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The design of this heater has not changed for a long time so it is hard to tell just by looking at it if it is 12 years old or 50 years old. Our agent told us this as well as the inspector. So it was not an obvious thing that it was old.
As far as in the future, we have always just used the inspector that our agent has. When you move into the area, how do you know if they are good and bad and how do you really have a choice but use the one they suggest? How would you agents handle this? What realtor is going to say his inspector is not that great?
What other organizations should we contact in addition to the real estate commission? I understand it will not help us financially but I feel the seller should be held accountable for this in some way. It seems the code of ethics was violated.
Thanks to all who provided helpful suggestions.
Well there is Code of Ethics which is the REALTOR requirements so complaints would go to the local REALTOR board if the real estate agent is a member. Then there are state licensing laws. Those complaints go to the real estate commissions of the state.
I'm not hearing that your inspector did anything wrong. They aren't gods and they don't see inside walls. If there hadn't been any rain, unless there is water staining or effervescence on the basement walls, it is hard to know how often it gets water, if at all. If there weren't any tags on the furnace they can only give you their best guess. I've seen 10 year old furnaces that had to be replaced because they were installed so poorly. I had a furnace that finally died around age 30. Age of the furnace guarantees nothing.
At least in Oregon, complaints with the REALTOR board and the Real Estate Agency will get you no compensation. Based on what you wrote here, I'd guess the agent would get either no consequence or maybe a reprimand with a requirement to take a disclosure class...if you have more proof. You would still get nothing except the bills to correct the problems with the house.
Your first course of action should be to do what MAM said. Spend the $300 and buy an hour of attorney time for a consult. They will tell you if you have enough evidence for litigation. I think you have an uphill battle because by taking that credit for the repair you were acknowledging in the contract that the HVAC was defective. You agreed it was defective. If the agent has a contractor and quote that says it is a $200 fix, then I'm not seeing anything good for you coming from that.
Why don't you have your buyer agent call the listing agent and find out what contractor said it was a simple fix. Maybe the listing agents contractor is better than the one you called and it really can be fixed for cheap. Just because your contractor told you and the listing agent it needed to be replaced it doesn't mean he is the ethical contractor.
True story...we have low clearance garage doors in our 1960's home that didn't have garage door openers. This is Oregon and it rains. We wanted garage door openers. Two garage door contractors told us we had to get new doors which would cost about $3000. The third contractor said he could do it and let us keep our wood doors. $800 later and about 8 hours of work on his part, he installed two low clearance garage door openers in our garage for us. It was a tough job for a myriad of reasons. Work like a champ. So...who is the ethical contractor? The two that said we needed new doors or the one that said he could fix it?
Are you prepared to prove that your contractor is more ethical than the listing agent's contractor?
Never, ever use any inspector or appraiser who is part the sales food chain.
I hope you do stand up for yourself, and other buyers, by complaining to your local enforcement agency. Don't let anyone discourage you from standing up for your legal rights. Everyone benefits when we stand together again shoddy work.
Appraisers for bank loans are assigned by a central appraisal system...the lender or the realtor have no say in who does the appraisal.
I recommend inspectors I have worked with and trust to do a good job. It does me no good to recommend someone that misses problems. The sale could be delayed/cancelled at the last minute, or the buyer could end up unhappy and blame me which could at a minimum eliminate referrals and worse yet end up in a lawsuit. Either way, it's a lose/lose for the agent. If the inspector isn't great, there are 10 more just waiting for the job that I would rather recommend.
Free advice is often worth what you pay for it.....nothing. You are out here thinking you have been screwed by many in the deal and shopping for answers you like.
Hire a professional real estate attorney, present your case/facts, get their opinion, pay them, then decide where to go verus "shop for free answers you like" out here.
Never, ever use any inspector or appraiser who is part the sales food chain.
I hope you do stand up for yourself, and other buyers, by complaining to your local enforcement agency. Don't let anyone discourage you from standing up for your legal rights. Everyone benefits when we stand together again shoddy work.
Silence is acceptance!
