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Old 06-17-2009, 11:43 PM
 
474 posts, read 1,200,595 times
Reputation: 139

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Quote:
Originally Posted by Silverfall View Post
WA State Licensing: Real estate is the website for real estate licensee's in WA.
Clicked on the link. I don't see anything in terms of a license lookup or discplinary action taken or how to file a complaint. Is there one?

Only reason I ask is because I was talking to a friend of mine who is an agent in Chicago and told him about my situation and he told me I should consider reporting her because a black mark on her record could save others from going through the same experience.
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Old 06-18-2009, 06:49 AM
 
Location: Louisville KY Metro area
4,807 posts, read 8,138,934 times
Reputation: 1950
OP: I would shut up on this forum. If you genuinely have a case, talking here could damage your legal position. Based on your comments, especially the "we did the silly thing"...
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Old 06-18-2009, 09:45 AM
 
Location: Olympia
958 posts, read 2,538,159 times
Reputation: 707
Redline,

It's unfortunate that you have discovered damages in your newly purchased home. I'm just curious why you're seeking redress from the seller's real estate agent and not from the seller. Both seller and agent have a responsibility to disclose issues they're aware of, yet how would the agent be aware of water stains under two layers of linoleum, or that the fireplace turns off after 20 minutes of use? It seems more reasonable to me to expect the seller to know these issues. Check the seller's disclosure statement to see if they mentioned these issues. If they did not you should approach them.
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Old 06-18-2009, 10:16 AM
 
Location: Salem, OR
10,937 posts, read 18,599,772 times
Reputation: 6865
Quote:
Originally Posted by Redline View Post
Clicked on the link. I don't see anything in terms of a license lookup or discplinary action taken or how to file a complaint. Is there one?

Only reason I ask is because I was talking to a friend of mine who is an agent in Chicago and told him about my situation and he told me I should consider reporting her because a black mark on her record could save others from going through the same experience.
You can call and ask them. Honestly it doesn't work that way. They only get a black mark on their record if you can prove they did something wrong.

So why do you think the listing agent knew there was water damage under two layers of linoleum AND why did your agent think something was up with the fireplace?
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Old 06-19-2009, 07:10 AM
 
Location: Raleigh, NC
998 posts, read 3,452,440 times
Reputation: 601
I agree that you will most likely have an uphill battle. As the other posters said, you will have to prove that the agent knowingly knew there was an issue. Home inspectors and real estate agents don't have the authority to dismantle a property to find issues. So finding water issues under 2 layers of vinyl is not something anyone would have known except for maybe the seller. And maybe the seller didn't know because when he/she bought the home, they didn't do any renovations. Don't know the scenario here and can't comment on who knew what. Need to read the property disclosure you signed. Just providing some insight. As far as the fireplace. I have replaced numerous thermocouples. They aren't expensive. I have bought new ones that don't work. Maybe the seller never uses the fireplace and turned it on and it worked, but didn't leave it on. Too many scenarios to know for sure.
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Old 06-19-2009, 11:05 AM
 
Location: Colorado Springs, CO
1,571 posts, read 3,475,330 times
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Redline, if you thought something "was up" because the listing agent answer was not polite, if that caused you to think there was a read flag - it would have been wise to hire a chimney sweep and investigate more carefully. It was an option.

Frankly, I don't know how a listing agent would know more about the fireplace than the seller.

As I've mentioned, it's not typical that a home inspector can inspect chimney flues, HVAC systems, and plumbing. Some of those trades require a license (in most areas).
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Old 06-19-2009, 11:26 AM
 
Location: Boise, ID
5,485 posts, read 10,648,307 times
Reputation: 4861
I don't think you have any sort of case for fraud. Fraud is a very serious accusation.

If the seller declared that the fireplace worked, the agent would have no reason to turn it on for 20+ minutes to have ever learned that it didn't keep working.

And if the seller didn't disclose previous water problems, the agent would have no way of knowing about that.

