Hello,
In 2006 I purchased a condo in Franklin, MA with a view to using it as a rental property; the previous owner was (and still is) a local real estate agent.
There have always been drainage issues with the plumbing, in both the kitchen and the bathroom. These problems, as far as I have been able to ascertain, stem from two issues on which I am presently seeking some clarity and guidance:
1.) The previous owner had a new kitchen unit installed: stove, dishwasher, microwave, nice wooden panels and a garbage disposal for the kitchen sink. After years of problems with the garbage disposal, I have just been informed (by the latest plumber to work on my kitchen) that the kitchen sink pipes were incorrectly installed from the get-go, and were placed at the wrong angles for proper sink drainage. This plumber's opinion is that the original work was not done by a professional.
When I approached the previous owner for clarification on this score, she was extremely reticent to tell me who had done the work. Finally, she informed me that it was done by the husband of one of the condo board's members... who is apparently now "retired" and who may or may not have been a professional builder or plumber in the first place. The condo board is refusing to put me in contact with him.
2.) Drainage in the bathroom sink and tub has always been poor. The most recent plumber to inspect the bathroom (the same individual as mentioned in #1 above) told me that the tub shoes are "strange" and that he believes the plumbing for the entire building is out-of-date and needs to be overhauled. Here again, however, the condo board is refusing to answer my queries on this score - even going so far as to claim that they "do not know where the as-builts are"... yet I was easily able to locate them at the Building Department of the Franklin Town Hall. However, I do not have the professional expertise to read and interpret them.
My question to you, therefore, is - what, if any, recourse do I have on either or both of the above issues? How would you suggest that I proceed?
Thank you for your time and attention, and I look forward to your reply!
Duty to disclose defects
That is an interesting question, but one that, unfortunately, I do not have an answer for. As you may know, Massachusetts is still a caveat emptor state, meaning sellers are not obligated to disclose defects to a buyer when selling their homes. So typically, unless you ask the seller about an issue and he lies to you, it's hard to make a case for undisclosed defects. However, Massachusetts law and regulations place a burden on licensed brokers and agents to disclose facts to a buyer that may influence the buying decision. Whether this requirement in applicable to an agent selling her own home, I do not know. You could try contacting the Massachusetts Board of Registration of Real Estate Brokers & Sales-persons and ask them. Let us know what you find out. Or try contacting an attorney with experience in real estate litigation and ask her opinion on the matter. Good luck.
Non-disclosure of defects
Dear Editor:
Many thanks for the rapid reply.
In actuality, the broker was not selling me her own home, it was a property that she had purchased for her daughter, who subsequently got married and moved out. I do not know whether or not the broker ever rented the condo prior to my purchase of it. In any case, I thank you for your advice and will definitely let you know what the MA Board of Real Estate Brokers & Salespersons has to say.
Regarding the other issue I raised - the condo board's refusal to answer my queries regarding the (apparently antiquated) plumbing in the building where my condo is located - as a condo owner, do I really have no say in this regard?
Thank you once again for your time!