Home Warranty Advertised with home but then not included

[Wilson513]

Originally Posted by Parsec

You have to look at your P&S. The listing sheet and seller disclosures are not official documents and do not survive closing, i.e. they don't mean anything after the closing. This is something your real estate attorney is supposed to catch - it's a basic part of their job to compare the listing to the drafted P&S to make sure everything that should be included is included before it becomes a fully executed document.

Did you use an attorney or did you cheap out and just have your real estate agent review the P&S before you signed it (I am unsure of real estate laws in OH so forgive me if using an attorney is mandatory)?

It is quite amazing that in Ohio almost no one uses an attorney to review the contract from either a buyer or seller side. The folks are fine with paying $18,000 to some lady who took 40 hours of training to show people the house and "draft" a contract, but spring for the $750 that an actual attorney would charge to review it? No way.

I have litigated or negotiated out of problems in many real estate contracts prepared by sales agents and all I can say is that if you would let your barber do your dental work, or have the secretary in your doctors office read your Xray, then by all means you should have a real estate agent "draft" your contracts.

The form contract used by the Cincinnati Board of Realtors does an excellent job of assuring the sales agents' commission and protecting them from any possible liability no matter how poorly they perform, and just about nothing else.

[progmac]

Good point Wilson. In practice, the reason people don't mind paying the $18k is because it is invisible. If attorney review could be worked into the closing costs and rolled into the loan, maybe more people would do it. Heck, maybe that can be done now, I have no idea.

[mike1003]

Originally Posted by jaxhaven

We recently bought a home that is older that was advertised with a home warranty. The seller made repairs after the inspection and all seemed well. After moving in we found there is a major issue with our plumbing vent stack and every time we use the shower, do a load of laundry or dishes our basement and house smells like a sewer. This is something that should be covered by our home warranty and when I asked our buyers agent where the info for our home warranty was she contacted the listing agent and was told that although the home was initially advertised with one it was a typo and the sellers opted not to purchase one. It was never removed from the listing and still shows it was advertised with one according to zillow. Does this fall on our buyers agent or the listing agent, and what can we do about it? We do not have the funds to take care of this right now and the home warranty was part of the reason we were ok with buying this older home. This is hazardous to my family and I am extremely upset that I didnt catch this, but feel that is why we hire a buyer agent.

1) That's why you pay your own inspector to go over any house before you buy it
2) Have your own lawyer go over the contract at the closing

[Wilson513]

Originally Posted by mike1003

1) That's why you pay your own inspector to go over any house before you buy it
2) Have your own lawyer go over the contract at the closing

Good point about the inspection.

Let me modify your second point slightly:

2) Have your own lawyer go over the contract before you sign it.

[mike1003]

Originally Posted by Wilson513

Good point about the inspection.

Let me modify your second point slightly:

2) Have your own lawyer go over the contract before you sign it.

Thanks, Wilson, that's what I was trying to say