Water leak damage

[mzaslavsky]

MA

I bought my condo from developer in June, 2009. Right the first fall during heavy rains it started leaking so much that I and my pregnant wife had to pour buckets of water to keep our apartment dry. Probably the developer was aware of this problem but he claims he was not. Currently walls and ceiling are already seriously damaged. The leak is from balcony above my condo (due to specific condo construction their balcony is located not above our balcony but right above interior of our apartment). When I bought it there was no rains and inspection (which was made prior to the purchase) didn`t notice this problem. The developer, who is also a member of board ot trustees, was trying to fix it for the whole year but it still leaks. And we are not sure how long it will take to fix it since it looks like that it is a problem of the building.

Both me and my wife sometime have to leave our apartment for 1-2 months due to our travel schedule, so that buckets of water might cause a serious damage to the apartment below. Last year during reall heavy rain It started leaking in the middle of the room right under our light fixtures. That might cause a serious damage to the whole building due to fire, especially when neither me nor my wife are at home.

Since we are expecting a baby we started thinking to sell the apartment and buy a new one. Moreover, the interest rates are low now and home prices are reasonable. We can`t sell our apartment now without significant price reduction I guess. And obviously both prices and rates are expected to grow significantly even in one year when possibly (?) the leak will be fixed

In principle, we`d like to get rid of this apartment, get all our money back and some compensation (plus make the developer to pay your fees). Also we`d like to sue the inspector. Is it reasonable and good case to handle?

 

[mulderlx]

The sellers of the apartment are legally obligated to disclose this information and you could either sue them, the inspector for missing the problem, and you can make the condo association pay for the leaky roof because roofs are part of the association if there is one. If there isn't one, then the previous homeowner is responsible for your problem.
You are hoping too much when you say you will just sell your apartment. You will not be able to sell the apartment in the condition it is in, you'd be putting yourself in a position just as your previous homeowners of being sued.
If the condition of the house is really bad, then you could be living in a condemmed home. Get a professional to deem your house safe or condemmed, and get out for the safety of your family!

 

[mzaslavsky]

Thanks for you answers. In principle, condo association (developer is also a member of board of trustees) are trying to fix the leak problem. However, they have been trying it for 16 months and the balcony still leaks. My question is which of the following does it make sense to do before hiring a lawyer?
1. Write a demand letter according to 93A Consumer Protection Act? If yes, against whom: developer, condo association, inspection? And it is reasonable to ask for monetary compensation there for all the inconvenience and troublesome conditions of living?
2. Hire a construction company by my own (it is permitted by condo), try to assess and to fix the leak? And then get reimbursed by master insurance. If the construction company fails, wouldn't it make condo association less liable for a delay in repair?
3. File a claim to the Small Claims Court for the inconvenience and troublesome conditions of living? Again, if yes, against whom: developer, condo association, inspection?