Plumbing Mistake in My Condo Unit in a New Development

[eggman2001]

I purchased a condo unit in a new development and after closing, I learned of a significant error in the installation of plumbing in my bathroom, which was completely hidden from view. I had my lawyer review the contract and per the warranty, the developer is obligated to fix it, but they are saying that it's impossible to fix. The contract further stipulates that any disagreements must be resolved by an arbitrator at the AAA.

The plumbing flaw is significant enough that it will make it very difficult for me to sell. Several people I've spoken to have told me that they wouldn't purchase a condo unit with such a plumbing flaw. I intend on pursuing monetary compensation through arbitration, but I'm wondering what the appropriate amount would be. If the unit is not sellable, should I pursue 100% of the purchase price? How can I convince an arbitrator that it's not sellable?

Any guidance here would be appreciated.

[antrc170]

You need to get three different estimates to repair the mistake. It's not going to be impossible. It may take a lot of money and time, but it can be fixed eventually.
Provide that information to the arbitrator if you plan on keeping the property.

If you plan on selling the property then you need to get a realtor to give you a home estimate with the flaw disclosed. The difference between what you paid and what you sell the property for is the amount that should be claimed as a loss.

[eggman2001]

You need to get three different estimates to repair the mistake. It's not going to be impossible. It may take a lot of money and time, but it can be fixed eventually.
Provide that information to the arbitrator if you plan on keeping the property.

If you plan on selling the property then you need to get a realtor to give you a home estimate with the flaw disclosed. The difference between what you paid and what you sell the property for is the amount that should be claimed as a loss.

I'm unable to get an accurate estimate because the plumbing is concealed and the only way to see what's going on is to tear a lot of stuff apart, as the developer is unwilling to share the architectural plans or tell me the exact nature of the flaw (even if they told me, at this point I wouldn't be able to accept it at face value). So I could theoretically get an estimate from a plumber, but it might end up costing 3 times that amount due to a lack of information.

Given that, though I don't have any immediate plans to sell the property, would I still be able to use a quote from a realtor as the basis for a claim for a loss?

[Mr. Knowitall]

The defect, in general terms, is what?

[eggman2001]

The defect, in general terms, is what?

The bathtub is installed in a way that makes it usable only as a shower and for it to be corrected, the piping underneath it has to be structurally altered (which the developer is saying cannot be done)

[antrc170]

Get three plumbers to give you an estimate including the price for tearing everything up and putting it all back together. They should still be able to give you an estimate based on tearing out the tube, re-doing the entire system, and installing everything back to normal, add a percentage to account for unexpected things and you've got an estimate.

In reality I don't see the tub only funtioning as a shower a major road block in the selling the property. I don't take baths and it wouldn't matter to me at all. So you should be able to get a realtor to price out the property and use the reduced appraisal value as your starting point.