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Thank you for your response Kathy. I appreciate you understanding. Others just say why don't you get estimates or repair it, however, I just don't know that it would be worth it. The house can't even be worth much right now, being condemned and such. Honestly, now that I know about the mold I don't ever want to live there with my son. We are too extremely healthy people who don't even catch colds (**knock on wood**) and just living there the month we did was unbelievable. We had all sorts of issues. Once we moved we felt great again.
I have talked to the previous tenant through e-mail just a day or two ago! So glad to be in contact with her again. I asked her if she would be willing to sit down with my attorney and she said definitely. So that helps tremendously. Once we have on record all the problems she dealt with at the house it will be great evidence. The seller even told this renter that the problems were always there.
I do live in a small town. The sellers live in a small town about a half an hour away where they have their real estate business. They had owned this house in my town for 22 1/2 years. I had wondered alot about influences before. My attorney has no ties with them, though.
Yeah, the whole "grey water" thing is puzzling. You should see the video I have of the ducts when they were full of "stuff"!! It is nasty! And to think when the heat was on, all this "stuff's" smell and particles were blowing around and we were breathing them in. Disgusting! I would like the sellers to live there for awhile.
I agree with the fact that this should have been a pretty easy disclosure case. I had done all the work (already had the structural engineer come up and do his report, already had the video, talked to the previous tenant) before I even went and retained a lawyer. Just pisses me off that my lawyer can't move quicker. And because I'm a low-income, single mother who works full-time, I cannot afford to change lawyers and get someone out of town. I have the best lawyer in this town, except for the fact that you have to call him daily.
Maybe it's about time to try this in the court of the press. Your situation is beyond miserable. But first I'd have a conversation with your attorney about the delays. This seems like a very simple disclosure issue to me based upon what you have shared. If it's not, then your attorney needs to be upfront about the timeframe of the litigation process so you know what to expect. You might also discuss going to the press about this issue with him/her.
Good advice!
Quote:
Originally Posted by AK-Cathy
I don't think I would ever again even look at a house on a slab.
Unfortunately in slab construction, when problems like this exist, it takes time to find that there is a problem first and then of course to remediate will require that the slab be broken up over the plumbing and HVAC systems to implement repairs. Repairs which could very well exceed the value of the house and would be uneconomical to perform.
Slab construction is perfectly appropriate depending on soil conditions, construction techniques, and perhaps varies from region to region. Here in Los Angeles the plumbing, electrical and HVAC are run in the attic rather than underground, or at least that's the case in my house. The only underground here is the drain plumbing which obviously has to be at the lowest point.
Quote:
Originally Posted by mom119
Thank you for your response Kathy. I appreciate you understanding. Others just say why don't you get estimates or repair it, however, I just don't know that it would be worth it. The house can't even be worth much right now, being condemned and such. Honestly, now that I know about the mold I don't ever want to live there with my son. We are too extremely healthy people who don't even catch colds (**knock on wood**) and just living there the month we did was unbelievable. We had all sorts of issues. Once we moved we felt great again.
It's perfectly understandable that you didn't just pay whatever it cost to fix it and then file a lawsuit against the seller. (1) It sounds like a lot of money. I doubt very many people could just pay for or borrow enough money to fix it. (2) I agree, depending on the seriousness and degree of the problem the repairs might exceed the replacement value of the house. (3) The seller might not have enough net worth to pay a judgement even if you win in court.
Furthermore I hope the seller will be forced to pay for your alternate living expenses, medical expenses, maybe even pain and suffering if that's possible, and certainly for your attorney and court fees. That's outrageous that the seller knowingly sold this house without disclosing the problem.
BTW, perhaps you should get your witness deposed quickly. I'd hate to have them die or change their mind about testifying before you go to court.
Good luck! I'll be interested and hoping to read a post from you one day telling us that it all worked out well for you in the end.
Thanks Lovehound. Always nice to get advice from people. I always appreciate it, good or bad. I had thought about going to the newspaper and/or local TV stations, but wasn't sure if I should wait until my case is further along. And I definitely agree with the getting witness deposed ASAP. I already thought I "lost" her once. She moved out of this town, but is now only about an hour away. I left a message with my lawyer yesterday telling him we needed to set up an appointment very soon. I'm just glad she's willing to help. In my eyes, she is the key here. She's proof all of the problems existed previously.
Thanks again for your response, and I too, hope to be telling you a good ending to this nightmare....some day.
A year and a half later....just went to court for prelim. objections filed AGAIN by the sellers. They are stalling this as best as they can. Their lawyer tried to be sneaky on a few things (I know, that's what lawyers do best), however, the Judge caught it. One of the objections was about something I signed in the agreement, but the seller's lawyer left out some very important wording that he thought the Judge apparently wouldn't catch (but he did). I'm hoping that the Judge is realizing how long this case is dragging (he himself said he's sure both sides are ready for this to be over).
