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Answers (13)
- Reema Sharma, "ReemaSharma"
- Contributions:927
Contact attorney
- Kelly Erickson, "Kelly M. Erickson"
- Contributions:32
Wendora,
Is your home insurance provider involved in the repair? I'm aware that the insurance companies then turn and seek damages in your behalf as well or will work along with your selected litigation attorney to get things done.
Construction defect attorneys are great for this sort of thing because they have the contractor contacts needed.
.....because in my previous life I worked with this incredible construction defect attorney out of NC who is in the law books over the stucco cases but also handled this type of litigation.
I do not recommend contacting your agent before an attorney. Those pictures will be needed! I'm so sorry you have to deal with this!
Is your home insurance provider involved in the repair? I'm aware that the insurance companies then turn and seek damages in your behalf as well or will work along with your selected litigation attorney to get things done.
Construction defect attorneys are great for this sort of thing because they have the contractor contacts needed.
.....because in my previous life I worked with this incredible construction defect attorney out of NC who is in the law books over the stucco cases but also handled this type of litigation.
I do not recommend contacting your agent before an attorney. Those pictures will be needed! I'm so sorry you have to deal with this!
- Mack McCoy
- Contributions:1117
Wendora, I do hope you take things in sequence!
After 17 years in the business, I've learned that we want to protect the house ASAP. If water is getting in, let's stop it NOW.
I've also learned that an attorney is the best guide for advising you of your rights and recourse.
And I've also learned that when you start talking about hating the things you should love - your house, your Zillow advisors - you're doing a little transference, and it's like a sore throat: better to take zinc tablets now then let it turn into Adele-type surgery.
All the best,
After 17 years in the business, I've learned that we want to protect the house ASAP. If water is getting in, let's stop it NOW.
I've also learned that an attorney is the best guide for advising you of your rights and recourse.
And I've also learned that when you start talking about hating the things you should love - your house, your Zillow advisors - you're doing a little transference, and it's like a sore throat: better to take zinc tablets now then let it turn into Adele-type surgery.
All the best,
- James Y. Kuang, "jkuang626"
- Contributions:29
A seller is required to disclose only what they know about. If the seller did know about it and didn't disclose it, then yes they should be responsible. If they didn't know, then they aren't responsible.
What the seller wasn't aware of is what the home inspector is there for.
What the seller wasn't aware of is what the home inspector is there for.
- ConnieK_Oklahoma
- Contributions:2899
oh wow...that is a horrible story.
If you don't mind...come back to the thread and update it as things progress. If nothing else, i would think that other consumers will benefit from your experience.
If you don't mind...come back to the thread and update it as things progress. If nothing else, i would think that other consumers will benefit from your experience.
- sunnyview
- Contributions:25139
You are not crazy. I think what you describe would upset most people. Getting on the right track will help put this behind you and allow you to enjoy your home.
My first as is house had a million issues. Newly married, I wanted everything to be "right". The unplanned repair that comes to mind is when the flat roof in the mudroom catastrophically failed due to a bad piece of flashing. A waterfall cascaded through the beadboard ceiling onto the wood floor below and it looked like Hawaii in my front room. I was overwhelmed and short on buckets to boot.
Now that time has passed, some of those needed repairs were so ridiculous that now they are funny. However, I can tell you that it was not funny until I got it fixed and knew that everything was ok. Hang in there and you will get back to ok again. :)
My first as is house had a million issues. Newly married, I wanted everything to be "right". The unplanned repair that comes to mind is when the flat roof in the mudroom catastrophically failed due to a bad piece of flashing. A waterfall cascaded through the beadboard ceiling onto the wood floor below and it looked like Hawaii in my front room. I was overwhelmed and short on buckets to boot.
