Structual damage after purchase

Hey guys - appreciate your help with this.

We recent bought our first PPOR. It’s an older weatherboard style home with a new-ish extension on the side.

Around 4 months after purchasing we noticed a major leak around the shower drain in the bathroom that is part of the extension. After getting it patched up, the grouting guy discovered that the chipboard subfloor is rotting and the whole bathroom will need replacing. Having checked myself, a couple of the timber joists underneath have also suffered from rot damage.

We had a structural engineers report prior to the purchase which detailed no structural issues.

Do you think this is something that we have rights to pursue legal action for, and if so who is at fault? The seller or the structural engineer?

Appreciate your advice on this.

 

You probably have signed a contract that states you accept the property in its current condition. The vendors are off the hook in that case.
The structural engineer's report probably has disclaimers liberally peppered through-out the report. This does not necessarily get him or his insurer off the hook, but it makes a claim against him/them more difficult (but not impossible).

 

You generally buy a property as is.

 

Legal advice concerning the inspection report and any claim for professional negligence. Otherwise you buy it warts and all.

Generally inspection reports are based on external visual signs and nothing more. If the defect was well disguised or even not apparent it would not get reported. And likely not professional negligence. If you wanted a more robust inspection you should have had a subfloor inspection.

Caveat emptor....One of the most used roman expressions still in use today