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Well if you lived in Oregon I would tell you to file a complaint with the real estate agent against the licensee. The other buyer would need to file one too.
Then you both would need to file a complaint with your state's Department of Justice as, at least out here, they handle complaints against businesses and look for patterns of deception and fraud.
Then the other buyer would need to get an attorney and file a civil lawsuit to get her money back.
Can't believe how anal a few are about OP and paragraphs. Guess your s does not ...?
It's not being anal. It's called being visually approachable. That's the purpose of paragraphs: to visually break up text and make it easy for the reader to see, read, and comprehend. And that's the purpose of writing: to convey one's thoughts to a reader. If a person can't do that, it's pointless. I'm not saying OP doesn't have a legitimate question. He/she probably does. It's just very hard to see.
Just in case a potential seller is reading this thread: Disclosure is always your friend. Disclose everything. Then you can go to sleep at night by saying "I told you that..." over and over.
Just another fine example of why anyone dealing with commissioned sales people need to have a lawyer over see everything they do before the situation becomes a legal issue.
There is never any requirement that a home inspection be done if financing through a bank. This is totally a buyer request. The only time you see this required is if doing an FHA 23K loan. It is not a VA , regular FHA or conventional requirement otherwise. The suggestion may be made but it is the buyer's choice.
I can't imagine why the OP bought a home without a home inspection and without a septic inspection or the other myriad inspections possible ( water, termite, radon, etc.).
Funny since when I purchased the house I'm sitting in right now my bank required an inspection. Might be because of age. A FHA inspection was also done separately.
I'm anal about inspections anyway. I spent 400 bucks on one when I built a brand new house. Glad I did because the a/c unit in the attic space above the garage was never hooked up......so there would have been no a/c in the entire house! He found other little things. Definitely worth the money.
Anytime someone says you don't need an inspection, it means you ABSOLUTELY need one and you might want to seriously consider running as fast as you can.
The main reason I replied to your post was to dispute that there is anything illegitimate about buying on contract, or anything about private contracts that would preclude inspections. There isn't. On either point. I just wanted to clarify that.
That said, it's also not real clear if the septic issues would have been obvious in an inspection. Inspections don't guarantee there aren't still issues and problems that might be unknown, or intentionally covered up.
Most home inspections don't automatically include septic (at least in my area). And most septic inspections only inspect what can be seen from the tank while being pumped (at least in my area).
If the drains appeared to be functioning, and the tank looked normal, there may have been no cause to look further.
We made an offer on a house and got up to the inspection point. The repair list would have cost us more than we were paying for the house. And that didn't include the additional inspections that guy suggested. One of which was a septic inspection because the cap was not attached properly and it appeared that the pipe was broken, but he couldn't say for sure......we ran from that sucker!
She tried for 3 more years to sell it. Looks like it has finally sold for $30K less than she demanded from us. We know she hasn't fixed most of the problems. You can see it in the photos. I have no idea how that house was financed because our bank said no way once they heard about some of the issues.
Funny since when I purchased the house I'm sitting in right now my bank required an inspection. Might be because of age. A FHA inspection was also done separately.
FHA does not require home inspections. They require appraisals. The "FHA inspection" that was done separately was not a home inspection, but an appraiser "inspecting" the property to verify that it meets the minimum property standards required by FHA.
The terminology is confusing to many consumers who think that FHA inspected the property and/or requires inspections when all they did was appraise the property and confirm minimum standards are met. That is not the same thing as paying a licensed home inspector to inspect the property.
Sorry about not paragraphing, I was just trying to get alot of information out quickly. If you could please look past that though and have anything constructive to add, it would be appreciated. This is a serious issue for us, and anyone else who may consider buying this home.
We have filed a complaint with the real estate commission about the realtor, whether she knew of the issues when we bought the house I guess will be up for debate in court, however, she is certainly aware of them now and definatley not disclosing them to any perspective buyers. Is there anything beyond that we can do?
I would also like to add that the woman who was in contract for purchasing the home was also in advanced stages of lyme disease. Any exposure to toxins and mold are extremely detrimental to her health. We battled mold constantly, and the septic issues only compounded the issue. The air conditioning unit was full of black mold and blowing it into the house which made not only us sick, but our dogs, and some of our clients dogs. (We own a kennel/dog training business) This effectively shut our business down, as we could not in good conscience take in dogs and risk them getting sick, regardless of the financial impact it had on us. Sellers and agent stated in disclosure that no mold is/ or has ever been present in the home. Exposure to it could have made her extremely sick, if not killed her.
I am livid at this real estate agent, and want to go to any means necessary to ensure she does not do this to someone else. I am not familiar with the "real estate world" and we were naive first time home buyers, relying on the real estate agents to guide us through this process.
I was just inquiring that since this is continuing on with these people, if there was anything beside the RE commission that we may be able to do.
I can only assume you did not have the septic system inspected before purchasing the property. It sounds like a thorough inspection could have saved you a lot of anguish.
Hindsight is 20/20 as they say. Clearly there was some cover up going on here. As others have said, I would report this agent to the local Realtor board if they are a member and also the state's licensing authority. I would also call the local board of health and let them know about the state of the septic system. Perhaps, they would declare the building inhabitable. That would make it much harder to lie about the problem and even to sell the property.
I am curious about what it would have cost to fix the septic system. Did you get a quote? I'm curious as to why you wouldn't repair the system and then go after the seller to recover the costs. Seems like it would have impacted your life less than the path you've chosen.
Quote:
Originally Posted by lovnova
Can't believe how anal a few are about OP and paragraphs. Guess your s does not ...?
I'm not here because I'm getting paid to be here. I'm here because I like to help people. When people decide to write posts without punctuation, in a rambling stream of consciousness fashion, or without paragraphs (just to cite a few issues I've seen on here) it makes it incredibly hard to read the post. It's like they've asked me to help them push their dead car out of traffic and then they put their foot on the brake when I start to push.
If you're going to ask for someone's help, make it as easy as possible for them to help you. Don't make it harder.
Trust me. I'm not the grammar police. I just want to be able to read someone's problem and help them. It's hard to help if you can't read the problem though.
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He found other little things. Definitely worth the money.
I just wanted to clarify that.
