The House Detective: by Barry Stone, Certified Home Inspector
Dear Barry: I purchased my house about a year ago. At the time, the bathtub seemed to be OK, but now it is apparent that it was painted to cover rust. I also found plumbing problems under the sinks, but none of these issues was reported by my home inspector. What can I do about this? Dawn
Dear Dawn: The parties who are potentially liable are the sellers and your home inspector. Sellers are required to disclose all known defects. However, the sellers in your case may not have thought the painted tub was a defect. It might have seemed to them that this was a former defect, having been repaired with paint. Unfortunately, paint is not a permanent repair for the damaged finish on a bathtub. In most cases, chipping or peeling eventually occurs.
Home inspector liability depends on whether the problems were visible at the time of the inspection. The paint on the tub may not have been obvious at the time of the inspection.
As for the plumbing problems, seller liability depends upon whether the previous owners were aware of those issues and whether the problems even existed prior to the sale. Home inspector liability depends on whether the problems were visible and accessible at the time of the inspection. If the problems involve leakage, that may or may not have been occurring at the time. If there are installation defects, they may have been obscured by storage under the sinks, as is often the case during home inspections.
You should contact your home inspector and request a second look at these problems.