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Major plumbing issues post settlement

Discussion in 'Legal Issues' started by Frosty123, 24th Feb, 2016.

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  1. Frosty123

    Frosty123 Well-Known Member

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    Hi all,

    I've had my tenants move into a property I recently purchased, and I've now found out there are major issues with the plumbing. The backyard will need to be dug up to resolve the issues with the pipework. This is existing issues that weren't disclosed to me by the previous owner
    Do I have any legal grounds to stand on here?

    Thanks
     
  2. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    Could you prove that the agent and/or vendor were dishonest with regards to the plumbing or misrepresented its condition?

    If not, caveat emptor. And even if you could prove it, cost to take legal action may well outweigh repair costs
     
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  3. Frosty123

    Frosty123 Well-Known Member

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    The plumber has told me that roots have cracked the pipe-work and there's no way the previous owner could not have noticed that. He was suprised anyone could have even lived there with it in that state.
    I'm not sure how I could go about this in any other way... Really stressed out over this now...
     
  4. Depreciator

    Depreciator Moderator Staff Member

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    I'm with DaveM. Best fix it quickly before you lose that tenant.
     
  5. Marg4000

    Marg4000 Well-Known Member

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    ALWAS assume there is some unknown problem when you buy a property and plan for a nasty surprise in the first few months. I always seemed to get dodgy hot water systems!

    Goes with the territory. As said, just fix it and move on.
    Marg
     
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  6. neK

    neK Well-Known Member

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    You buy the property as is. Why would there be any form of warranty?
     
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  7. Biz

    Biz Well-Known Member

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    This.

    That is why I always hammer vendors for discounts for even slight issues after the B&P. At least you have that in your pocket.
     
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  8. S.T

    S.T Well-Known Member

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    Very true, funny how hot water systems seem to die very soon after settlement!
     
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  9. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    There is another thread by someone with this same problem. It was about 6 months ago so worth looking it up.

    On that thread i pointed out that any repairs were unlikely to be deductible.
     
  10. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    If the agent knew that they must disclose but there is no requirement for a vendor to do so unless asked. I know P&B typically covers visual external inspection of sewers and water drainage. I was advised once of a blocked sewer in such a case...They flushed loos several times and then looked at external sewer riser....And sent me a photo of the floating paper !!

    This is a good example of an initial repair. Non-deductible and part of the cost base.
     
  11. Frosty123

    Frosty123 Well-Known Member

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    Thanks for the replies.
    I assume that this is unlikely to be covered by building/landlord insurance too..?
     
  12. Depreciator

    Depreciator Moderator Staff Member

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    No. Much of the cost with these things is in the digging. Do live in the same city as the property? Do you have any mates who owe you a favour?
     
  13. datto

    datto Well-Known Member

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    Frosty, chill out!

    Basically you can reduce your costs by making the plumber's job easier and as Depreciator mentioned start digging. Ask the plumber where to dig and when he wants it by.

    I had a root problem (lol) at my house years ago and a mate fixed it. We only had to dig about 600mm x 4 or 5 metres (hard yakka though).

    Then changed the clay pipes ( this looked so easy). Then back filled. Then exterminated all surrounding trees.

    Good luck Frosty.
     
  14. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Spot on. Plumbers charge a lot to dig cause they hate it more than you. Use your nose the find the problem. And try not to throw up in the trench.
     
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  15. Frosty123

    Frosty123 Well-Known Member

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    Unfortunately I don't live in Logan (from Melbourne), so doing the hard-work of digging myself isn't really an option. I have since spoken to my solicitor that looked after the conveyancing, and he did mention that the council *MAY* assist in paying some of the costs depending on some of the details.

    Has anyone else had any luck with this before?
     
  16. Biz

    Biz Well-Known Member

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    Nope. Council will probably turn around and say the roots are in there because the pipe is cracked. The roots go looking for water the pipe doesn't go looking for the roots.
     
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  17. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    I had this problem and the plumber can put an eel down there to cut the roots. Also had a pipe join slip apart and the pipe drop down. It cost $1100 to dig up and fix.
     
  18. Marg4000

    Marg4000 Well-Known Member

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    It all depends on where the blockage is. You are responsible for the pipes from your house to the sewer main. If the blockage is in the main then it is a council problem.

    The sewer main runs along the back of our property. Quite a few years ago the main pipe was replaced by the council who did all the work, and even made a fairly good job of tidying up afterwards.
    Marg
     
  19. Azazel

    Azazel Well-Known Member

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    Digging sux, especially when there are roots.
     
    Last edited by a moderator: 24th Feb, 2016
  20. Tyler Durden

    Tyler Durden Well-Known Member

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