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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37016
Experience:  Texas Attorney for 30 years dealing in real estate
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My mom just closed on a house and before the movers arrived

Customer Question

Hi, my mom just closed on a house and before the movers arrived she wanted to install a gas line to the utility room. When the plumber arrived to do the work, it was descovered that gas pipes were running under a slab (an addition that was build long ago). That was against code and the city turned off the gas to the property until those lines were re-routed. This news is estimated to cost her over $5K as a new line must be run from the meter to the house-- some 94 feet away. Is there any way for her to go back to the sellers, title company, inspector to recoup this expense?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Can you provide me a bit more information? Was this prior work done by the sellers? Thanks.
Customer: replied 1 year ago.
They said the slab was there when they moved in. They remodeled the bath the slab sits on though.
Expert:  Richard replied 1 year ago.
Thanks for responding. I'm in the middle of a closing and do not have time this afternoon to address your question timely and completely. Therefore, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.
Expert:  Ray replied 1 year ago.
Hi Ray here a new expert.
Your mother can pursue a claim for this material nondisclosure under the sales contract.
She would need a local lawyer to send demand letters to the seller, the realtor, and the inspector.The realtor and inspector have errors and omission type coverage.
Once hey get the demand letters you may get partial offers of settlement from each of the parties.You can then sue the rest for any remaining damages.Often this is resolved at the demand letter stage.
She has great facts since this was not disclosed during closing on any of the disclosure forms or by the inspector and his report.
You can locate a real estate litigation lawyer here.
http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
She has four years to sue for breach of sales contract.
http://codes.lp.findlaw.com/txstatutes/BC/1/2/G/2.725
The lawyer would seek legal fess and costs here as part of settlement.
She appears to have great facts to seek such a recovery.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Here is additional reference about pursuing this and the law on disclosure.Again it appears there was not disclosure, permitting, etc.
http://www.lonestarlandlaw.com/Seller-Disclosure.html
She can file a complaint with the state real estate folks about the realtor..
http://www.agentharvest.com/blog/how-to-file-a-complaint-against-a-texas-realtor-or-real-estate-agent/
I wish her the best, ***** ***** is having to go through all of this.
Expert:  Ray replied 1 year ago.
The inspector here can be complained against using the TREC form they license them too.
ttp://www.agentharvest.com/blog/how-to-file-a-complaint-against-a-texas-realtor-or-real-estate-agent/
Complaints the Commission investigates:
real estate brokers and salespersons
real estate inspectors
approved education providers and instructors
residential service companies
timeshare plans
unlicensed activity
those 4 years old or LESS
Thanks again for the chance to help tonight.
JA will email you our chat with these references when you positive rate.Good luck with all.
Expert:  Ray replied 1 year ago.
I wanted to add that she could sue here herself in small claims if she cannot afford a lawyer.She can send these guys a demand letter with a cost of repairs and threaten small claims.She sues if they do not resolve this matter.
Here is more information about small claims.
http://www.culpepperlaw.com/jpclaims.htm
Thanks again.
Expert:  Ray replied 1 year ago.
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