Why Water-Related Disclosure Matters More Than Ever

This summer, Sellers Shield received multiple legal claims tied to water issues. That’s multiple families, sellers, and agents, suddenly pulled into stressful and expensive legal battles. Even if they disclosed accurately and completely they can still be pulled in 

As an agent, one of the most important things you can do is remind your sellers that water-related damage, no matter how small it seems, must be disclosed. Even what feels like a “minor” issue can turn into a six-figure legal claim down the road. Here are real examples from just this summer:

1. Leaks in the Kitchen

A buyer alleged the sellers failed to disclose kitchen leaks. While the details may seem minor at first glance, water intrusion in a home often signals hidden problems: mold, structural issues, or long-term deterioration. Even if your seller “fixed” the leak years ago, it still needs to be disclosed.

Takeaway for agents: When you hear “oh, we fixed that a while back,” dig deeper. Encourage your sellers to disclose anyway.

2. Major Plumbing Issues: $228,000 Demand

After moving in, buyers discovered multiple plumbing problems, including a pipe broken in three places and filled with sand. They are demanding over $228,000 from the sellers.

We’ve already covered this claim in detail in our blog. Read the full story here. 

Takeaway for agents: Plumbing and water issues are often out of sight until disaster strikes. Sellers must disclose even suspected or prior issues, not just current ones.

3. No Running Water: $76,000 Demand

In another case, buyers allege the property they purchased had no functioning water system. The pump and motor were inoperable, waterlogged, and lacked proper filtration. The buyers are asking for over $76,000 in repair costs, living expenses, and legal fees.

Takeaway for agents: If there’s anything unusual about a home’s water source: well systems, pumps, or filtration, double down on asking your sellers questions. Full disclosure protects them.

4. Pool Leaks & “Concrete Cancer” – $163,000 Demand

Just a month after closing, buyers claimed the pool had multiple leaks and serious structural issues. They are demanding $163,000 from the sellers.

The seller says she never noticed leaks and even resurfaced the pool before selling. She disclosed surface cracks and the buyers inspected the pool. Still, the buyers are moving forward with their claim.

Takeaway for agents: Even when sellers believe they’ve done their part, buyers can come back with unexpected claims. Water-related issues, especially with pools, are high risk. Issues like concrete cancer are coming up more and more in lawsuits. When in doubt, disclose in writing and encourage buyers to get thorough inspections.

The Bottom Line for Agents

Water is one of the most common sources of post-sale lawsuits. Leaks, plumbing problems, drainage issues, mold, pools—anything tied to water can spiral into huge repair costs and legal battles.

Your role is crucial:

  • Be diligent when asking sellers about past or present water issues.
  • Encourage full and accurate disclosure. Even if the issue was repaired, or seems insignificant. 
  • Remind sellers of the stakes. What feels like a “small leak” today could turn into a six-figure demand tomorrow.
  • Give your sellers FREE tools to disclose more thoroughly, like our Gold Standard Disclosure Process.
  • And… if they are unsure about something on their disclosure, make sure they purchase Home Sale Legal Protection to give them that extra peace of mind. It costs sellers less than a 1-hour legal consultation! 

With so many water-related claims in just one month, it’s clear: when in doubt, disclose.

Scott was sued for $200,000 two years after the sale of his home.

He never dreamed he would be served papers in his driveway.

real customer receiving lawsuit in drive way.

Thank you!

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