The seller's "plumber" wrote a report saying they know where the break in the line is and that it would cost under $4,000 to repair. Hahaha...what a joke. Do they know anything about mold? Because they sure didn't mention that in the repair cost. That house is full of it since it has had moisture/water/sewage problems after many, many years of neglect. If it was only gonna be 4K, why didn't the seller's offer to help me in the beginning and they wouldn't have had to spend very much. Now they probably have attorney fees adding up fast (not to mention, my expenses are still adding up).
For everyone who says, why don't you just get it fixed? Easier said than done. I'm a single mother who works full-time, however, I live paycheck to paycheck. I have no money to repair this house. Nor does anyone who says to repair it have any idea of the problems in this house. It is not gonna take just a few thousand to get this house into habitable status.
One more tidbit of info I found out a couple of weeks ago. The sellers, who are also realtors, are selling their business all of a sudden. Hmmm....that's convenient. So when the Real Estate Commission comes to them to take their license, they won't have one anymore. The lady who is interested in the business approached my lawyer very nervous about it. Of course, my lawyer could tell her nothing about the case. Well, I hope someone is nervous about this. They deserve to be punished for lying about the condition of this house. They should be ashamed of themselves, but I'm sure their not. Oh well, the battle continues, as I will not give up until this is completely over.
A year and a half later....just went to court for prelim. objections filed AGAIN by the sellers. They are stalling this as best as they can. Their lawyer tried to be sneaky on a few things (I know, that's what lawyers do best), however, the Judge caught it. One of the objections was about something I signed in the agreement, but the seller's lawyer left out some very important wording that he thought the Judge apparently wouldn't catch (but he did). I'm hoping that the Judge is realizing how long this case is dragging (he himself said he's sure both sides are ready for this to be over).
The seller's "plumber" wrote a report saying they know where the break in the line is and that it would cost under $4,000 to repair. Hahaha...what a joke. Do they know anything about mold? Because they sure didn't mention that in the repair cost. That house is full of it since it has had moisture/water/sewage problems after many, many years of neglect. If it was only gonna be 4K, why didn't the seller's offer to help me in the beginning and they wouldn't have had to spend very much. Now they probably have attorney fees adding up fast (not to mention, my expenses are still adding up).
For everyone who says, why don't you just get it fixed? Easier said than done. I'm a single mother who works full-time, however, I live paycheck to paycheck. I have no money to repair this house. Nor does anyone who says to repair it have any idea of the problems in this house. It is not gonna take just a few thousand to get this house into habitable status.
One more tidbit of info I found out a couple of weeks ago. The sellers, who are also realtors, are selling their business all of a sudden. Hmmm....that's convenient. So when the Real Estate Commission comes to them to take their license, they won't have one anymore. The lady who is interested in the business approached my lawyer very nervous about it. Of course, my lawyer could tell her nothing about the case. Well, I hope someone is nervous about this. They deserve to be punished for lying about the condition of this house. They should be ashamed of themselves, but I'm sure their not. Oh well, the battle continues, as I will not give up until this is completely over.
Thanks for the update. You have to post on here what happens. What a mess for you.
I just read this thread today! What a horrible thing to happen to you Mom!
I hope you receive justice and that it comes quickly. I know that what should have been a wonderful experience for you (buying your first home) has turned into an unbelievable nightmare that seems to have no end.
We are planning on selling our home soon and have been home owners for years and hearing stories like your's is very scary. I know there are no problems with my home, but what about when I buy something else? We too don't have a lot of extra money, but wish to relocate to a different area due to retirement. It would be financially devastating to us, just like it has been to you if we encountered a similar situation.
Thank you for letting people on this forum know about your situation. I hope you are eventually able to let everyone know in the community, but it sounds as if the brokers/sellers are trying to break business ties with the community (as in selling their business). Please continue to keep us apprised regarding your case as I believe there are many on here pulling for you.
These brokers/sellers obviously do not have a conscience.
Good luck and I hope you come out of this situation in a very blessed manner.
Good luck and I hope you come out of this situation in a very blessed manner.
Thank you "thereandbacktwotimes"....i appreciate your kind words. It has definitely been a nightmare. I think it's important for people to know that there are many dangers out there when buying a house. It can be a good experience, but some of us aren't that lucky. I definitely recommend getting a very qualified and experienced home inspector, even if it costs a little more. My situation was a little different...since the home sat vacant for a year, even if the home inspector would have looked into the heating ducts there would have been no water in there at that point. It was just plain old dishonesty from people who knew exactly what the problems were and lied. I just hope they are punished for the problems they have caused. They have not once offered to help at all. I believe they know they were wrong.
Estimate to get the house repaired (this includes EVERYTHING wrong w/the house, not just the heating duct issue) came back at $55,000. That's more than the house is even worth! Amended complaint just submitted at the beginning of the month for the THIRD TIME!! Don't see how they can object to anything this time. Hope to have a final update for everyone by the end of the year.
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