Disclosure Statement - Shower Leak

[naijarus]

Issue: Shower Pan Leak
Property: Condo
State: Texas

Recently purchased condo in Dallas, TX April 2010 and moved in April 24, 2010. May 4, the propery management company notified that my shower was leaking to the unit below me. Property mangement by way of the onsite maintenance guy state it is my shower pan and that this has been an issue for at least 5 years. Onsite maintenance guy state he told the original owner about fixing but he didn't.

Unit owner below also states she and other neighbors knew of this leak for at least 7 years as this isn't the first time she has had water leak into her unit.

We bought the condo from the son of the original owner who had passed away.

HOA said since it is the shower pan, it is our responsibility, however, the plumber said it is not the shower pan but rather the drain pipe from the pan.

Question: What recourse do I have considering the disclosure statement is blank as the seller did not live there and his father who lived there has passed away? What recourse do I have if any against seller, agent, HOA etc since this was a pre existing condition going back 7 years?

 

[army judge]

Question: What recourse do I have considering the disclosure statement is blank as the seller did not live there and his father who lived there has passed away? What recourse do I have if any against seller, agent, HOA etc since this was a pre existing condition going back 7 years?

In order to cure this, it will most likely require services of an attorney and a lawsuit.

I advise my clients to never buy property that have HOA Nazis.

Too late for that, now.

You require a GOOD PROPERTY attorney.

The HOA will have to be bullied into submission, or sued into obedience.

Either of those outcomes are very dicey, because HOA Nazis generally have iron-clad non-suit arrangements.

Find out the cost of the repair, and that might be the cheapest option available to you.

There MIGHT be one other option available to you.

It will require you to speak with an attorney.

Texas has a warranty of habitability law.

The seller of real property has to disclose certain defects to the buyer.

This remedy is time limited.

You must act quickly to preserve your rights.

A property lawyer or real estate lawyer should be able to asist you with its interpretation to your situation.

I don't practice property law, so I can only leave you to yourt own devices for a solution.

You live in Dallas.

There are an abundance of good real estate and property attorneys in your area.

Ask your friends, co-workers, and relatives for some names.

Or contact the Dallas County Bar Association for referrals.

Here is their weblink for attorney referrals:

http://www.dallasbar.org/members/lrs.asp

Disclosure statement should have been provided:

http://www.trec.state.tx.us/pdf/contracts/OP-H.pdf

Texas Real Estate Commission:

http://www.trec.state.tx.us/



This is your GOLDEN TICKET!!!!!
It is the duty of the SELLER to disclose, whether he resided there or not!!!

Texas law requires that the seller provide the buyer with a completed Seller's Disclosure of Property Condition Notice on or before the effective date of a contract. This statement must disclose all known structural defects as well as problems with or information about the heating, plumbing, mechanical and electrical systems. The seller also must include potential problems of which he or she is aware such as easements, environmental hazards, landfills, flooding, zoning violations or noise problems or termite and pest infestations, treatments or damage.

In houses built prior to 1978, the seller is to disclose that if lead based paint exists, it may present a danger, provide a lead-based paint disclosure form, and provide information on hazards from inspections in the seller's possession required under a federal law, the Residential Lead-Based Paint Hazard Reduction Act of 1992

http://research.lawyers.com/Texas/Buying-a-House-in-Texas.html