How to Address a Leaky Window After Escrow Closes

Got this question from a friend on East Coast this week.

Q: We bought our house months ago – now one of the bedroom windows leaked in the past rain storm– seller didn’t tell us about past leaks.  And, the house was painted prior to going on the market, so there was not any evidence of water intrusion.  Since we bought in the spring, there was no way of knowing or seeing it during our property inspection.  One of the neighbors told us that it used to happen all the time to the previous owners. Do we have any recourse? What are the next steps?

A: It comes down to whether or not the seller knew that.  But, it sounds like, based on your conversation with the neighbor, they did know.  As the seller of real property, it is their responsibility to disclose to you, the buyers, any deficiencies in the property or issues that would affect the value.  In this case, if they knew the windows leaked, they should have told you. The quickest and easiest first step is to contact your Realtor.  Instead of hiring an attorney and spending money, the Realtor can simply send a letter to the seller’s Realtor explaining the situation and asking the sellers to contribute towards the costs of getting the windows replaced.  You should make it known to them what the neighbors have told you.  Chances are, the sellers don’t want to engage in legal issues and would likely want to settle this with you directly.  If not, you might want to seek legal counsel.

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