Q: Do we have recourse against the seller of the home?
My daughter recently purchased a home from a seller where the home was a "fix and flip." She has lived in the home approximately three weeks. They discovered that the master shower pan was leaking on the floor. Initially, they thought it was just excess water that was due to getting in and out of the shower. They then found a pool of water when they had not used the shower for a couple days. At that point they began looking for the leak source and found that sponges had been shoved under the shower pan to collect water. Bottom line is that the shower pan was never installed correctly. She did contact the realtor who represented her who indicated he would contact the seller and get back to her. Does my daughter have a case with the seller OR since she closed, it is on her to have the shower pan fixed?
A: It is hard to say if there is a case. The fact the deal closed does not necessarily preclude legal recourse, but it does make undoing the deal more expensive (and time consuming). Contact a lawyer to review the specifics of your daughter's case. Normally, buyers assume the risk of defects in the home, but the nature of the "repair" raises the possibility of fraud. There may also be a breach of assurances by the seller in the sale, etc. Talk to a real estate attorney...
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