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I bought an older home in 2008. The list price online was $66,900. I gave a $500 earnest money deposit and the next day it was presented with an offer and my realtor called to say that the list price was wrong; it should have been $76,900. My real estate agent new before this that I had already qualified for a loan more than the $66,900. Almost one and a half years later, I have discovered that every time I have used the faucet in my kitchen, water was literally pouring in the wall behind the sink. There is a hole in a drain that is wide enough to put four fingers in it. In my inspection booklet, there was a picture of mold taken under the sink and a large sink hole in the soil under the house beneath that area. I had a contractor to come out to look and I was told that the mold was sprayed over with some type of product, but that was all that was done. He said that the problem had been there for four or five years. My agent didn't inquire about why the mold was there but it was listed as an item to be fixed. I believe that my agent worked against me with the selling agent and because of my ignorance, the problem was covered up. My home owner's insurance has already denied my claim. I have started legal advice but I am not getting any answers. If I can prove that they knew there was a problem but covered it up, do I have any recourse. Any advice you can give me would be very much appreciated.
Last edited by rejenell; 12-06-2009 at 05:37 PM..
Reason: left a word off in heading
You say it was listed as an item to be fixed. Was that on a seller's disclosure, was that an agreement in the purchase contract that the problem would be fixed, or was it simply listed on the inspection as a problem that needed to be fixed?
The inspection is to let you know what the problems are. Here in Texas (I don't know what state you're in), you can then try to negotiate repairs with the seller (though they don't have to do them, in which case, if you're in an option period, you can walk), with a requirement that the repairs be completed BEFORE closing or that the funds for the repairs be held in escrow until the title company receives the invoice from the company doing the repairs.
What exactly do you think that the listing agent (whose fiduciary responsibility is to the seller, not you - they're not your agent, though they are required to tell you anything that they know is wrong with the house, though this seems to be a problem whose existence you knew about) or your agent should have done?
Also, you say that you have sought legal advice but you're not getting any answers. Is it that you're not getting any answers, or you're getting the answer that there's nothing that can be done? Those are two different things.
I bought an older home in 2008. The list price online was $66,900. I gave a $500 earnest money deposit and the next day it was presented with an offer and my realtor called to say that the list price was wrong; it should have been $76,900. My real estate agent new before this that I had already qualified for a loan more than the $66,900. Almost one and a half years later, I have discovered that every time I have used the faucet in my kitchen, water was literally pouring in the wall behind the sink. There is a hole in a drain that is wide enough to put four fingers in it. In my inspection booklet, there was a picture of mold taken under the sink and a large sink hole in the soil under the house beneath that area. I had a contractor to come out to look and I was told that the mold was sprayed over with some type of product, but that was all that was done. He said that the problem had been there for four or five years. My agent didn't inquire about why the mold was there but it was listed as an item to be fixed. I believe that my agent worked against me with the selling agent and because of my ignorance, the problem was covered up. My home owner's insurance has already denied my claim. I have started legal advice but I am not getting any answers. If I can prove that they knew there was a problem but covered it up, do I have any recourse. Any advice you can give me would be very much appreciated.
Post was moved from the Raleigh NC Forum.
"I have started legal advice but I am not getting any answers."
Sounds like no answer is the answer.
I interpret your post to say:
1. You requested the issue be repaired in your Repair Request.
2. A repair was reported.
3. The repair was poorly done, and your contractor supports that conclusion.
4. Your agent helped conceal that the repair was inadequate.
5. You wonder what recourse you have.
OK so far?
I go back to my first line, if you are not getting answers from your attorney, you may have no recourse.
Or possibly the damage is not worth pursuing into court, and your attorney is not telling you.
Do you have ALL documentation from your purchase, including contract, written repair request and response, and record that the seller had the repair performed?
Have you given all documentation to the attorney?
Did you have the items reinspected to confirm repairs were adequate? Did you note that the repair was bogus and demand proper repairs in writing?
That is/was your right under the standard Offer to Purchas and Contract, and the standard Repair Request and Agreement.
If you don't have good documentation of the transaction and your attorney is not forthcoming with a plan...
Well, Kelly may be right. You might mark this up as a learning experience.
"I have started legal advice but I am not getting any answers."
Sounds like no answer is the answer.
I interpret your post to say:
1. You requested the issue be repaired in your Repair Request.
2. A repair was reported.
3. The repair was poorly done, and your contractor supports that conclusion.
4. Your agent helped conceal that the repair was inadequate.
5. You wonder what recourse you have.
Hmmm...I interpreted the post to mean
1. The inspection showed the mold and the inspector listed it under items to be repaired.
2. Buyer did not request that mold be taken care of, hence the issue of the agent not inquiring about why the mold was there.
