Last week we learned some history of Polybutylene (PB) pipe and its potential for unpredictable failure, but do the legal settlements and potential for failure make the Polybutylene pipe a "warranted item" under the FAR or FAR/BAR contract?

True or False? The USE of Polybutylene pipe in a home is considered a "warranted" defect, which the Seller is responsible to replace.

FALSE - As defined by both the FAR and FAR/BAR contract, the mere presence of Polybutylene pipe is NOT considered a "warranted defect", and would not be the subject to mandatory replacement . So, what is the big deal? L-I-A-B-I-L-I-T-Y, that's right good old fashion consumer protection. I personally know of at least five instances where Polybutylene has failed and resulted in water damage. I don't want to be guy who inspected the property and didn't inform the Buyers of the history of this product and their potential risk. Do you want to be the Agent who said to those new Buyers, "it's OK, all the properties / units in the neighborhood / building have the same plumbing"?

Joseph Harned at Rivard Realty of South Walton