Water treatment equipment

[kenham456]

What is the name of your state (only U.S. law)? Washington. We bought our home in 2006. The house is on a well. The wells in our tract (30 parcels, 10 houses) contain a lot of iron and without treatment the water is yellow and smells like rotten eggs.
When we bought the house there was a water treatment system located in the garage to remove the iron. About six filter tanks. We had a continuing problem with the water and many visits from the water treatment person who adjusts the systems in all the houses in the tract. This person told me that the water treatment equipment cost $5000 to install.
After about a year and a half of no success in clearing the well water of iron the contractor closed our well and connected us to the well we now share with our neighbor. The water treatment company removed the equipment from the garage. I assumed that they would store these things in case they were needed later.
Now, after a year and a half on the new well we are seeing a return of iron problems. I contacted the company who maintains the equipment in the tract to come and check the water and bring whatever of my equipment that is necessary to correct the currect iron problem.
The company replied that my contractor originally purchased the equipment during construction of the house and my equipment was returned to him after removal from my house.
There is no indication on our deed that the equipment does not belong to us or that it is rented or leased. On the seller disclosure statement there is a question "is there water treatment equipment?" the contractor answered "yes" there were two boxes "leased or owned" and he checked owned.
What do you think?
Thank you.
Ken

 

[JETX]

I deleted my previous post which provided the LEGAL solutions to this idiot... since he really just wants to argue that his 'rotten-egg' smell is caused by IRON.
SULFUR causes the 'raw-egg' smell... not IRON!!

"The presence of hydrogen sulfide in home drinking water supplies is not a health hazard, but is a common nuisance contaminant whose distinctive "rotten egg" odor makes water treatment desirable. Several treatment methods are available, and often hydrogen sulfide can be treated and removed using the same process and equipment used for iron and manganese removal."
http://www.excelwater.com/eng/b2c/h2s.php

Iron has NO smell to water!!
"One of the most common contaminants of well and municipal water systems is iron. Iron contamination can be found in two general forms, ferric iron which consists of particles of solid iron (rust) that can be removed by mechanical water filters (sediment filters), and ferrous or dissolved iron which must be removed from water by special iron water filters. In addition to causing an unpleasant metallic taste, iron in drinking and household water can cause unsightly staining of plumbing fixtures and laundry.

Hydrogen sulfide is typically responsible for the rotten egg or sulfur (sulphur) smell often found in well water."
http://www.mediawaveonline.com/iron-water-filter.php

 

[kenham456]

Yes IRON

Jetx, you may know something about the law but nothing about water problems. The problem here in our tract is Iron. In most of the area here in Toutle it's iron. Iron in water is yellow and smells like rotten eggs when heated in the hot water system.
You should have read my post. The water treatment company sold the equipment to the contractor during construction as did the drywall people, lumber company etc. I bought the house, roof, walls and the water treatment equipment that is NOT LEASED according to the sellers statement of facts during the escrow (Leased? NO). As I already stated the water company, one man, told me that he sold the equip during construction. He says that he does not own it. You really should read these things before you answer.
If you have some reason to think I didn't own this with the purchase of the house let me know.

 

[FlyingRon]

Nope. Iron causes rust colored water and no appreciable smell (but a metalic taste). Sulpher (specifically Hydrogen Sulfide) makes the rotten egg smell.

Believe me, I have a LOT of iron in my well. It doesn't make a smell.

 

[kenham456]

Iron

jetx, if you read the sites on iron it describes an unpleasant odor in water with iron. Guess what the odor smells like. Rotten eggs.
I'm not an idiot, however I have some concerns about you. You ask several question in your first stupid attempt at advice that I answered in my original question. I didn't come here to argue, just to get some advice which I have found useless, at least what has come from you.
You said to do some research. What would you suggest? Escrow papers? I did that. Title docs? I did that. Who originally bought the equipment? I did that. Is there a lease on the equipment? I checked on that, no.
You didn't answer my last question. Why do you think that equipment installed and connected to my house, and not leased, did not come with the purchase of the house? Or don't you have an answer?

 

[kenham456]

smell???

Ok, how did my question end up with an argument about how my water smells and not about whether I own the equipment?

 

[12345672]

kenham456,

Do you have proof that the filter equipment was purchased rather than leased?
The seller's disclosure might have been wrong.

Iron contaminated water can smell, especially if combined with bacteria, but the bacteria is probably the main source of the bad odor. Even if your main problem is iron, there may also be some sulfur and a variety of bacteria. A smell of rotten eggs is often from to sulfur bacteria, but does not mean the biggest problem is sulfur.

 

[justalayman]

who cares?

the water stinks.

One thing you should be aware of is the fact this company could not get rid of the odor. I would guess they don't know what they are doing is that is the case. If you want to blame it on iron or hydrogen sulfide, a water treatment company that knows what they are doing should have no trouble getting rid of the problem.




So, you waited a year and a half to claim your property. I believe this gets down to;

why did you let them take the equipment at all? What was said when they were removing the equipment or when you found out it was gone?

