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Pilot Hoo

Joined: 01/11/2001 Posts: 7301
Likes: 1324

Legal/real estate advice

My wife and I live in SC. We purchased a townhouse 2 years ago this January. New to the area. Seller’s Disclosures stated all plumbing normal. Seller’s agent is a long time resident of my neighborhood. Recently we had a leaky water line. Patched it and in conversations with the plumber learned that the entire neighborhood was largely built with faulty pex pipes. We researched and learned it is indeed a huge issue in our area. No less than 8 units in our block alone have had the issue. We learned the only fix is to have the house re-piped which we elected to do. Basically a $8-9k fix. My wife to her credit remembered Facebook Messenger conversations with the seller that she had about 6 months ago where the seller admitted to patching 5 leaks, getting a quote for a complete re-pipe. This conversation was roughly one year after we closed. Nothing was noted in her disclosure, no information from the realtor who is also professionally obligated to disclose to the buyer, and many lines of how well known the issue is. The plumbers were at our home working and a competitor was up the street repair a leak due to the very same issue.
The SC statute of limitations is 3 years on disclosures. I feel well within my rights to pursue the seller’s agent and/or the seller. I have screen shots of all communications with the seller and like I said the realtor absolutely knew about the issue as a resident of our community. The plumber we used in conversations told me that another realtor he works closely with (reputable) always discloses and often gets him to issue a quote for repair or verification that the faulty pipes are or are not present before sale to protect their owners who they represent as seller’s agents. They are neighbors as well.

Thoughts? Do I stand a chance? Who do I pursue? The seller, the agent, or both? Do I go outside the small claims court with a letter to both stating we want reimbursement or do I just go through the court? File a complaint with the realtor’s commission? All of the above? The SC Small Claims Court cap is $7500 which covers the repair but the wage garnishment or judgment option is less appealing obviously. It’s as much or more about principle to me as the money.

Thanks to all in advance!
[Post edited by Pilot Hoo at 10/13/2021 2:07PM]

Posted: 10/13/2021 at 2:07PM


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Current Thread:
Legal/real estate advice -- Pilot Hoo 10/13/2021 2:07PM
  How does an inspector catch this? -- Zhoo 10/14/2021 3:46PM
  Nope ** -- Pilot Hoo 10/14/2021 3:27PM
  Not worth the headache -- 4thYear5th 10/13/2021 5:14PM
  There you go.......LOL ** -- Zhoo 10/14/2021 3:45PM
  Shocker right?! ** -- Pilot Hoo 10/14/2021 3:54PM
  And a resident herself ** -- Pilot Hoo 10/14/2021 3:28PM

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