Now that time has passed, some of those needed repairs were so ridiculous that now they are funny. However, I can tell you that it was not funny until I got it fixed and knew that everything was ok. Hang in there and you will get back to ok again. :)
- Wendora15
- Contributions:2
Thanks everyone! I feel better already. Just knowing there are some options and I'm not totally crazy to be upset by this is helpful to say the least. I thought with the inspector missing the damage completely, we were just out of luck. Maybe we're not. The inspector did mention that we should clean the rain gutters, being in a highly-wooded area approaching the end of Autumn, and we decided not to put that request to the seller because it seemed an inexpensive and relatively easy thing, which we'd be doing every Autumn from now on anyway. We scheduled a professional cleaning for about a week after we had access to the house. Not even the rain gutter professional knew what he was in for when he came to give the estimate. He said the gutters were pretty full, but noted nothing unusual. Now, he uses the pictures as horrific examples on Angie's list. It just wasn't that obvious. Neither he, nor the inspector could tell there was 200-300 lbs. of actual living growing plant life in the gutters and drains, the subsequent signs of flooding (floor, wall, window damage), and worst of all, a buckled support beam caused by all this. The proof that the seller was aware of the situation is the fact that he attempted a quick fix by putting some sort of tar-like substance around the window where the water was entering instead of addressing the problem at it's source. He also would have been aware of the fact that he had not hired anyone to clean the gutters, nor cleaned them himself, for the past five to six years. I have no reason to believe his agent knew about any of this. There was a large piece of gym equipment blocking the buckled beam during our buying process. Anyway, I'll contact my agent first thing tomorrow and see what she thinks. Oh, and therapy session number one is scheduled for Wednesday Mack.
- sunnyview
- Contributions:25139
Your feelings of frustration are completely understandable especially on your first home. At this point, it is about damage control both financially and emotionally. Your agent may have good suggestions, but you need to get legal advice too so ask them who they would call in this situation. A local real estate attorney is probably in order. Get all of your inspections/contract together and explain the situation. Most will do a first consultation for a reduced fee and it is well worth it.
It is not a bad house, it just has issues to remedy that you did not know about. As a homeowner, repairs are part of life and you have to remember why you picked that house. There are good things about it or you would not have chosen it, but you have to get a direction on how the undisclosed items can be repaired. Then, you can have the work done and relax. Repairs especially unplanned ones are stressful, but things will get better.
It is not a bad house, it just has issues to remedy that you did not know about. As a homeowner, repairs are part of life and you have to remember why you picked that house. There are good things about it or you would not have chosen it, but you have to get a direction on how the undisclosed items can be repaired. Then, you can have the work done and relax. Repairs especially unplanned ones are stressful, but things will get better.
- Alison Rosenow, "American Realty"
- Contributions:34
I agree with the above, definitely get an attorney specializing in real estate law. The sooner the better, some states have a certain time frame that a buyer can bring a suit together after the purchase date of the property. Sorry to hear about your frustrations, that's terrible!!
- Thomas Trifon
- Contributions:49
If the facts are as you described, your first phone call should be to your attorney. If the sellers knowing misrepresented the facts (and you know this how?), and the seller's agent knew of these material defects, and your buyer's agent was oblivious to these defects, and the inspector missed major defects that were visible, then sue them all.
That said, let your attorney guide you, and let him/her speak for you. Don't do it yourself. If I were you, and all the conditions you are true, I won't let any one of them within 100 miles of my house for fixing the problem.
Good luck.
That said, let your attorney guide you, and let him/her speak for you. Don't do it yourself. If I were you, and all the conditions you are true, I won't let any one of them within 100 miles of my house for fixing the problem.
Good luck.
- Jerry Moscowitz, "Jerry Moscowitz"
- Contributions:39
The first thing I would do is contact your Realtor and have them contact the other Realtor and their seller and let them know about the issue. I would also call the inspector and see what he says. See if anyone steps up to try and correct the issue to your satisfaction. I would then talk to a Real Estate attorney to make sure he feels that you have a solid case. Not sure if you are in a state that has arbitration like we do in Minnesota but that could have some affect on your options as well.
Good luck.
Good luck.
- Mack McCoy
- Contributions:1117
Well, the first thing I would do would be to bring in some experts to suggest solutions - and provide estimates of the cost.
The next thing I would do is contact an attorney and ask them what legal options I might have.
First - we want to keep the home from suffering further damage. Then, we want to determine what our recourse is.
Oh, and forget about hating the house. If you can't shake those feelings, it will be cheaper and more effective to give four or six sessions to a counselor than it would be to sell the house and buy another.
Best regards,
The next thing I would do is contact an attorney and ask them what legal options I might have.
First - we want to keep the home from suffering further damage. Then, we want to determine what our recourse is.
Oh, and forget about hating the house. If you can't shake those feelings, it will be cheaper and more effective to give four or six sessions to a counselor than it would be to sell the house and buy another.
Best regards,
- Elena Petrov, "kapyarets"
- Contributions:174
You can try to go after the inspector (it's surprising that he didn't find the blocked gutters) and the previous home owner (if you have copy of the disclosure). Talk to the real estate litigation attorney. Get referrals for the litigation attorney.
Seller Lied on Disclosure, Do We Have an Recourse
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