Your New House Has Bad Plumbing and a Leaky Roof: Understanding Your Legal Options as a Homebuyer

You’ve just purchased what you thought was your dream home—only to discover that dream is leaking from the ceiling and draining out through faulty plumbing. Whether it's a sagging roof, water damage, constant leaks, or clogged pipes, discovering major defects after the sale can be heartbreaking and financially overwhelming.

The good news is: you may have legal options. While buying a house often comes with a “buyer beware” warning, sellers, real estate agents, and inspectors all have duties and responsibilities during the sale process. If they failed to disclose known defects or misled you, you might be entitled to repairs, reimbursement, or even legal damages.

Here’s a step-by-step guide on how to deal with plumbing and roofing defects in a newly purchased home—and what actions you can take to protect your rights.

Step 1: Assess the Damage

First, get a clear understanding of the scope and cost of the problem.

Hire Licensed Professionals

• Have a licensed plumber inspect the plumbing system for leaks, blockages, pipe damage, or code violations.
• Hire a licensed roofer to assess the roof’s condition—look for signs of past repairs, improper installation, or general wear.

Document Everything

• Take photos and videos of leaks, water damage, stains, broken pipes, or mold.
• Save any communication with the seller or realtor that references the home’s condition.
• Request written reports from your contractors or inspectors detailing what they found and how much repairs will cost.

This documentation will be vital if you need to file a claim or lawsuit.

Step 2: Review Your Home Inspection Report

If you had a home inspection before the purchase, review the report carefully:

• Did the inspector flag the roof or plumbing as needing repairs or further evaluation?
• Were any issues downplayed or left out entirely?
• Were you advised to seek specialist opinions (e.g., from a roofer or plumber) that you didn’t follow up on?

If the inspector missed obvious signs of damage, they may be held partially liable for professional negligence.

If you did not get an inspection before purchasing, it may limit your legal options, but not necessarily eliminate them—especially if the seller intentionally concealed issues.

Step 3: Check Seller Disclosures and the Sales Contract

Most states require home sellers to disclose known issues with the property on a formal disclosure form.

• Look for any mention of plumbing or roof problems, prior repairs, water damage, or insurance claims.
• If the seller failed to disclose known defects, this may constitute fraud, negligence, or misrepresentation.

Review the sales contract as well—it may contain clauses about:

• The home's condition
• What repairs were the seller’s responsibility
• Whether the sale was “as-is” (see next step)

If you worked with a real estate agent, they too have a duty to ensure material facts are disclosed.

Step 4: Understand What “As-Is” Really Means

If you bought the home “as-is,” it typically means:

• The seller is not obligated to make repairs
• You accepted the home in its current condition

However, “as-is” does not protect sellers from liability if they knowingly concealed defects, lied about the condition, or omitted key facts.

So, even if your purchase was as-is, you might still have a valid legal claim if the seller:

• Covered up roof leaks with temporary fixes or paint
• Hid plumbing problems or shut off water during the showing
• Failed to mention previous water damage or insurance claims

Step 5: Contact the Seller

If you believe the seller knew about the defects and didn’t disclose them:

• Write a formal letter explaining the issues you’ve discovered, your repair costs, and requesting a resolution (e.g., reimbursement, shared repair costs).
• Include copies of repair estimates and inspection reports.
• Request a written response within a specific timeframe (usually 10–14 days).

Sometimes, sellers are willing to negotiate to avoid legal action, especially if they fear being sued.

Step 6: File a Claim with Your Home Warranty (If You Have One)

If you purchased a home warranty (often offered during a sale), it may cover:

• Plumbing system repairs
• Water heater issues
• Minor roofing problems (in some plans)

Review your warranty agreement carefully to understand:

• What’s covered and what’s excluded
• Coverage limits
• Claim procedures

Submit your claim promptly and keep a record of all communications and service calls.

Step 7: Consider Mediation or Small Claims Court

If the seller or agent refuses to help and the amount of money involved is within your state’s small claims court limit (usually $5,000–$10,000):

• You can file a lawsuit without an attorney.
• Bring your evidence: photos, estimates, inspections, disclosure forms, and communications.
• A judge may award you compensation if they find that the seller knowingly withheld material facts.

Alternatively, many real estate contracts include mediation or arbitration clauses, which may be a faster, less expensive way to settle the issue.

Step 8: Consult a Real Estate Attorney

If the repair costs are significant, or you believe the seller committed fraud, contact a qualified real estate attorney. They can:

• Assess whether you have a legal claim
• Write a demand letter to the seller, agent, or inspector
• File a lawsuit for fraud, negligence, or breach of contract
• Negotiate a settlement or represent you in court

If your attorney proves the seller acted intentionally or egregiously, you could be awarded additional damages or even attorney’s fees.

Step 9: Know Your Statute of Limitations

Legal deadlines apply to claims involving home sales and defects. These vary by state and type of claim:

• Fraud or misrepresentation: Usually 1–4 years from when you discovered (or should have discovered) the problem
• Breach of contract: Typically 3–6 years
• Negligent home inspection: Often 2–3 years

Consult a lawyer quickly to avoid missing your window to file.

Step 10: Take Steps to Protect Your Investment Going Forward

Even if you resolve the current issues, homeownership comes with ongoing responsibilities. Be proactive by:

• Scheduling annual roof and plumbing inspections
• Keeping records of all maintenance and repairs
• Monitoring for signs of water damage, leaks, or mold
• Maintaining good home insurance coverage

Future buyers will appreciate your diligence—and it helps you avoid repeating the same mistakes down the line.

Final Thoughts

Discovering serious plumbing or roof issues after buying a home is discouraging—but you’re not powerless. Sellers, inspectors, and agents have a duty to act in good faith, and when they don’t, you may have legal options for recourse.

Gather your evidence, explore your warranty and legal rights, and take timely action. By staying informed and proactive, you can protect your finances, restore your home’s integrity, and ensure this setback doesn’t define your homeowner experience.

Don’t Be Afraid To Get Help

If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.