Tub Leak - Rust on Back

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scrossen

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I just moved into a new place about a month and a half ago, after the first shower my brother noticed a leak through the ceiling on the first floor coming from my master bath.

I had a plumber come in and check it out and he found rust on the back of the tub through the access panel behind the tub, he told me it needed to be replaced. I had a home inspection and this was not noted in the inspection, seems like the limitations and the contract wouldn't prevent this from being noted either. Two questions - is there any fix for this other than replacement?

Should the home inspector have caught this as a material defect? The rust is blatant, I think this is a negligent omission. I had him come take a second look, and based on his recommendation re-caulked the overflow but still noticed a leak. He did not think this should be noted in the report, and when I called him back saying that it leaked he was still adament that it should not have been noted. I don't think there is any way this info should have been left out of the report. It is evidence of a potential leak which could lead to water damage etc.

Thanks in advance, any response is appreciated.
 
I'd first like to know where the source of the leak is. Unless a hole has rusted though the tub, it should be able to be fixed. Did you notice any rust prior to the purchase of the house?

I believe home inspectors are limited in the scope of their inspection and cannot take things apart for examination. Home inspectors are a great source for determining the condition and serviceability of a structure, but there is limitations to their findings and you only get their opinion of the conditions that exist at a specific point in time, they do not warranty that any part of the building will last or preform in any manner.

Also, who hired the home inspector, you, the listing agent, your real estate agent, the seller. Point is, next time make sure you hire and pay them, real estate agents don't like to find to many problems less the house won't sell.
 
There are some inspectors that don't earn there money, but to be fair to this guy most houses don't have an panel and he wouldn't be looking for one and the home owner probibly did his best to cover it up as you would have seen the water damage down stairs yourself. I think your fight is with the seller in this case.
 
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