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I see a lot of posts trying to get more information and not many answers. At least that is what most of the agents on the thread have commented on is the need for more info. Anyway, nobody here can help you so get one of those 3 lawyers and I hope justice is served for whichever party is right.
You are the first person to even remotely admit that a buyer's agent has a responsibility to the buyer to do a certain job.
Actually I think all the regular agents on this forum strongly believe that buyer agents need to advise their clients and I have no doubt that they do. The problem with this thread is that there is a serious lack of information and no one wants to condemn you or your agent without at least a coherent time line of events.
I'm glad that you have found legal representation and hope that you get this problem resolved to your satisfaction. Post back here with progress. I think it is good for consumers to see how these issues get resolved.
Curious to this letter you said the realtor wrote to your lawyer saying he did not look out for you. Seems pretty odd that someone would admit that.
He admitted it to me, my lawyer and the real estate commission. He said at the time he thought he was looking out for me but after reviewing my complaint, he realized that he didn't do a very good job. This man did not deny one thing I accused him of-not to anyone. He apologized and stated that this was one of the worse things that had happened to him in his 27+years.
To the post about anyone putting a gun to my head, thanks so much for your kindness. We need more people like you in this world. To the family in Raleigh, I have hired a lawyer and he states that I didn't have to ask and didn't have to know to ask about the mold; by hiring a Real Estate Agent, he was being paid to ask and to know-that was my purpose in hiring him, because I didn't know what to ask. I have had a second inspection done and the difference in the 2 inspections is day and night. I don't know where I will get with this case, but it won't be because I haven't tried. I have no doubt that I was misled in so many ways when it comes to buying this house and especially since it is an older house. I was a sure sell and I was taken advantage of.
I think this lawyer is telling you something wrong. A buyers agent knows as much about the house they are showing as you do. Sellers fill out a property disclosure form regarding material facts about the house and they are required fill it out truthfully. Did you receive, read and sign this form? Any mold issues they knew about should be there. Mold is asked about specifically in the state I am in anyway. There shouldn't be a need for the your agent to ask, but they are required to get this form from the sellers agent.
About the leak I agree with the person before that said if it took you so long to discover it most likely the previous owner didn't know either. Stuff happens when you own a home. Get to know a good handyman that doesn't overcharge you and does good work. Ask around for one.
As far as the listing agent buying the house first. I don't think it is what happened here if the listing agents name is not on the paperwork as the seller. It isn't legal to sell what you do not own and I don't think a title company would allow a transaction like that to close.
The little mold you are talking about cost me about $6,000 dollars to repair. It is always easy looking from the outside in, but my problems are so much deeper than the floor to my kitchen that it would totally surprise you. I am not petty and I don't play dirty. It has been a year and a half, but that doesn't mean that I was not knowingly sold a lemon house. You do sound arrogant and insensitive-but that is typical in today's world. I hope that you are never in a position where you have been taken advantage of and because of it, you will pay out a lot of money. $74,000 might not be a lot for you, but for me, it is a whole different story. I can't afford a $500,000 home but you know what, regardless, it is still mine; the price of it doesn't make it a real home. Are you a real estate agent?
Now six thousand for that is a rip off!! I feel terrible for you. Don't hire whoever did that for your next repair. Get estimates from more than one next time and the estimates should always be free.
You are the first person to even remotely admit that a buyer's agent has a responsibility to the buyer to do a certain job. This agent did me wrong due to my ignorance. The house is older and I knew there would be problems with it at some point, but not like the issues I am having or at least, not a year and a half later. On the disclosure form that the seller signed, he marked "no representation" to every single thing. I asked about this and what it meant and was told that the house was left to the seller by his parent and he didn't live in it. So therefore, he couldn't say what was or wasn't wrong since he lived in another state. At the inspection on this house, my agent advised me to wait one hour before coming because I would only get in the way. He chose the inspector. The same week that I moved into the house, my agent had to hire a man to make repairs that the seller agreed to make. The listing price for this house was $10,000 less than what I ended up paying and I think that the price was down because the seller knew that any reasonable person (which doesn't include me I guess) would discover the issues with the house. My agent knew that I had been approved for more and he also discovered how clueless I was. He knew that I really liked the house and I was a sure sell as I had already been approved. I have learned so much after the fact and when I look back, this man saw dollar signs at the end of the sell. That was his main objective. Where I fell short the most I think, is I didn't do the research. The funny thing is I am known for going on the internet to find answers when I don't know them. In this case, I didn't feel I needed to as my agent has over 27 years of experience, and again I figured he knew his stuff. I think you and every other real estate agent know that some are dishonest and deceptive. I am not just out to get money; I was wronged to a great extent by my buyer's agent and I know that the real estate commission will also see how unscrupulous this man was.
Did you ask that he recommend an inspector? Or did he tell you you had to use his?
What I can't understand is how, when you were told the house was $10,000 more, you still went for it! It's more than a 10% increase in price. Asking prices usually go down, not up and not by so much! That alone is worse than the mold and leak issues.
It's been almost a year since I made the post about my situation. I would like to give an update on my case. To all the kind and considerate people that felt like ignorance was no excuse, turns out that it was a pretty valid excuse. I hired him to be my buyer's agent because I did not know all the things to look for when buying a house. As my agent, he a had a judiciary duty to look out for my best interest. He admitted that he didn't. To the one real estate agent that understood to some degree, thank you. It took me a year but I was awarded a judgment in court. Whether I will ever get that judgment is yet to be seen, but again, it won't be from a lack of trying. I have learned so much in the last year. If I were to buy another house, I wouldn't hire a agent because I wouldn't need one. Besides that, the contract to hire a buyer's agent in binds you to that agent until the contract is up. I now know all the big and small things to look for. To anyone that is considering buying a house, check out everything; even the door knobs to the rooms in your house. Be present at the very start of your inspection. Ask questions when you see something that you don't like. Get a second inspection done before closing. If you see mold under your sink, have the drywall cut out to see what's causing the mold. Don't take smiles and friendliness at face value. It's not personal, it's business. In the end, you have to live in that house so take your time, even though you will probably be so excited. Times are hard and there are shady people out there that will take you for all they can. Don't give up. Buying a house is a major life decision. Do your homework before making your final decision.
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Buyer's agent