3. House has mold and buyer is upset because they thought...this is where I get lost...not sure at this point.
When I first had the inspection done, there were two leaks around the two toilets in the house, one of which is on the other side of the wall to my kitchen. I did see the mold but thought it was from a leaky faucet in the kitchen or the toilet. All of these things were listed in the inspection report as items that needed to be fixed. I was given documents from Oshan stating that $25,000 worth of foundation work had been done on the house with a lifetime warranty. There were sink holes around the house outside and they were repaired so I figured the sink hole under the house was from the foundation work that had been done. I knew about the mold but I didn't think it was from water pouring in the wall. Since I wrote the first post, I have heard from my lawyer who says that he thinks that I have a case against the listing agent. In fact, if there is such a thing, I think that the listing agent brought the house from the seller and then sold it to me for $10,000 more, with the help of my agent, despite the fact that the seller's signature (name) was on all of the documentations. The agent representing me chose the inspector for the house and termites and then ask me to arrive at the house 1 hour later than the inspector did because I would just get in the way. I know that this may end of being just a learning experience, but the price of it was estimated at around $6,000 per the insurance assessor and that does not include all the mold I have been breathing in for one and a half years. I knew there was mold and I knew there was a sink hole, but I did not know that water was pouring in my kitchen wall causing damage to the floor and cabinets. I was ignorant, about a lot of things, but I feel the same way anyone would feel if they went to a mechanic for a repair, it was not done but yet they paid for it anyway. I was cheated and they know it and that makes me so angry. My lawyer has all the paperwork that he requested and I know that this probably boils down to the amount of money that the lawyer will make. But for me, this is my first home and if there is anyway I can make them fixed what they would have had it been someone that knew better, then I will give it my all. If this was your mother or your daughter or your wife, what would you tell them to do at this point? There are lemon laws for cars-are there lemon laws for houses? I called the lawyer that handled my closing and told her what was going on. She told me that she felt that I had a case also but that I should look for a lawyer out of town. She referred me to another inspector in town and when he called me, before I could tell him the name of my inspector-he told me his name. I haven't heard from him since then. I guess inspectors are like policemen-they stick together.
Regardless of how this turns out, thanks to everyone who responded to my post.
My family is interested in knowing any progress you make regarding the suspected hidden mold. We are 3 year renters in a home in N.Raleigh, NC. Last summer we reported a suspected mold expanding throughout the outside surface and in the crawl space underneath. The owners took no action. We suspect the poor economy and the owners going out of their personally owned business was the reason they did not do anything about the claim. We have since observed the ceilings and walls in the house. There is noticeable repainting over some previous paint. One of the bedrooms actually has a warped ceiling that was painted over. Please keep your posting active as we are doing whatever we can to stay educated on the subject and need to learn fast from the experience of others.
Quote:
Originally Posted by rejenell
I bought an older home in 2008. The list price online was $66,900. I gave a $500 earnest money deposit and the next day it was presented with an offer and my realtor called to say that the list price was wrong; it should have been $76,900. My real estate agent new before this that I had already qualified for a loan more than the $66,900. Almost one and a half years later, I have discovered that every time I have used the faucet in my kitchen, water was literally pouring in the wall behind the sink. There is a hole in a drain that is wide enough to put four fingers in it. In my inspection booklet, there was a picture of mold taken under the sink and a large sink hole in the soil under the house beneath that area. I had a contractor to come out to look and I was told that the mold was sprayed over with some type of product, but that was all that was done. He said that the problem had been there for four or five years. My agent didn't inquire about why the mold was there but it was listed as an item to be fixed. I believe that my agent worked against me with the selling agent and because of my ignorance, the problem was covered up. My home owner's insurance has already denied my claim. I have started legal advice but I am not getting any answers. If I can prove that they knew there was a problem but covered it up, do I have any recourse. Any advice you can give me would be very much appreciated.
My family is interested in knowing any progress you make regarding the suspected hidden mold. We are 3 yearrenters in a home in N.Raleigh, NC. Last summer we reported a suspected mold expanding throughout the outside surface and in the crawl space underneath. The owners took no action. We suspect the poor economy and the owners going out of their personally owned business was the reason they did not do anything about the claim. We have since observed the ceilings and walls in the house. There is noticeable repainting over some previous paint. One of the bedrooms actually has a warped ceiling that was painted over. Please keep your posting active as we are doing whatever we can to stay educated on the subject and need to learn fast from the experience of others.
Is there a reason why you continue to rent this place?
I bought an older home in 2008. The list price online was $66,900. I gave a $500 earnest money deposit and the next day it was presented with an offer and my realtor called to say that the list price was wrong; it should have been $76,900. My real estate agent new before this that I had already qualified for a loan more than the $66,900. Almost one and a half years later, I have discovered that every time I have used the faucet in my kitchen, water was literally pouring in the wall behind the sink. There is a hole in a drain that is wide enough to put four fingers in it. In my inspection booklet, there was a picture of mold taken under the sink and a large sink hole in the soil under the house beneath that area. I had a contractor to come out to look and I was told that the mold was sprayed over with some type of product, but that was all that was done. He said that the problem had been there for four or five years. My agent didn't inquire about why the mold was there but it was listed as an item to be fixed. I believe that my agent worked against me with the selling agent and because of my ignorance, the problem was covered up. My home owner's insurance has already denied my claim. I have started legal advice but I am not getting any answers. If I can prove that they knew there was a problem but covered it up, do I have any recourse. Any advice you can give me would be very much appreciated.
Did someone put a gun to your head and force you to sign your closing papers prior to the mold being mitigated to your satifaction? Unless this was the case you should look in the mirror for the person who is responsible for your current predicament.
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MOLD in NC home
