We purchased our home a little over 2 years ago. Right now, there is plumbing leak and as a result of the leak we found out the area had been patched up meaning there was leakage before and they fixed it. The leak was coming from the upstairs bathroom leaking to the downstairs bathroom. At the time of the sale, this information was not disclosed to us. Is the previous owner responsible for the damage since it seems like a prior damage?
Answer
The fact that a repair was made to a previous problem does not necessarily have to be disclosed. If the seller made the repair and in good faith believed that the repair restored the property and solved the problem, then there is no liability. Sellers must disclose defects and material conditions that affect market value.
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