polybutylene plumbing

We purchased a 13 year old home about 20 months ago. After 6 months we experienced our first pipe leak, had it repaired, and were told by our plumber about the pb piping issue. We were also told that there was evidence of many prior repairs. Our home inspector had checked the box marked "pex" on his report with regards to the plumbing. Had he checked "polybutylene" we would have become aware of the problem then as his own report mentions the class action lawsuit. We contacted the plumbing recovery center, had one of their reps out and found out our home missed the deadline for filing by one year. What this means for us is replacing the piping with our own money. I have 2 questions--Has anyone heard of being able to recover this money from the inspector (who neglected to accurately inspect our plumbing)? And, would I be able to persuade the PRC that I should be included in the class action suit as I have evidence of previous leaks that would have fallen within the eligible time frame? (Don't even get me started on how I feel about the previous owner's knowledge of pb piping, his failure to disclose this, and the fact that his last repair was one week prior to our closing!) Many thanks to anyone who can provide any insight!
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momof3, We are not lawyers, we are plumbers. Nether of these questions deal with fixing the problem, just who should pay. If there are discloser laws in your state you might be able to do something, but I would check with a real-estate lawyer if I were you. Now if you want to replace the piping yourself we can give you more information than you want to hear about the different materials and installation methods. Might even get some arguments going to amuse you when you pipe yourself into a corner.
--
Dale
The above is the opinion of the author only and not his spouse,
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You could speak to a lawyer about litigation against the inspection co. Since they misidentified the polybute as pex you may have some recourse.
I just sold my house here in NJ and I had put polybute in it. The realtor made me include a statement in the paperwork so any potential buyer would be aware of it and could make a decision about it. They are presently having it replaced. In some states there is state aid in helping with this, you might look in to it.
Oddly enough, in nearly 20 years of using poly, I have not had one leak occur. I've had very good luck with it.
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