Not having been involved, I can't say anything for sure, but from what you have said, the agent didn't do anything wrong, not even misleading, let alone fraud.

Neither of those items are the sort of thing an inspector is likely to spot either. The only person you might have a case against is the seller (and then only if they didn't disclose these items on the property condition disclosure)
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Old 06-20-2009, 09:54 AM
 
Location: NJ
7,120 posts, read 13,659,677 times
Reputation: 3842
Quote:
Originally Posted by Redline View Post
Yup, a home inspection was done. Not quite sure how thorough it was b/c we then had a leak in our washroom and when the plumber came over and saw the plastic U-joints (I think that's what they're called) he was surprised that those passed the inspection.
This would fall under the inspector IMO.
Then, where exactly were these U joints?

Quote:
Originally Posted by Redline View Post
...we then had a leak in our washroom.... After the linoleum was peeled off the floor we found another layer of linoleum and underneath that layer we saw the previous water damage and it looked like someone tried to either repair it haphazardly or cover it up.
It's very possible the last owner had no clue. How long have they owned the house?
My thinking, if I had water damage, I would fix it. I also wouldn't put flooring over flooring, I would pull it up, lay a new subfloor then tile over it.

Last owner probably tiled over the old floor because they didn't like it, not because they saw damage.

I say this because it sounds like you removed 2 layers of tile before even finding it.

Quote:
Originally Posted by Redline View Post
The fireplace turns on but will shut off after 10-15 minutes. I had it serviced to the tune of $300 or so and the problem still exists. The repair guy thinks it needs a new thermocouple (sp?) but then I'm looking at another few hundred dollars. I thought about it but a working fireplace wouldn't really save me on heating so it would be mainly a cosmetic fix.
Agree with others that you should have had a chimney guy come to test.
With the last house we sold, the inspector turned on the AC, he also turned on the heat. He turned on the appliances, including the washer & dryer.

Did he leave things running for 20+ minutes? Doubt it.

It's also possible the owners had no clue the fireplace didn't work.
Do you know that they actually used it?
We have one in our bedroom - new home - moved in last May.
I don't recall at what point my hubby tried to use the fireplace but it didn't work.
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Old 06-22-2009, 08:46 PM
 
50 posts, read 77,351 times
Reputation: 49
Quote:
Originally Posted by Redline View Post
Yup, a home inspection was done. Not quite sure how thorough it was b/c we then had a leak in our washroom and when the plumber came over and saw the plastic U-joints (I think that's what they're called) he was surprised that those passed the inspection. After the linoleum was peeled off the floor we found another layer of linoleum and underneath that layer we saw the previous water damage and it looked like someone tried to either repair it haphazardly or cover it up.
Something is not quite adding up here for me. You had a leak in the bathroom (I am guessing in the water trap under the sink), it was fixed by a plumber but why did you rip up two layers of linoleum?

After you did rip up two layers of linoleum what exactly did the 'water damage' consist of? Is the sub floor rotted out? Did you have to replace the subfloor?

Quote:
The fireplace turns on but will shut off after 10-15 minutes. I had it serviced to the tune of $300 or so and the problem still exists. The repair guy thinks it needs a new thermocouple (sp?) but then I'm looking at another few hundred dollars. I thought about it but a working fireplace wouldn't really save me on heating so it would be mainly a cosmetic fix.
Did you get a home warranty with your home purchase? If so, this should have been covered. Forgetting about your own due diligence for the moment, as others have mentioned I find it curious that you would seek to go after the agent and not the homeowner over issued of disclosure.
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Old 06-22-2009, 09:16 PM
 
Location: Denver, CO
403 posts, read 750,166 times
Reputation: 274
I love how something goes wrong in the house and immediately the first thing to come to mind is let's slap the real estate agent with a fraud complaint. Seriously... the agent may have been rude and curt but that doesn't mean they knew about any damages. I would be more concerned with what the sellers knew or didn't know and what they did or didn't disclose. But yes.. this is where home warranties come in very handy especially if it's a simple case of " no one knew".
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