 

[kenham456]

At last two people who don't rag on me.
I do feel like a fool now about the equipment. We live in a gated security development. When the gate doesn't work we phone the number given for the gate people. If the common area needs attention, the grounds folks. If there is someone suspicious we have a number for that too. When the water has a problem we call Jim. When the tanks were taken it was by the guy who handles the water problems here, like he is part of the development. I mistakenly assumed that they would be available if needed in the future. Wrong. I understand waiting this long isn't good as it turns out. I didn't expect him to give them away though.
I have done a thorough check and the treatment equipment was purchased from Jim by the contractor as he did with the other ten houses here, and installed by Jim. Not leased or rented. I would think that my purchase of the house would include these.
Stinky water, probably hydrogen sulfide.
ken

 

[justalayman]

I'm still trying to figure out why you would let somebody take something from your house. So, next winter, when you don't need the AC anymore, if somebody came and took it you would just think; oh, they are storing it for me?

Your position sounds quite naive.

bottom line; from what you have posted, the equipment was part of the house when you bought it so again;

What was said when they were removing the equipment or when you found out it was gone?

I'm thinking "nothing" is the response.

So, you sue Jim. From what you have posted, he had no legal right to take the equipment and no right to turn it over to anybody else. The time that has passed could be problematic but your argument of accepting Jim as a "part of the development" may work for you as to explaining the delay.

 

[12345672]

I'll play devil's advocate about the ownership of the water filters. I can think of a couple situations where ownership may not have been with the previous homeowner even if they thought it was.
- if the contractor that installed them kept ownership and leased the equipment to home owners or HOA (the community). That could be why the equipment was returned to him.
- if the contractor sold them to the HOA, rather than the individual owners
- if the contractor bought them for the HOA. The HOA may own the equipment.
Is the HOA responsible for providing water to community? You wrote that you connected to the well shared with your neighbor. How was that done?

If you end up fighting about the equipment and spending money on an attorney, you want to be sure about the details.

Is Jim employed by the HOA?
Is there a company hired by the HOA?
If you end up suing people, Jim might not be the person to sue.

 

[justalayman]

through all of this, it is argued the equipment is owned by the op by this:

he company replied that my contractor originally purchased the equipment during construction of the house and my equipment was returned to him after removal from my house.

On the seller disclosure statement there is a question "is there water treatment equipment?" the contractor answered "yes" there were two boxes "leased or owned" and he checked owned

the equipment is the OP's.

the disclosure included the equipment in the sale of the house regardless where it came from. The contractor purchased the equipment and installed it in the house. He indicated the equipment was included when answering "is there water treatment equip?". He removed any possibility of it being leased when he indicated "owned" on the disclosure.

and Jim took the equipment. Even if there is somebody else involved, Jim took the equipment so he is responsible for that.

 

[kenham456]

Thanks

justalayman, thank you, that is advice I can take into consideration. I really don't want to get into a legal battle if I can avoid it. I actually like Jim and hope I can work something out with him by talking with him on the phone.
And I appreciate you not calling me an idiot. I'm pretty smart, someone actually wrote a best selling book about me some years ago, when I was younger and didn't make these kinds of mistakes. (that's why I live in a secure housing tract)
ken

 

[HomeGuru]

What is the name of your state (only U.S. law)? Washington. We bought our home in 2006. The house is on a well. The wells in our tract (30 parcels, 10 houses) contain a lot of iron and without treatment the water is yellow and smells like rotten eggs.
When we bought the house there was a water treatment system located in the garage to remove the iron. About six filter tanks. We had a continuing problem with the water and many visits from the water treatment person who adjusts the systems in all the houses in the tract. This person told me that the water treatment equipment cost $5000 to install.
After about a year and a half of no success in clearing the well water of iron the contractor closed our well and connected us to the well we now share with our neighbor. The water treatment company removed the equipment from the garage. I assumed that they would store these things in case they were needed later.
Now, after a year and a half on the new well we are seeing a return of iron problems. I contacted the company who maintains the equipment in the tract to come and check the water and bring whatever of my equipment that is necessary to correct the currect iron problem.
The company replied that my contractor originally purchased the equipment during construction of the house and my equipment was returned to him after removal from my house.
There is no indication on our deed that the equipment does not belong to us or that it is rented or leased. On the seller disclosure statement there is a question "is there water treatment equipment?" the contractor answered "yes" there were two boxes "leased or owned" and he checked owned.
What do you think?
Thank you.
Ken

**A: there is an improper disclosure issue.

 

[12345672]

What do you think?
Thank you.
Ken

**A: there is an improper disclosure issue.

This is what I think from the limited amount of information given.

kenham456,
While it may be that the equipment was stolen by Jim, the answer to 'What do you think?' is that I think there may have been improper disclosure as HomeGuru concluded. I would be interested in knowing what Jim says his reason is for returning the equipment to the purchaser of it (the contractor).