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Old 04-09-2010, 10:46 AM
 
Location: Lead/Deadwood, SD
948 posts, read 2,802,141 times
Reputation: 872

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First off it stinks that the home you purchased has been a source of troubles - I hate to see it and I hate it even more when agents or sellers fail/mislead/lie/hide facts etc. On the surface to me though, it seems like if a hidden plumbing issue took over a year and a half of residency for a person discover and that the report showed other obvious water sources and mold, that although the other problem was hiding it most likely was not done so as to hoodwink you - personally when a inspector says hey here are some leaks, and look near-by those leaks there is some mold, this should be fixed - that sounds like a good inspector - thinking the inspector should have found a leak that took you a good 1.5 years to discover and thinking the agent was hiding it seems ridiculous to me when all the other problems were so readily addressed.
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Old 04-09-2010, 02:53 PM
 
Location: Illinois
718 posts, read 2,086,027 times
Reputation: 987
Mold? Leaks? Whatever the age of the house...why did you go ahead with the purchase?
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Old 04-13-2010, 06:45 AM
 
13 posts, read 29,617 times
Reputation: 22
Default little mold

Quote:
Originally Posted by At-Chilles View Post
Man....I hate to sound arrogant, but after all this time and you paid 66-76k....and you have a little mold - I say spend a few bucks, fix it yourself and save and stress and heartache from seeking and having to pay for counsel.
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?
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Old 04-13-2010, 06:52 AM
 
13 posts, read 29,617 times
Reputation: 22
Default Mold, leaks

Quote:
Originally Posted by LynnKK View Post
Mold? Leaks? Whatever the age of the house...why did you go ahead with the purchase?
Because I thought that I could trust my buyer's agent to make sure that the mold and the leaks were repaired. That is the reason that you hire a real estate agent, isn't it? You are a real estate agent, right? Would you have told me to run the other way? You know that all real estate agents aren't honest. I signed a buyer's agent agreement with mine; doesn't that mean that he should have looked out for my best interest and not the money he was going to get at closing? Some people are out to get something for nothing-that isn't the case with me, although you may find that hard to believe.
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Old 04-13-2010, 09:59 AM
 
43 posts, read 159,166 times
Reputation: 23
Sorry rejenell, but you are not being realistic here. A real estate agents job is to sell a house. It was YOUR responsibility to either get the repairs fixed, or you easily could have just walked away from the deal BEFORE you signed those closing papers. I know you are angry but life just isnt fair sometimes and I think you need to just move on from this.
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Old 04-13-2010, 03:42 PM
 
Location: Columbia, SC
11,025 posts, read 22,095,846 times
Reputation: 10746
Quote:
Originally Posted by rejenell View Post
Because I thought that I could trust my buyer's agent to make sure that the mold and the leaks were repaired. That is the reason that you hire a real estate agent, isn't it? You are a real estate agent, right? Would you have told me to run the other way? You know that all real estate agents aren't honest. I signed a buyer's agent agreement with mine; doesn't that mean that he should have looked out for my best interest and not the money he was going to get at closing? Some people are out to get something for nothing-that isn't the case with me, although you may find that hard to believe.
A real estate agent is not an inspector or mold expert. You had the home inspected and mold was found. A contractor was hired and inspected the mold. The agent listed it as an item to be repaired. The seller, presumably, agreed to correct. Did you get a re-inspection done to verify the problems were corrected? Where did the RE agent go wrong there if the issue was disclosed and asked for as a repair? Why would you expect the agent to know if the seller didn't properly correct the issue?

The pricing thing is another matter completely. You still ultimately agreed to sign the contract for a higher price. You didn't have to do that, and you weren't forced to sign the contract. You could have said no and didn't. How would that be someone elses fault?
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Old 04-13-2010, 05:09 PM
 
Location: Salem, OR
15,619 posts, read 40,627,421 times
Reputation: 17569
Quote:
Originally Posted by Brandon Hoffman View Post
A real estate agent is not an inspector or mold expert. You had the home inspected and mold was found. A contractor was hired and inspected the mold. The agent listed it as an item to be repaired. The seller, presumably, agreed to correct. Did you get a re-inspection done to verify the problems were corrected? Where did the RE agent go wrong there if the issue was disclosed and asked for as a repair? Why would you expect the agent to know if the seller didn't properly correct the issue?

