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Old 06-27-2008, 09:44 PM
 
5 posts, read 16,150 times
Reputation: 11

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I just purchased a home and moved in last saturday. After the move we went to hook up the dryer and it did not work. We discovered the breaker was tripped and when we flipped it back on it flipped off again. Later after the rain begain we notice the breakers had water on them. We then took the panel off and discovered water coming in on the main power. The home has a warranty but this is not covered. After having an electrician out the ground wire inside the box has black electric tape wrapped on it which is were the water is coming in. The electrican said it looks like they did this to stop the water from coming in. I spoke with my realtor and she spoke with the realtor who sold the house and none of this was disclosed. The seller's realtor stated that the seller did not know but according to the electrican they had to know from the black electric tape being used and the dryer outlet not working. I had 3 different electricans tell me the same thing. I had a home inspection but this was not found 1 because it did not rain when we looked at the house and 2 you would have to remove the panel to see the water coming in. Just opening the door of the breaker box would not show it unless it was raining when you did this. The electrican stated that usually home inspectors do not go around removing the panel anyways.

My question is do I have a legal actions I can take against the seller of the home?

Thanks
Kim
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Old 06-28-2008, 12:25 PM
 
Location: A little suburb of Houston
3,702 posts, read 18,232,807 times
Reputation: 2092
Document and take pictures of everything, then go see an attorney. Hard to believe they did not know about the problem when they made attempts to repair it.
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Old 06-28-2008, 03:00 PM
 
3,191 posts, read 9,192,395 times
Reputation: 2203
Get outside and meet the neighbors and casually bring it ...you would be surprised how neighbors can inadvertently 'squeal' on the old ones! Instant witness LOL

You should contact a real estate attorney.
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Old 06-28-2008, 05:52 PM
 
Location: DFW
40,976 posts, read 49,295,196 times
Reputation: 55032
How much will it cost to fix Verses how much will it cost for a lawyer.

Your best bet would probably to take it to small claims court or see if the seller will split the cost with you. You do have to prove they knew of the problem.
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Old 06-28-2008, 06:55 PM
 
529 posts, read 2,713,527 times
Reputation: 166
Default Were sellers orginal owners?

So sorry to hear about your trouble.
How long had the sellers lived in the house and how old was the house? If the sellers are the original owners then they probably knew (unless the builder was shoddy - which never happens )
But if the house was 50 years old and the sellers only lived their 2 years, then maybe there is a chance that they didn't know.
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Old 06-28-2008, 07:56 PM
 
91 posts, read 375,002 times
Reputation: 56
If you got a home inspection, talk sternly to them. Tell them you want this fixed, at their expense. They should have discovered this.

The concept that a home inspector doesn't take the time to remove the panel is ridiculous.

But yeah, I've had clients who have moved in, found things they weren't satisfied and they thought the Home Inspector should have discovered, and a simple call to them they'll usually fix it as opposed to having their name/reputation tarnished. Home inspectors are insured as well.
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Old 06-28-2008, 08:50 PM
 
Location: Salem, OR
15,598 posts, read 40,505,153 times
Reputation: 17517
The home inspectors I recommend do indeed remove the panel. There is often bad wiring in there.

The fact that the dryer was constantly tripping the circuit is a bigger red flag than the tape. If the dryer didn't trip the switch it sounds like it would be possible to not know about the switch.

Me...I would ask for the sellers number and talk with them directly. I would ask them how they did laundry for the entire time they lived there, since you can't get the dryer to work. See what they tell you.

Then I would have the 3 electricians write something up for you. Then I would talk to the neighbors, and then depending on how much it costs to fix it, take them to small claims court. In OR the limit is $7500 in damages. A new panel costs about $1500 so I can't imagine the work would exceed a small claims court limit.

So now having spewed my opinion out...the fact is that it depends on your disclosure laws in the state you live in and what your contract says you can do. Your contract may not say this has to be resolved in small claims which would mean an attorney, and at that point it might be a wash.
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Old 06-28-2008, 08:59 PM
 
529 posts, read 2,713,527 times
Reputation: 166
No expert here but I think that even if the inspector doesn't remove the panel, he/she should be checking the electricty. When they stick those thingy's into the outlets wouldn't something have happened wrong if the circuits were messed up?
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Old 06-29-2008, 05:23 AM
 
Location: Palm Coast, Fl
2,249 posts, read 8,905,255 times
Reputation: 1009
Quote:
The concept that a home inspector doesn't take the time to remove the panel is ridiculous.
Agreed. The inspectors that we suggest always remove the panel. You can't see how it's wired if you don't.
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Old 06-29-2008, 03:29 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,338,749 times
Reputation: 6472
Or you could just have the problem fixed. My guess is some silicone sealant would do the trick if electrical tape didn't.

3 electricians out...$90 each
1 attorney............$200/hr
1 home inspector...$300
1 tube of caulk......$3
fixing things by yourself...Priceless
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