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Old 06-17-2009, 01:06 PM
 
495 posts, read 1,928,202 times
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Just wondering which company I send my complaints to in WA state?
Long story short, seller's agent said that the fireplace worked and there was no water damage and up to now the fireplace is not working and evidence of prior water damage has been found.
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Old 06-17-2009, 01:40 PM
 
Location: Illinois
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Did you have a home inspection?
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Old 06-17-2009, 03:25 PM
 
Location: Inman Park (Atlanta, GA)
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What did the Seller's Disclosure Statement state? Otherwise, it's a case of "he said, she said".
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Old 06-17-2009, 03:36 PM
 
Location: Colorado Springs, CO
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Fraud is a criminal act. You will need evidence that the Realtor KNEW the fireplace didn't work and told you it did in order to get you to buy the house. Do you think that's what happened?

You need to check your seller's property disclosure - see what it said. Then check your home inspector's report.

A note about home inspectors - most don't fully inspect fireplaces / chimneys. Generally, most will do a visual inspection only. For a more indepth inspection you'd need a chimney sweep co.

As for complaints - you could file a formal complaint with the local Board of Realtors and or the state's department of Real Estate. You will need evidence that the Realtor is guilty of a wrong doing.

Hope this helps.
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Old 06-17-2009, 03:58 PM
 
Location: Mountain Ranch, CA & El Pescadero, BCS MX.
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Your contract may also have a clause for mediation. Prior water damage that has been remediated is probably not actionable, but should have been disclosed. If the cause of the water damage has not been repaired, then you probably have something to go back to the seller on. If the water damage wasn't clearly visible, in CA anyway, the agent wouldn't be held liable for disclosure unless the seller told the agent of the situation.

I'm assuming you mean wood stove instead of fireplace, as it's hard to imagine a fireplace not working, it only has one moving part (the damper). What is the cost of repairs? I'd be willing to bet the listing agency or the seller would pay for that if asked.
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Old 06-17-2009, 04:59 PM
 
Location: Salem, OR
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WA State Licensing: Real estate is the website for real estate licensee's in WA.
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Old 06-17-2009, 10:33 PM
 
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Quote:
Originally Posted by LynnKK View Post
Did you have a home inspection?
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.

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.
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Old 06-17-2009, 10:38 PM
 
Location: Salem, OR
13,135 posts, read 29,137,160 times
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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.

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.
Based on what you wrote here, I think you'd have an uphill battle against a real estate agent. How would you expect them to know that there is water damage under two layers of linoleum? What do the seller disclosures say about these issues?
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Old 06-17-2009, 10:38 PM
 
495 posts, read 1,928,202 times
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Quote:
Originally Posted by MMichelle View Post
Fraud is a criminal act. You will need evidence that the Realtor KNEW the fireplace didn't work and told you it did in order to get you to buy the house. Do you think that's what happened?
Well, our realtor thought something was up and asked the seller's agent if the fireplace worked. Apparently her response was a curt and not too courteous "yes" and "quit asking me" so we did the stupid thing and became the "nice" people and just went with it probably because the deal was being dragged long enough and we just wanted to close and trusted them.
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Old 06-17-2009, 10:39 PM
 
495 posts, read 1,928,202 times
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Quote:
Originally Posted by Silverfall View Post
Based on what you wrote here, I think you'd have an uphill battle against a real estate agent. How would you expect them to know that there is water damage under two layers of linoleum? What do the seller disclosures say about these issues?
I'd have to check (getting in touch with my old agent). Thanks for the replies though.
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