Owned home just 3 weeks before first rain.Sellers agent said the seller moved from area and did not leave a number to reach them for payment of repairs. So I have to pay for repairs myself. Is this true? Is the agent responsable since they represented them in the real estate transaction ?
2007-03-18 11:15:24 · 10 answers · asked by aldef70 1 in Business & Finance ➔ Renting & Real Estate
To go after the seller, you would need to be able to prove that a) the problem was pre-existing, and b) the seller knew about it. Basically the burden of inspecting the property falls on you.
That the seller has left the area is not an acceptable excuse in itself, the title company surely knows what address they mailed the seller's settlement statement to. So its not like they vanished off the face of the earth.
I would recommend putting in writing your experience with the leak, track down the seller and send them a demand letter for the repair bill. Worse that can happen is they will say no. But if they knew of the problem and you threaten turning the matter over to your attorney, maybe they will be willing to work something out.
Regarding the liability of the real estate agent (both yours and the sellers), they are not liable unless the defect that causes the leak would be considered blatantly obvious to someone with real estate experience (i.e. huge staining on the walls, pungent smell, mold growing out in the open, etc).
2007-03-18 12:14:40 · answer #1 · answered by SndChaser 5 · 0⤊ 0⤋
You may not be totally out of luck.
First lets talk about the agent. The agent cannot be held responsible for actions of others, if they didn't know themselves. Probably can't do anything there, unless the realtor should have known, in other words the leak had to be obvious to the realtor.
Second. Did you have a professional home inspection prior to closing. If you did and the leak should have been found by any professional doing the inspection you may have recourse there.
Third. The owners can say they aren't aware of any defects in the house. But theycan only say this if it is true. There is usually a signed statement to this effect. It should say that there may be problems with the house, but they are not aware of any and it is your responsibility to have the home inspected before buying it. If the leak existed and they should have been aware of it. They cannot say that they don't know of any defects. This may be the best area to go after.
Fourth. Was the house purchased under VA or FHA. If so those lending agencies are responsible for doins an inspection and appraisle. This may also be an avenue for you to follow.
Fifth. Yes maybe the owners moved from the area but I wouldn't believe for a second that the realtor doesn't know how to get hold of them. Some of the paperwork from closing takes several weeks to clear. You know they have the address at least. The realtor works for sombody. Go to that office and talk to the owner or manager and explain your situation and see if they would help before you proceed to the "BOARD OF REALTORS" in your area.
Sixth. You should contact your board or realtors in your area to see if they can help you sort this out.
There is hope but sad to say it isn't real obvious. It sounds like it is the first time you have bought a house. It is a shame that this happens. People are willing to lie to make a few extra bucks
2007-03-18 11:53:38 · answer #2 · answered by ttpawpaw 7 · 0⤊ 0⤋
Well an agent is responsible for their acts and those of their principals. The first step is to find out if the agent had an "agency" relationship with the seller and what disclosures were made to you and what requirements of inspections were made if any. Then either discuss the issue of expense payment directly with the qualifying broker that agent works with and see if you can come to a resolution or you can contact the Real Estate Commission for a determination or you can get a legal begal to help you.
Buena Suerte
2007-03-18 11:27:31 · answer #3 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Did you have the home inspected prior to purchase? Did this leak show up on the disclosure? It is possible they did not know about the leak.
The agent telling you they can't get in touch with the seller seems pretty bogus, but if you had the opportunity to have an inspection and you chose not to, then it's on you. You will have to prove they knew about it and didn't disclose the leak.
2007-03-18 11:22:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think just about anywhere, if you didnt go for a home inspection, you effectively buy the property "As is"- which means YOU accept responsibility for damages...
Sucks to say, but you should have spent the $500 on a home inspection!
Talk to a lawyer who specializes in real estate...
2007-03-18 14:05:03 · answer #5 · answered by melaniecampbell 3 · 0⤊ 0⤋
if you got it without an inspection or waived the inspection then you certainly could have a lengthy conflict in courtroom. besides the fact that in case you have a sales contract from them that states no such circumstances exist or ever have existed it rather is as much as you to coach that the condition existed till now the sale and that they knew approximately it. greater effective bypass talk on your associates and spot in the event that they have something to tell you concerning the state of the domicile in the previous couple of years and examine to work out that cutting-edge new shape interior of sight has no longer led to the bypass of floor and or floor water to have been redirected in the direction of your sources while it replace into no longer the case till now.
2016-10-19 00:37:43 · answer #6 · answered by Erika 4 · 0⤊ 0⤋
You have a contract? Get a home inspector to verify the damage. You can sue the realtor but she'll say it is hidden damage. Find the home seller.
2007-03-18 11:18:58 · answer #7 · answered by dtwladyhawk 6 · 1⤊ 1⤋
report the agent, sue the agent its the agents job to find these things out but most are just money grubs that lie. i had something like this happen to me and the agent finally started taking care of it out of her pocket after she got sued. in civil court its up to the agent to prove her innocence and trying to play i did not know just does not work plus track down owners your self you have lots of info to start from and people buying and selling houses leave a nice trail one piece of personal info and you can track anyone except people that only use cash and fake names even then you usually give them selves away by having a sight at my space yahoo dating ect it never went to court cost my only 150 to start case the court house has packets you can fill out your self copy three times return to court house and have them served . serve them at work make it very public. most people will respond after this.
2007-03-18 11:31:15 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Once all the papers are signed and money transferred, you
are pretty much stuck...
2007-03-18 11:18:36 · answer #9 · answered by Anonymous · 1⤊ 0⤋
This means you have Not got your agreement made "Water Tight" !!!
2007-03-18 11:24:58 · answer #10 · answered by cnsone 4 · 0⤊ 0⤋