12-29-2014, 05:56 PM
1 posts, read
1,046 times
Reputation: 10
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.
12-29-2014, 06:10 PM
10,135 posts, read
27,517,336 times
Reputation: 8400
You will have to look at the contract. If the warranty is mentioned there, there will a chance the seller will have to provide it. If not, I am pessimistic about your chances. But, as always, you should consult a lawyer for the real answer (which you should have done when you bought the house).(513) 381-8359
12-29-2014, 06:17 PM
777 posts, read
1,875,930 times
Reputation: 1852
Listings are notoriously inaccurate, so, WOW, you signed the sales contract and agreed the the stated terms without noticing there was no provision for a home warranty? You and your agent did not do their due diligence. Unlikely you have any recourse. Sorry.
12-30-2014, 11:11 AM
Location: Mason, OH
9,259 posts, read
16,835,555 times
Reputation: 1958
I have to agree with the last two opinions expressed by Wilson and Iggier. If you signed a sales contract which made no mention of a home warranty I believe you are out of luck, regardless of what was mentioned in advertising. You also state the seller made certain repairs after the home inspection. If the plumbing stack problem was not detected by the inspection that is not the seller's fault.
12-30-2014, 11:32 AM
Location: Cincinnati
3,336 posts, read
6,953,423 times
Reputation: 2084
you can probably have the stack cleared out by a plumber many times over for the cost of hiring a lawyer.
12-30-2014, 02:08 PM
10,135 posts, read
27,517,336 times
Reputation: 8400
Quote:
Originally Posted by
progmac
you can probably have the stack cleared out by a plumber many times over for the cost of hiring a lawyer.
He will probably get a free consultation to see if he has any legal redress, and once he messes with the problem, which may or may not solve it, his chances fo recovery are over. Hence, the recommendation.
12-30-2014, 02:53 PM
Location: Blue Ash OH
150 posts, read
172,288 times
Reputation: 101
Contact the home inspection company. If their agent goofed they may send a plumber to fix the problem.
01-04-2015, 08:52 PM
209 posts, read
503,656 times
Reputation: 73
Also if the vent stack is clogged you can unclog it by flushing a water hose down the stack. Sometime leaves get clogged in the stack. Go to your local Home Depot and in the plumbing dept. ask for a bladder that screws onto the end of you garden hose. I have used these several times to unclog vent stacks. Very easy to do should you choose to go this route. Sorry to hear about no HW. but you may or may not get it, but in the mean time you can get your stack unclogged. Does the tub or toilet drain ok?
01-07-2015, 10:58 AM
15 posts, read
13,328 times
Reputation: 15
The biggest issue I've seen when we had a home warranty is that we had no control over who was used, and you don't necessarily get a competent professional.
01-07-2015, 12:12 PM
Location: 42°22'55.2"N 71°24'46.8"W
4,848 posts, read
11,833,466 times
Reputation: 2963
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.
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Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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