The pricing thing is another matter completely. You still ultimately agreed to sign the contract for a higher price. You didn't have to do that, and you weren't forced to sign the contract. You could have said no and didn't. How would that be someone elses fault?
I sort of agree, but also disagree. Since the OP is a first time home buyer, I do think that we agents have a responsibility to help them through the process. A first timer isn't going to know that a re-inspect is important. I do think that a real estate agent should be strongly suggesting that a reinspect be done. I know I follow up on repairs for my buyer clients, but I don't get them impression with the OP that repairs were contractually requested.

The problem I see with the OP's case is that they are relying a lot on "I figured the sink hole was fixed" and "I knew there was mold but not this bad." We have a clause in our contracts that says "for defects apparent and not apparent." In Oregon, this would be a losing case, but it depends on the contract signed where the OP lives.

I do agree with the OP that if his buyer agent didn't recommend mold testing, repair invoices, or a basic reinspect after any seller repairs, at minimum, they weren't a very good buyer agent.
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Old 04-13-2010, 06:56 PM
 
Location: Columbia, SC
11,025 posts, read 22,095,846 times
Reputation: 10746
Quote:
Originally Posted by Silverfall View Post
I sort of agree, but also disagree. Since the OP is a first time home buyer, I do think that we agents have a responsibility to help them through the process. A first timer isn't going to know that a re-inspect is important. I do think that a real estate agent should be strongly suggesting that a reinspect be done. I know I follow up on repairs for my buyer clients, but I don't get them impression with the OP that repairs were contractually requested.
....
I do agree with the OP that if his buyer agent didn't recommend mold testing, repair invoices, or a basic reinspect after any seller repairs, at minimum, they weren't a very good buyer agent.
I agree with all that. The OP never stated if a re-inspect was done or suggested. That is why I posed it as a question. She did say a contractor looked at it and it had been sprayed but she didn't say when any of this happened. Was it looked at prior to closing/ after repairs, last week when she found out there was a problem, or anything? Was a licensed bonded professional hired to repair leak/treat mold? Did she get a copy of the invoice if so? She just didn't give enough info on what/when things were done for anything to be determined.
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Old 04-28-2010, 12:41 PM
 
13 posts, read 29,617 times
Reputation: 22
Quote:
Originally Posted by pagirl34 View Post
Sorry rejenell, but you are not being realistic here. A real estate agents job is to sell a house. It was YOUR responsibility to either get the repairs fixed, or you easily could have just walked away from the deal BEFORE you signed those closing papers. I know you are angry but life just isnt fair sometimes and I think you need to just move on from this.
This man was my buyer's agent. I have had 3 lawyers now that say he had a fiduciary duty to me to look out for my best interest and he wrote a letter to my lawyer stating that he did not in fact, look out for me. At this time, my attorney is taking this case to the Superior Court. I don't know if the majority of responses I get on this forum is from real estate agents or what, but I am not out to get an agent. I was taken advantage of by my buyer's agent; we signed a contract. I was legally bound to him for a period of 5 months because of that contract. It is so easy for you to say that I should just move on. If I were to completely repair this home that I have purchased, it would cost me as much, if not more than I paid for the house. I hired this man to assist me in buying a home. He was hired because of his over 27 years of experience and I paid him for his expertise. He took advantage of my inexperience.
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Old 04-28-2010, 01:37 PM
 
13 posts, read 29,617 times
Reputation: 22
Quote:
Originally Posted by Silverfall View Post
I sort of agree, but also disagree. Since the OP is a first time home buyer, I do think that we agents have a responsibility to help them through the process. A first timer isn't going to know that a re-inspect is important. I do think that a real estate agent should be strongly suggesting that a reinspect be done. I know I follow up on repairs for my buyer clients, but I don't get them impression with the OP that repairs were contractually requested.

The problem I see with the OPs case is that they are relying a lot on "I figured the sink hole was fixed" and "I knew there was mold but not this bad." We have a clause in our contracts that says "for defects apparent and not apparent." In Oregon, this would be a losing case, but it depends on the contract signed where the OP lives.

I do agree with the OP that if his buyer agent didn't recommend mold testing, repair invoices, or a basic reinspect after any seller repairs, at minimum, they weren't a very good buyer agent.
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.
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