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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34884
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My son and daughter-in-law bought a house is April I think.

Customer Question

My son and daughter-in-law bought a house is April I think. It was a flipped house and major remodeling was done. At least one toilet upstairs was not seated properly and they have just discovered that it has been leaking into the flooring for a few months. There is wood damage and mold.
They have a home warranty from the home purchase, but they refuse to pay for damage caused by the mechanical problem (toilet leaking).
They are filing a home owners insurance claim as the estimate was about $4500. They have a $1000 deductible. The insurance adjust has said the insurance will only pay $1700. They are getting another estimate.
They suspect that the 2nd toilet upstairs is also leaking. The home insurance company told them that that would have to be a separate claim and if they filed 2 claims they would probably be canceled.
NONE of this is their fault. What should they do?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 3 months ago.

Good afternoon Fred,

I'm Doug, and I'm very sorry to hear of your son and daughter-in-law's situation. My goal is to provide you with excellent service today.

Home warranty's like homeowner's insurance does not cover slow leaks but only busted pipes. The fault lies with the contractor who flipped the house, and if that toilet was seated originally by the seller, then your son will have to sue the seller for negligence to collect the damages necessary to correct the problem now.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 3 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If I have already provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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