working on the unit replacing kitchen cabinets and finishing up the floors). What should I do?
Hoping for some guidance:
Two weeks after purchasing an upstairs condo (October 15, 2020), the downstairs owner informed us that the previous owner had a water leak in their bathroom from a year ago. The downstairs owner had tenants at the time and claimed they unsuccessfully tried to contact the previous owners of our unit but for whatever reason the damage and leak was never repaired.
We took a picture of their bathroom ceiling which showed the damage was old (peeled paint and dry bubbles).
We had an inspection prior to purchasing the unit and it was advised to change the toilet wax seal in one bathroom and caulk in the other bathroom. The inspector also advised changing the AC unit. We intended to do all. Since the unit was empty downstairs, the owner said we had time to repair the minor plumbing issues. A few days later they knocked out a kitchen wall for more light and opened the bathroom ceilings without telling us. The HOA forbid them from doing so and advised them to follow the HOA procedures due to asbestos issues and possible structural damage, but they did so anyways.
Our plumber came to complete the repairs. He was invited by the downstairs owner to take advantage of the opened up ceilings to determine where the leak was coming from.
Our plumber had us splash water on all the faucets, on the floor along the bathtubs, on the wall tiles, flush the toilet, run the water in the sink, etc. He confirmed leaks from both bathroom even though the second bathroom did not show any visible damage prior to them opening up the ceiling (perplexed why they opened the 2nd bathroom ceiling - maybe the tenants damaged it?). The plumber caulked the faucet in one bathroom and changed the toilet was seal in the other. The neighbor confirmed there were no more leaks visible through the opened up ceilings.
Several weeks later, the downstairs owner is now asking us to pay them $800 cash to put up the drywall on the bathroom ceilings We had no prior agreement to pay for this since the leak(s) dated a year ago. Is this ethical? Shouldn't they have filed an insurance claim a year ago with the previous owner? I am afraid they may say the leaks are new since we purchased the home only to get money from us. I do have it in writing though that they said they tired to reach the previous owner about the damage a year ago. He now says we have to pay within 48 hours or he threatens to take us to court and that he will also sue us for the time he cannot rent out the unit (although they are still working on the unit replacing kitchen cabinets and finishing up the floors). What should I do?