Disclosure on polybutelene piping

[Y&B]

I purchased a home in June 2000. In Oct 2000 there was a major leak in the spare bedroom, which was caused by Polybutelene Piping. In the disclosure statement by the seller, it said PVC. I have since tried to deal with my real estate agent, the sellers agent and the previous owner to get a settlement on replacing the piping. The previous owner states he said it was PVC, which "could be" polybutelene piping and he was not willing to settle. He also stated that the inspector should have known this. The HOA has known about this for 7 years. We have tried to go through the class action suit for polybutelene, but our time has expired for the re-piping of the house. Do we have a case? If so, do you know of a attorney in the Tucson area which is familiar with the Polybutelene? I appreciate any help.

 

[HomeGuru]

PVC and PB are 2 different things. You have a disclosure claim.

 

[faithandhope]

Yes the inspector should have noted the pipes were not pvc unless the house was only partial poly and that portion was hidden in the walls. Usually that is not the case. Inspectors are also made aware of class action and recall items to look for in inspections. Now the seller must not have known the difference between pvc, cpvc, and poly, which is evident in stating that "it could be" because they are two different colors. But ignorance is not an excuse. I would hire an independent inspector and a plumber to come verify and document the pipe type, which your attorney will most likely advise you to do anyway. Then you can take the documentation with you when you find an attorney. I would contact the inspector as well and give him a chance to explain his findings and maybe contact his insurance company for E & O as well as the seller's realtor. That might be an avenue for you to explore as well.