We purchased a home in costal MS through a reputable realtor. Our realtor did a close inspection of the property and seen no major defects. Due to the lack of home inspectors and the length of time involved to have one come out we opted not to have one done since our mortgage would time out first.
Here are the issues we have found :
-vents in the LR, DR & kitchen are not connected to heat & A/C
-Bathroom floods badly
-heat pump is supposed to be 8 months old and is much older and need new blower motor
Cost of all repairs is almost $13,000 (2 bids) the BR being the worst the slab need elevated or the yard needs completely re-graded.
Disclosure mentioned none of these says no defects AC new all SQ footage is heat & cooled. The sellers daughter was at closing & later mentioned the BR flooding then called us and mentioned it again. They need us to sign FEMA papers for them and we have refused until this is resloved.
We have tried to resolve this nicely and they refuse.
2007-01-02 06:19:19 · 13 answers · asked by tarheelgirl918 3 in Politics & Government ➔ Law & Ethics
It is probably real estate fraud or just plain fraud. A seller has a duty to disclose known defects if he/she is asked. No one can tell you whether you should pursue it. This is the time to spend $150 on an atty and get advice. Ask the atty: How long will it take to pursue it? How much will it cost to pursue it? Can you recover your atty fees and court costs? (often yes, but differences in each state). You really need a consultation with a local attorney.
2007-01-02 06:28:35 · answer #1 · answered by David M 7 · 1⤊ 0⤋
First of all I don't know what lender will finance a house without having a qualified inspector going to inspect the property.
It's also not the realtors job to make sure the house was in good shape.
You have a very hard case there and you may end up loosing some $$. Because if you signed the papers it means that you were content with the property.
Anyway, talk to an attorney so that they can give you good advise.
Also in the future never close a deal without seeing an inspection report.
I did the same mistake once and My bedroom would flood every single rainy day. The insurance always said that the water came from the ground and they never covered that. I had to pay a certifed inspector $200 to get a real inspection.He found a defect in the stucco....insurance ended up paying for all the repairs :)
2007-01-02 06:35:12 · answer #2 · answered by Mz Bee 3 · 0⤊ 0⤋
Buyer Beware. It is up to you, the buyer, to make the necessary inspections to a home. Unless otherwise noted in your contract a home purchase is "as is"... it assumes you've done your due dilligence in researching the home and protecting yourself. That said, it does sound like there are some issues which should have been noted... do you have any paperwork that states the heat pump was 8 months old and any that states its actual age? If so, that is fraud. Same with the flooding... what does it say on the original paperwork? That is something that should have been disclosed by the seller. Same with the A/C connections... it isn't the fault of the realtor but that information should have been disclosed prior to purchase. Since you didn't have an inspection though, you may have a tough time with this. Get a lawyer, it sounds as if you might have a leg to stand on!
DropZone: A realtor typically represents the SELLER not the buyer. If the buyer wants someone to represent them, they need to sign a buyer-broker contract.
2007-01-02 06:39:04 · answer #3 · answered by Goose&Tonic 6 · 0⤊ 0⤋
First point - if your realator allowed you to close without a home inspection - then they were not reputable. They should have insisted to protect YOU - thier client.
Second point - holding the FEMA paper will only buy you time and can be reported to FEMA - which they will waive the requirement to have the paper signed, or they will contact you to find out why you refuse to sign. Either way this does nothing to get your property fixed.
Third point - did you get a HOME WARRANTY? Most sellers have to pay for a one-year home warranty to prevent problems like this. If you do - make a claim against the warranty company NOW.
Fourth point - get a real estate attorney and start documenting everything - letters, phone calls, e-mails. The more info you have the better.
From what you say, it sounds like the seller knew way more than they told you about the house and all its problems, but that doesn't relieve you of the responsibility to check it out for yourself. There could be some fraud, but you waived the home inspection. Hope this helps...
2007-01-02 06:38:46 · answer #4 · answered by Drop Zone 2 · 0⤊ 0⤋
OK.... you have this problem now because you did not get a certified inspector - you relied on your realtor. Please go and get professional help now and find out what the laws are in your area. A good real estate attorney should be able to advise you and a consultation fee should be none or a very small amount
2007-01-02 06:25:41 · answer #5 · answered by Topez 6 · 0⤊ 0⤋
i don't know all the legalities in that kind of deal, i do however keep an attorney on retainer because i have a nature that requires it...in that case, i'd take it all to my attorney and tell him i want their heads on platters and their children conscripted to eternal servitude, he would then come up with something a little more 21st century, but in my favor.
(whether or not you have all the rights, get an attorney and sue the holy doggy do-do out of them) and learn from this...make no purchase in haste, ALWAYS get any prospective reality inspected by an inspector of YOUR choosing and one that YOU pay...
My wife bought a car a couple of years ago and the deal was rushed and done badly by the dealer, and we managed to get the debt removed from our credit rating and sue the dealer for several thousand in the process...you do have a right to be treated fairly by the business you are dealing with...yes it is "buyer beware" but the ace up the sleeve is "if you get screwed, buyer sue."
2007-01-02 06:34:23 · answer #6 · answered by captsnuf 7 · 0⤊ 0⤋
I don't know what you signed exactly, but I just bought a house recently and in my agreement if I didn't have an actual inspector, then that would have forfeited my right to sue over things that would have been caught by the inspector. The realtor may know their stuff, but they are not trained to be inspectors.
2007-01-02 06:22:19 · answer #7 · answered by Lowa 5 · 1⤊ 0⤋
You should have never opted out of the inspection. Now you are in a mess. Consult with an attorney before you make matters worse for yourselves.
2007-01-02 06:21:45 · answer #8 · answered by kja63 7 · 1⤊ 0⤋
The potential owner is the one ultimately responsible for a home inspection before signing on the dotted line
2007-01-02 06:21:10 · answer #9 · answered by Mopar Muscle Gal 7 · 1⤊ 0⤋
continue to persue it, and dont sign papers until you have come to a conclusion as for the vents not being connected and the heat pump being older than they say, it might be your fault since you didnt have an inspector come in.. Sorry to say.
2007-01-02 06:23:02 · answer #10 · answered by terry f 2 · 0⤊ 0⤋