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The seller is not accountable for this. A request was made by you via your representatives. The seller responded by refusing to make the changes. They told your representatives . Asked and answered. How is the seller still on the hook?
While it appears, from what you wrote, that your attorney and realtor do have culpability here, why in the world did you close without proof that these repairs were done? Where is your accountability?
Exactly. Take ownership of the deal, since after all you are the one trying to take ownership of the property. Trust but verify.
The seller is not accountable for this. A request was made by you via your representatives. The seller responded by refusing to make the changes. They told your representatives . Asked and answered. How is the seller still on the hook?
Hi, they did not refuse. They agreed. They fixed one of the issues and provided receipt. They just didn't do the toilet issue as they said they were going to. I requested the info from my lawyer, what they provided in writing to this.
Wow. This kind of thing happens. I understand how you'd be mighty upset. But there are possible remedies. Hold off on small claims court until you've investigated other avenues. Do contact the broker, and also the state realty board if necessary. Even if everything was by the book on paper, you could still have a case for "bad faith" or whatever. Especially given you were a first time buyer. There is such a thing as spirit of the law as well as letter of the law. Also, just so you know if you don't already, there's a difference between a real estate agent and an actual realtor. Which one did you have? Keep this in mind for next time.
She was a real estate agent. Thank you for your advice and help.
You didn't actually visit the house prior to closing to make sure those items were repaired (seriously you should have noticed an overflowing toilet) and to make sure that nothing else had gone awry - like the stove missing.
Yes, of course I did a final walk through. I was able to flush the toilet and it was not overflowing. The toilet issue started 2 days later first day of move in after flushing it with more in the toilet, then it overflowed and sewage came up in the bathtub, toilet, and downstairs bathroom. The plumbing company and Village inspector told me that a contracted plumber would have noticed the problem when installing plumbing with a rehab and they should have disclosed this.
While I have learned my lesson for next time, my issue is why my attorney did not tell me if the seller refused to fix any of the items (they fixed one other and provided receipt). I asked for two issues to be fixed. My attorney informed me the seller was working on the issues. This is what I have a problem with as I hired the attorney and would have expected he let me know if seller refused to fix anything rather than lie and say they were working on them both. I followed up with my lawyer as I don't have any communication with the seller and he informed me they were working on both issues. Although I was not provided a receipt at the closing for the toilet (yes I know I now know I should have asked for one), my lawyer informed me the inspection issues were fixed. The plumbing company told me there was no recent work done on the toilet and only a certified plumber would have been able to detect the underlying sewer issue, not a new homebuyer.
It is not common sense. People don't know what they don't know. The internet has tons of great information on it and tons of misleading information on it. It is extremely difficult for first timers to sort through all of that. What's the point of hiring a real estate agent or attorney if they can't get a basic repair addendum signed?
Buyer agents have fiduciary duties to their clients as do attorneys. If they were aware that these were deal killer items for their client and said nothing, that is a serious breach of their fiduciary duties. If what the OP says is true, then there is no defending the real estate agent. I don't know what role the attorney played in the OP's transaction so I can't comment fully on that.
Exactly Silverfall. I hired the attorney and paid him to take care of the legal documents and repair agreement. He sent the initial letter (I have it) requesting the repairs to the seller and informed me, even at closing, that the 2 repairs were taken care of. Now he is not responding to me. This is why I feel deceived and lied to. If I had done full research and known every single step I needed to do in the legal document and repairs process, I wouldn't have needed to hire and pay an real estate attorney. I asked my attorney several times and he responded the 2 inspection items were taken care of. So either he lied or the seller refused, which I don't know because my attorney is not responding to me now, but I don't believe the seller refused otherwise they wouldn't have taken care of the other inspection issue and provided me a receipt. Yes, my realtor told me they were also taking care of the inspection issue and even said when I flushed the toilet during the final walk through, "oh see they fixed it....great!" I guess the only way I would have known was to really have used the bathroom, if you know what I mean, or brought the plumber with me. Have a great day and thanks.
Hi, they did not refuse. They agreed. They fixed one of the issues and provided receipt. They just didn't do the toilet issue as they said they were going to. I requested the info from my lawyer, what they provided in writing to this.
Was there a written repair addendum/agreement the seller signed?
Was there a written repair addendum/agreement the seller signed?
According to my attorney, he said they agreed to fix the issues. I've asked for the agreement or any documentation/correspondence but he has on file but he has not responded to my email (I've sent six) or voice mails and I've been told he is out of town. He has not contacted me since 1/7 but his assistant just responded once via email that the attorney is out of town and the seller is stating it's my problem now.
According to my attorney, he said they agreed to fix the issues. I've asked for the agreement or any documentation/correspondence but he has on file but he has not responded to my email (I've sent six) or voice mails and I've been told he is out of town. He has not contacted me since 1/7 but his assistant just responded once via email that the attorney is out of town and the seller is stating it's my problem now.
Did you sign anything asking for this work to be done, or did you just discuss these items with your agent/attorney and then it was verbally given to the seller? In my area, a specific addendum is drawn up asking for repairs. If the seller agrees, they sign it (or make alterations for buyer to then potentially agree). This form is then introduced into the contract and is binding.
Separately, you should have copies of every single document that was executed for the transaction. If you don't, get your agent/attorney to send to you for your records. You never know when you'll need something down the road.
Yes. I signed the initial request asking for the inspection work to be done. It was a letter from my attorney to the seller's attorney. It listed the two items I requested to be fixed prior to closing. I reviewed it and approved it. When I followed up for response, my attorney informed me they were working on the issues. My realtor did as well and she forwarded me the email from the other agent and attorney with the receipt that they fixed the other issue. I've been trying to get my attorney to send me the follow up documents but he hasn't responded yet. I've sent pictures and receipts of the plumbing issue and exact details of everything that is happening, including what the Village and plumbing company said.
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