Here's the deal: My husband and I rehabbed a house in the spring and sold it to a cop. Well, about a month ago, she called our home (which I find very invasive since we never gave her our number) and told us that we needed to repair all the plumbing since it was now shot, even though her prior inspection approved it. Now, she is a cop and said that since we didn't have permits, if we didn't pay her she would report us to the city, which would cause us to have a flag by our name for future rehabs. She also threatened a lawyer. In the end, after we considered legal, we just payed her the money only after she verbally promised that she would not call us again. Well, of course, today she called and left a message saying that she needed to talk to us. My husband and I are consulting a lawyer on Monday and not calling her back until then. Plus, I recordered her message from my machine just in case. Now, my main question, is this extortion? Any advice would be helpful.
2007-12-08 10:10:36 · 9 answers · asked by jscarlett8 2 in Politics & Government ➔ Law Enforcement & Police
You should not have paid her any money. Don't let her occupation intimidate you. In Florida you are under a legal obligation to disclose any known defects to a potential buyer. She would have more of a legal claim against whoever she paid to inspect the house than against you. You don't need to pay a lawyer to tell her to go fly a kite. If your telephone number is not listed and she got it by virtue of her job, you should report her to the Chief of Police. If you used a Real Estate agent, she should be dealing with him.
In any case you are under no legal obligation to talk to her or pay for anything else her inspection missed.
2007-12-08 10:15:11 · answer #1 · answered by lcmcpa 7 · 4⤊ 0⤋
No, you do not have any obligations. The house passed inspection and the ownership was transferred. If anything, the inspection company should explain why they missed that, but even they'd tell you they can only inspect what is visible, and not what is inside the pipes...
That is, as long as you did not sign anything stating otherwise. My new house passed the inspection and supposedly was handed down to me in "good faith" certifying that everything was OK. One month later I have to syphon the main line because it was so clogged that the basement flooded. Over $400 in repairs. Could not even bring in the former owner...
Don't let another stupid copper harass you. Report her for unethical conduct, put it in writing! The lawyer may even be able to get you the money you paid her back...
Whatever you choose to do, even if you choose not to get your money back from her, DON'T LET ONE MORE COP GET AWAY WITH ABUSE OF AUTHORITY WITHOUT REPORTING IT
2007-12-08 18:28:48 · answer #2 · answered by TURANDOT 6 · 0⤊ 0⤋
I don't know that it would fall under extortion, but it certainly is unethical. Go and look up the sale papers, did you agree to a one year warranty on anything in the house? Of course not, or you'd have known about it, it comes out of your profit on the house!
Send her a letter (don't call) saying that you've done all you are going to do on this house, and it is her house now and she needs to deal with it. You have no expressed warranty on anything in the house, and wish to have no further telephone communication with her. Let her know that any further communication should be in writing so that you might bring full evidence to court.
2007-12-08 18:21:44 · answer #3 · answered by Lisbeth 3 · 0⤊ 0⤋
No home sales are strictly buyer beware....the only time a seller is accountable is if they took steps to conceal problems or knew about problems and did not make the information available....the fact that they had a home inspection done is another thing on your side...I would recommend contacting a lawyer, he can send them a letter telling them to not contact you anymore
2007-12-08 18:18:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you sold the house, and she had the house inspected before signing the papers, then she loses. She is harrassing you now, and for that she should be turned in. What she is doing is against the law.
2007-12-08 18:19:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Did you agree to some kind of warranty in writing when you sold the house? If not, then YES, you are being extorted. You need to see your attorney today.
2007-12-08 18:26:38 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Listen to the others - and, stick with what your attorney says now.
Don't give her anything else. And, if she contacts you, tell her to direct any correspondence TO/THRU your attorney.
2007-12-08 18:44:05 · answer #7 · answered by MisterShipWreck 5 · 0⤊ 0⤋
if everything was ok'ed before the house was purchased, u dont owe her anything. she can call all she want but screw her. also dont pay her anything else, cause thats not your problem.
2007-12-08 21:16:45 · answer #8 · answered by BC21 3 · 0⤊ 0⤋
No, file charges against her for harassment. she has overstepped her bounds and can and may well be fired for it. Report her today!
2007-12-08 18:13:53 · answer #9 · answered by GoGo Girls 7 · 1⤊ 0⤋