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The agent can claim that she didn't know just as easily as you can claim that she gave bad advice. Unfortunately, without any proof either way, there is little or no case IMO. It honestly sounds like the cost of a real estate attorney for $3,400 wouldn't be worthwhile. The agent definitely gave bad advice, whether intentional or due to lack of knowledge, but you would need more than that- something in writing, an email, etc. to show the courts. At the same time, the disclosures are pretty clear about your responsibility as the seller to disclose ALL known defects of the property. Attempting to sue would cost you more money and may not produce any results, let alone cause you to be reimbursed. At this point, I think the best thing to do would be to file a complaint with the TX Real Estate Commission, who oversees real estate licenses. You can certainly contact an attorney if you have more details for an expert opinion. However, if it were me, I'd chock it up to an expensive lesson learned and be grateful that it was resolved by doing the work and you didn't end up in court.
bought house in florida sellers disclosure stated there was pool heater in "items". however, upon inspection, it was found there was no pool heater. Do I have any recourse?
bought house in florida sellers disclosure stated there was pool heater in "items". however, upon inspection, it was found there was no pool heater. Do I have any recourse?
I assume you've closed already. Pools don't usually have heaters... Pool / Spa's combinations have heaters to heat the Spa.
He made a mistake marking the disclosure. Your Inspector found no heater, if it was an issue you should have dealt with it at that time.
In Florida you have a solar heater called "The sun". Why do you want it any hotter ? You know how much it costs to heat a pool ???
You may or may not have a hard time getting at least some compensation from her or her broker for this. This type of thing is precisely why so many agents have such a bad reputation...they screw their own clients and want nothing to do with them when the information that they gave causes them a loss. The fault rests squarely on her. I know it, you know it, and I can pretty much assure you that if you take this to a court-room a jury will agree with you.
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you trusted a professional, and were lied to so she could make an easy sale. She should be shamed, disciplined, and forced to pay your damages.
Lots of "he said, she said", but something in the post caught my eye. You opted for the $20 instead of the replacement because you knew you were moving. And therefore thought you could sell the house with a faulty sewer line to some unsuspecting person/persons who would then just pay $20 extra unless and until. I practiced real estate in two states for over 28 years and it was always disclose, disclose, disclose. And if you fixed what you disclosed, attach the receipts, etc to the disclosure. It shows honesty on the part of the agents and their sellers. If I had a seller who refused to disclose some problem, like a leaky basement or sewer backups which remained, I walked because I didn't want to bear the brunt of their dishonesty. You knew that at some time, the sewer pipes would need replacing...you were noticed by your City....unfortunately it cost you $3400 and you could not "enjoy" the benefit of the replaced pipes...no more than replacing carpeting for the buyer. Oh "what a web we weave...etc., etc., etc.,).....ethics and integrity should be the hallmark of any transaction.
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