I completely agree. I knew this advice, yet used a home inspector recommended by my agent when I bought my current house last year. I was in a rush, trusted the agent and didn't want to take the time to find my own inspector. While the inspector didn't overtly *hide* or miss anything, I do feel he did not stress enough the serious risk of basement flooding. There had obviously been previous water damage, and both the finished AND unfinished parts of the basement were carpeted. I mean, who spends money to carpet the unfinished part? The basement has a sump pump and battery backup, but he recommended getting a completely redundant system...."just in case". Now that I know how much water comes into the sump pump (constant) and how often that sump pump is running (every few minutes), I think I know why...if I lose power for anything more than a few hours, this place is the Johnstown Flood. I didn't really have a good understanding of sump pumps as I've never had a basement with a water problem, but I wish he had given me a more detailed explanation and warning about what I was getting myself into. I feel that he minimized, or didn't really explain, the reality of the situation because he didn't want to jeopardize future referrals from my agent.
Is the glass half full or half empty? Well the answer depends on my if my job is to fill or empty the glass.
Most people that are part of a real estate transaction and will make them money (seller, sellers agent, buyers agent..yes them also) want the sale to go smooth. Why would they use or suggest an inspector that could screw the deal up?
I completely agree. I knew this advice, yet used a home inspector recommended by my agent when I bought my current house last year. I was in a rush, trusted the agent and didn't want to take the time to find my own inspector. While the inspector didn't overtly *hide* or miss anything, I do feel he did not stress enough the serious risk of basement flooding. There had obviously been previous water damage, and both the finished AND unfinished parts of the basement were carpeted. I mean, who spends money to carpet the unfinished part? The basement has a sump pump and battery backup, but he recommended getting a completely redundant system...."just in case". Now that I know how much water comes into the sump pump (constant) and how often that sump pump is running (every few minutes), I think I know why...if I lose power for anything more than a few hours, this place is the Johnstown Flood. I didn't really have a good understanding of sump pumps as I've never had a basement with a water problem, but I wish he had given me a more detailed explanation and warning about what I was getting myself into. I feel that he minimized, or didn't really explain, the reality of the situation because he didn't want to jeopardize future referrals from my agent.
Thank you for sharing and I am sorry for your water issues. If the inspector had provided a detailed explanation, the sales person's commission, and future referals from that sales person, could have been in jeopardy. In my opinion, the industry will not improve until commission based sales are removed from the food chain.
As Accufitgolf said, why would they use or suggest an inspector that could screw the deal up? And...look for the smoking gun - so very true.
The last house I sold was done without a sales person involved which saved both the buyer and myself a lot of money and headaches and it went quickly and smoothly.
Hopefully, the OP will seek local legal real estate advice and keep us posted. We all learn from sharing.
Thank you for sharing and I am sorry for your water issues. If the inspector had provided a detailed explanation, the sales person's commission, and future referals from that sales person, could have been in jeopardy. In my opinion, the industry will not improve until commission based sales are removed from the food chain.
As Accufitgolf said, why would they use or suggest an inspector that could screw the deal up? And...look for the smoking gun - so very true.
This is simply not true.
As a buyer's agent, there's no incentive to avoid a tough inspector.
Find the hidden flaws, present a list of them to the seller, and negotiate a discount if appropriate, or walk away and find another house if you find something really bad.
No big deal.
No "commission in jeopardy" - the buyer STILL needs a house, even if it isn't that house.
Just wanted to come back and respond. We had hired an attorney when I started this thread. We have finally settled and received some monetary amount from the sellers. I am currently in the process of trying to file a claim. I have talked with someone at the board of realtors since the listing agent violated the code of ethics. I am wondering if I should be filing a claim with theme as well as the real estate licensing board or not? Which agency should I be filing my claim with? I need to get this done asap.
Oh and we had to use the inspector that our agent recommended. It was a company move and we were required to use one of two real estate companies, I believe, and then we had to use the inspector that our "approved" agent recommended to get our inspection and all the real estate transaction costs paid for by the company. So, we were kind of screwed from the beginning.
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