[AA702]

Originally Posted by WestieJeff

How did a pool auto fill cost $2200 to fix? The auto fill mechanism itself costs under $150. Did they have to remove and replace concrete to fix whatever the problem was?

I hired a RE attorney once. Cost me $800 upfront to write the initial letter with "additional correspondence" to be extra. I had a seller who didn't want to sell me a property back when prices were going up. The attorney said if we actually had to go to court it would cost 10-15k+ in her fees. She said we basically hope to settle with the letter.

In the end I paid $1200 in "letter and correspondence" costs. The seller ended up finally agreeing to sell the property, but refused to pay the $1200 in legal fees. My option at that point was to front 10k+ to actually take him to court, hope I win, and then hope I can collect or do what I did, which was agree to settle and pay $1200 out of my own pocket.

My point being, do small claims if at all possible.

For $2200 the problem was probably not the autofill mech itself but the pipe that goes under the concrete has a busted or it was the joint to the autofill itself. Ive seen many of these problems over the years and its usually bad workmanship by the pool builder.

[lvoc]

Originally Posted by observer53

The problem I would see with going to small claims on this is that there may actually be other defects in this house that haven't turned up yet, that the seller also knew about. So, I'd seek legal advice from someone who has at least some familiarity with real estate law... doesn't have to be a high priced specialist, but you don't need to pay someone to get up to speed, either.

There is nothing that keeps you from going back to small claim court with another claim. Note these kind of claims are actually pretty unusual. Most are caught on inspection or are later covered by a home warranty. In fact water systems are about the only one where they occur. The famous one is the line to the house which is never covered by a home warranty. Under slab failures are another painful one though they may be at least partially covered.

[observer53]

Originally Posted by lvoc

There is nothing that keeps you from going back to small claim court with another claim. Note these kind of claims are actually pretty unusual. Most are caught on inspection or are later covered by a home warranty. In fact water systems are about the only one where they occur. The famous one is the line to the house which is never covered by a home warranty. Under slab failures are another painful one though they may be at least partially covered.

Good point, thank you. Brain not on enough coffee this AM.

[grey1988]

It is the pipe under the auto fill. Cost 1100 to fix because they have to break the concrete. The another 1100 to redo the whole spray deck. After speaking to a few attorneys I will take the 1100.00. Small claims court means I can win but not necessarily collect. I have been in the house for a month now and there are no other major issues. House is 7 years old built by a decent America west homes.. As long as auto fill is off there is no leak. Thanks for all your help and replies. Haven't received the money yet so I will still read responses as I can still back out.

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[grey1988]

Also if anyone knows a good company that is cheaper to help me with this I would appreciate it. It sucks that all the pool deck companies will not just spray the repaired section. Probably a 2'x2' square and force me to re spray the complete deck.

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[ScoopLV]

If you can still back out, then you have them over a barrel. "Pay this or I cancel." And that's exactly how I would word it. No need for attorneys or small claims. "Pay this, or I cancel" is all you need in this situation. If saving the deal is important to them, they'll pay the 1,100 or 2,200 to make that happen. I certainly would.

Just be willing to follow through with backing out. Otherwise, they have you over the barrel.

[MadManofBethesda]

Originally Posted by ScoopLV

If you can still back out, then you have them over a barrel. "Pay this or I cancel." And that's exactly how I would word it. No need for attorneys or small claims. "Pay this, or I cancel" is all you need in this situation. If saving the deal is important to them, they'll pay the 1,100 or 2,200 to make that happen. I certainly would.

Just be willing to follow through with backing out. Otherwise, they have you over the barrel.

They can sue (or threaten to sue), but they can't simply "back out."

They've already closed.

[nfapps]

Originally Posted by ScoopLV

If you can still back out, then you have them over a barrel. "Pay this or I cancel." And that's exactly how I would word it. No need for attorneys or small claims. "Pay this, or I cancel" is all you need in this situation. If saving the deal is important to them, they'll pay the 1,100 or 2,200 to make that happen. I certainly would.

Just be willing to follow through with backing out. Otherwise, they have you over the barrel.

IMO, this is bad advise in this market anyway unless you really didn't want the property and are really willing to start over searching for property again. Inventory is so low in Southern Highlands, you may have a tough time finding anything else. Since you already closed, and you probably got a great deal on the property anyway, go after the half (or the full amount) and get the upgraded home warranty in case something else comes up.

You asked for opinions, here is mine. Houses need maintenance, other things will come up in the future and may not be the fault of the previous owners. They can be frustrating, sometimes they are easy to fix but they always come up. This does sound like it should have been disclosed, or discovered by the inspector so go after it, it sounds like you are already pretty close. If they want the agreement that you accept all unknowing risks and you are fairly confident the house is solid otherwise tell them you will add this to the agreement if they pay the full amount as you have reason to believe they should have been aware of this and disclosed it to you during the transaction. If they are willing to pay (even half if you ask me) you will be better off than trying to pursue with lawyers, etc. (It could have been much worse if the leak was inside the house.)

I wish you the best, don't let these types of frustrations keep you from enjoying your new home!

[okaythen01]

Originally Posted by eventusstultorummagister

Nevada has some of the strongest disclosure laws in the country concerning real estate sales. NRS 116.4103

If a seller fails to notify the purchaser of serious defects affecting the quality of the property, the purchaser has a number of options...

Cancel the purchase of the property without being penalized
Receive a full return of their deposit
Recover any legal fees spent
Recover money spent on repairs

What disclosures ain't required by law to disclose in NV? I think accidental death, murder, spiritual? anything else?