Seller failed to disclose maintenance issues

Discussion in 'Legal Issues' started by Luke_80, 13th Jan, 2020.

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  1. Luke_80

    Luke_80 Member

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    I'm in the situation where after 30days I've discovered some serious water leak issues with the IP I purchased. This isn't the first little 'sly' action this guy took unfortunately and so it's clear to me the seller knew about this because he'd shut off a valve to prevent the leak but obviously didn't disclose it to me or get it repaired.

    I'm assuming after 30days it's nothing but Caveat Emptor for me, nonetheless I'd really like to know if anyone has any experiences with this and what they did to seek some consideration for the deception.
    Thank you.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Did the agent make false and misleading statements?
     
  3. D.T.

    D.T. Specialist Property Manager Business Member

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    Which state did you purchase in?
     
  4. Propertunity

    Propertunity Well-Known Member

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    If in NSW the contract normally says that the purchaser accepts the property in its “present state and condition”. You get the inspections done that you want - ie Pest & Building, plumbing, electrical etc. so you are relying on your own investigations. If issues uncovered before you go unconditional then you have the option of renegotiating the price or of not proceeding with the purchase.
    Now that you have settled - it’s all yours.
     
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  5. Luke_80

    Luke_80 Member

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    it's in Queensland
     
  6. The Y-man

    The Y-man Moderator Staff Member

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    Did you get a building inspection done?

    The Y-man
     
  7. Luke_80

    Luke_80 Member

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    yes I did. The leak has to do with filling the pool via a pipe which is connected from the house water tanks. I did not get a pool inspection. Even if I had, I doubt anyone would have detected as the issue is only discovered over time. Look I know it's my problem, I also know that the seller successfully pulled one over me by masking the problem. I guess I'm naïve and am now paying for it.
     
  8. wylie

    wylie Moderator Staff Member

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    Would filling the pool from a tank be an added bonus, and therefore, if you cannot do it via the pipe (which I guess runs underground and possibly under the pool surround?), can you simply run a tap from the tank instead.

    I'm not trying to say they were not being dodgy, but is it a big issue? We fill our pool from a tank via a hose. It actually runs slightly uphill but of course, water weight pushes the water through the house.
     
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  9. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Its possible that the pool is syphoning through the discharge to sewer. Shut down the pump. Close the valve AND CAP the strainer basket discharge pipe so water cannot reach the pump. (Best to disconnect pump power to be sure). Capping the basket can be done with pool hose fittings so they stick above water level. Check the discharge to sewer is not trickling at all. Ideally discharge should fall above a sewer vent and not be directly connected. Otherwise its hard to see / hear. Compare levels over 24-48 hrs. If water levels are down its a leak. If they dont its probably a syphon ( a water leak in a pipe less likely as ground would be wet) and is wasting water. Speak to pool shop about pipe solutions to prevent syphoning. (eg a inverted P trap extension to sewer )

    Example Video

    Ours can drop 2000litres+ a day if we dont watch for it. And its just a dribble.
     
  10. Propertunity

    Propertunity Well-Known Member

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    I hope not @wylie :eek:
     
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  11. wylie

    wylie Moderator Staff Member

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    Oops! Water weight pushes water through the hose... not the house.

    Funny story. I put the hose from the (small) tank into the pool and turned it on, forgot about it. Need to top up by about an inch.

    Pool filled to the lip. Hubby saw that and uncoupled the hose fitting from the tank and laid it on the ground. Water flowed from the pool back slightly downhill until I noticed the pool level was very low, probably lost four inches.

    I had to fill from the mains. Trap for young players (and not so young players)...
     
  12. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I'm very conscious as each litre is now precious and we have water restrictions to refill limited to 15mins per day in Sydney. Unless I want to use recycled water (gross) which is heavily treated sewerage. Not heavy enough IMO.
     

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