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I'd say based on the OP side someone other than the OP is responsible here. Assuming 100% accuracy, and this is not legal advice, but what I'd do if were the buyer in the situation.
This is one of 3 things.
1-Buyer agent and/or attorney lied and seller never agreed. They are on the hook.
2-Seller agreed and signed but didn't complete the repairs. Seller is on the hook.
3-Seller never agreed and buyer has nothing in writing from anyone on anything. Buyer is probably out of luck because they have no proof.
If I had something from the agent and attorney in writing that the seller had agreed to repairs I would first tell the agent and attorney that they get it resolved and I don't care if them or seller pays for it. If that doesn't work I then threaten to go the RE commission on "my" buyers agent and the Bar Association on the attorney. If that doesn't work and the work falls under 10k I take "my" agent, "my" attorney, and the seller to magistrates court. If it's over I hire an attorney to rep me in court and go for damages plus legal fees if permissible. In addition I'd turn the attorney into the Bar association because they don't like attorneys being non-responsive and I'd turn the buyer agent into the REC because their job is to protect the public from being harmed by an agent.
The only one I can't see any fault in at all is probably the listing agent.
I'd have to say this was a pretty crappy attorney if s/he didn't make sure the required repairs were added to the contract as an addendum and signed off on by both parties. Who does that?
It is pretty clear from the post that the OP is a first time home buyer. This group of home buyers is very dependent on the professionals that they hire for guidance through the process. They don't know what to ask, which is why they hire a professional. The OP just hired the wrong agent. I think you all are being a bit harsh on the OP for failing to protect himself.
OP, you should call the managing broker for your real estate agent. Discuss the situation with them. Tell them you'd like to file a claim against their E&O insurance to reimburse you for the repairs.
I don't live in an attorney state (where we use attorneys for normal real estate transactions) and attorneys have different roles in different states. You can file a claim with the state bar against your attorney as well if you feel that attorney acted unethically.
I don't understand how your agent/attorney told you that a text, email or letter was adequate. That isn't mutual agreement. If the seller didn't sign a document agreeing to do the repair, then there was no agreement to do the repair.
Wish i could rep you for this but have to "spread it around."
According to my attorney, he said they agreed to fix the issues. I've asked for the agreement or any documentation/correspondence but he has on file but he has not responded to my email (I've sent six) or voice mails and I've been told he is out of town. He has not contacted me since 1/7 but his assistant just responded once via email that the attorney is out of town and the seller is stating it's my problem now.
I think I would be inclined to inform the attorney, in writing, politely, that this is not an acceptable answer and that you will be investigating the possibility of filing an ethical complaint against him if he does not respond to your inquiries by a certain date.
If it is a contingency sale and they didn't meet the contingencies, the validity of the purchase could be contested. I'm sorry you are going through this and not being able to enjoy your new home.
Thank you everyone. I appreciate all your support and suggestions. I will keep you updated if the attorney finally responds to me. This is what is frustrating me the most. I paid him to help me buy a home the right way legally and while I've learned a lot and what to do better next time to protect myself, I don't feel he did his job that I paid him to do and now that he's been paid, he is not responding because he knows he dropped the ball somewhere. Thanks again.
Sorry, but first time home buyer or not, they are still adults. It's common sense to get everything in writing and do follow up inspection. The OP never said that their lawyer told them in writing that these issues were fixed.
It never ceases to amaze me that people will drop hundreds of thousands of dollars on something and not even do the basic due diligence.
If it is a contingency sale and they didn't meet the contingencies, the validity of the purchase could be contested. I'm sorry you are going through this and not being able to enjoy your new home.
Thank you. I hope to enjoy it at some point. I've spent little time there since I can't do laundry, use the bathroom or shower. But the Village, plumbing company, and air conditioning company (the air conditioner has to be moved outside so they can do the work and the charge is $750.00) are coming tomorrow to start (were waiting on the permits). I have a nice big electric fireplace I picked out before moving in that I was so excited about so as soon as this is taken care of, I'm going to have it installed and I'm going to sit there and enjoy a nice bottle of wine.
I just want to get the word out there so others can learn from me. There are so many new homebuyers out there who are not well informed and trust their agents and attorneys. Some don't have internet access to research like my elderly parents who moved from the city and bought a home years ago. They were lucky and nothing went wrong so I'm happy about that.
I want others to learn from me so they don't have this happen to them. Always take the inspector back for the final walk through. Get every little thing in writing from your attorney even if he tells you he's busy/out of town/he's taking care of everything/he/they are working on issues, etc. Never ever do your final walk through right before your closing. Take your time even if you have to spend a full day there checking everything you need to......I had 15 minutes. My closing date was changed twice because of mishaps with the seller and title company so everything was rushed because I had movers coming the next morning (already paid deposit).
Some agents just want to land the deal even if they know something is wrong and they don't point it out to you because they want their commission - not all agents. I know many excellent and honest agents.....I just picked the wrong one.
I think I would be inclined to inform the attorney, in writing, politely, that this is not an acceptable answer and that you will be investigating the possibility of filing an ethical complaint against him if he does not respond to your inquiries by a certain date.
Agreed! I would send a certified letter to the attorney with a signature receipt. I personally think your attorney is liable which means you would need to put in a claim with their E & O (Errors and Omissions) insurance for damages. I think a certified letter explaining your intentions if not resolved soon might get his attention!
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