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Thank you. I hope to enjoy it at some point. I've spent little time there since I can't do laundry, use the bathroom or shower. But the Village, plumbing company, and air conditioning company (the air conditioner has to be moved outside so they can do the work and the charge is $750.00) are coming tomorrow to start (were waiting on the permits). I have a nice big electric fireplace I picked out before moving in that I was so excited about so as soon as this is taken care of, I'm going to have it installed and I'm going to sit there and enjoy a nice bottle of wine.
I just want to get the word out there so others can learn from me. There are so many new homebuyers out there who are not well informed and trust their agents and attorneys. Some don't have internet access to research like my elderly parents who moved from the city and bought a home years ago. They were lucky and nothing went wrong so I'm happy about that.
I want others to learn from me so they don't have this happen to them. Always take the inspector back for the final walk through. Get every little thing in writing from your attorney even if he tells you he's busy/out of town/he's taking care of everything/he/they are working on issues, etc. Never ever do your final walk through right before your closing. Take your time even if you have to spend a full day there checking everything you need to......I had 15 minutes. My closing date was changed twice because of mishaps with the seller and title company so everything was rushed because I had movers coming the next morning (already paid deposit).
Some agents just want to land the deal even if they know something is wrong and they don't point it out to you because they want their commission - not all agents. I know many excellent and honest agents.....I just picked the wrong one.
This is the difficult times you have to deal with through no fault of your own because people that should have been doing their jobs with due diligence and that you should have had every reason to trust in, dropped the ball. You paid the lawyer good money to represent you and he failed, the agent did not protect you and should have. I sometimes don't know how people like these can sleep at night and you wonder if they worry about the karma they are creating for themselves. You should save all the receipts for the work that is coming out of your own pocket and there are some great ideas and information you are getting from the posters on this thread, really brilliant stuff I haven't even thought of. You should have a good case for legal recourse but it may be really hard for you at times going through the process, but like I always think nothing lasts forever and that goes for bad times, too, pretty soon you will be drinking that glass of wine in front of your beautiful fire place and all this will be a bad memory. Thank you for putting the word out there, you are probably saving someone else from the same heartache and stress. If this was a perfect world, you pay someone to do a job and they do what they are paid to do, but unfortunately, there are people that just don't care about doing a job well for a client, it's all about the money and then they disappear. Hope all goes well with you and you get money back (I think you should get something for your pain and suffering, too).
I wonder how the "You don't need a real estate agent, just use an attorney." crowd feel about this? I surprised ole J_B isn't here on this one.
I appreciate the personal invitation to this thread. I don't have much to add and I don't think it's very interesting to jump on a bandwagon of "see that's why agents are bad". I'm not really sure what's happened here and it's a lot of speculation regarding who is at fault. Is it the attorney or the agent or both. Who knows, except for it being clear that the consumer was let down by those he hired to help him.
But the reason that I accepted your invitation is that I do not say to everyone "you don't need a real estate agent, just use an attorney". Please do not attribute this quote to me as it's not how I generally feel. In fact, i've chosen to use an agent for a pretty recent sale.
Because I trusted my realtor and attorney and I am a new homebuyer. They provided me a receipt for the one issue and said they fixed the other issue. I was not aware I needed all the receipts for the closing. Yes I guess I trusted my attorney and realtor and shame on me and lesson learned. Thanks for making me feel worse than I do because I do have accountability and that's why I asked for repeated status of the inspection issues and believed them when they said they were being taken care of and I believed them because they are the experts and professionals. This is a lesson all new homebuyers who don't know all the rules and should learn and not trust your attorney and realtor only yourself.
Right here is why they closed. There are laws real estate agents and attorney's are to abid by. Not screw people!
OP - give them ONE chance to fix this and then turn the agent into the RE board IN your State and the attorney into your stataes bar. When there jobs are on the line they will act.
THes professionals a pieces of of #h!t. This is their way of being. Make em pay for their dirty deeds.
As the Realtor gave you a receipt for work that was not done, and told you the other work was done, you have a claim against them.
Easy ways to handle your problem.
1: Contact the state Association Of Realtors. You would be surprised how fast they will hold a hearing to solve the problem. The association will do what it takes to get the agency and the agent to make things whole, or that agent and broker will lose their ability to be Realtors and take advantage of things like the MLS and can effectively put them out of business. I have seen it done twice, and one Broker had to pay me $43,000, and another where the agent had not presented a contract to the seller with a small price cut she definitely would have accepted if presented as she knew it was a market fast going down as she had worked during summers as an agent while going to college and understood the business very well, during when the market was collapsing in California, and later had to sell at $63,000 less than the offer that was not presented. She found out about it when the broker that had gotten both offers asked her why she had not taken the first offer, when it was made, and the answer was what other offer. She was given a copy of it, and she complained to the association.
They held a hearing (mini trial without lawyers) chaired by a retired state judge. The office had to pay her the $63,000 she lost by not getting the first offer.
2: The nuclear attack. Contact the state agency that licenses Realtors, and make a formal complaint against the agent and their broker. They will do what ever it takes to get the agent and brokers attention to take care of your needs. If they do not take care of you, it could cost them their licenses and put them both out of business.
Giving you a receipt for work not done, and telling you the other problem was solved when neither happened, is in direct violation of state license laws, and a violation of the Realtors code of conduct. Don't waste your money on an attorney. That can cost a lot and take a long time to resolve.
These other two methods, work very fast, and they are on your side. The Realtors association does not want agents and brokers doing things that look bad for Realtors, and the State agency, wants to weed out bad license holders. The licensed agents have not said anything about these solutions, as the don't want their clients to realize those paths even exist and be the ones recommending them which may anger some Realtors they have to work with. But I have seen those two entities in operation several times (I was never the one being complained on at any time), and have seen how well the public is treated when they are wronged.
Thank you very much. I appreciate all your detailed advice and the time you took to respond. This is such a big help to me. While my realtor said (text and verbally) they were fixing the issues, the attorney also told me verbally they were fixing all issues and when I asked for seller's response, updates on the work being done, and written updated addendum/contract, this is one of the written responses I received:
We usually will not get updates as long as no problems arise. Further, as long as the repairs are complete by the final walk-through before closing, the Seller satisfies its obligation to the repairs. That said, I will ask the Seller’s attorney to provide an update to see if they are done, and let you know the response.
I sent an email this morning and followed up certified letter asking for all communication between attorney and the seller and any refusal/agreement for the inspection issues so I can determine my course of action. I've also been sending all pictures of the continued sewage coming up in bathroom and receipt copies. They are working on this today (Village and plumbing company) so this is getting done.
Thank you again. I will contact the State Association of Realtors today.
This is the difficult times you have to deal with through no fault of your own because people that should have been doing their jobs with due diligence and that you should have had every reason to trust in, dropped the ball. You paid the lawyer good money to represent you and he failed, the agent did not protect you and should have. I sometimes don't know how people like these can sleep at night and you wonder if they worry about the karma they are creating for themselves. You should save all the receipts for the work that is coming out of your own pocket and there are some great ideas and information you are getting from the posters on this thread, really brilliant stuff I haven't even thought of. You should have a good case for legal recourse but it may be really hard for you at times going through the process, but like I always think nothing lasts forever and that goes for bad times, too, pretty soon you will be drinking that glass of wine in front of your beautiful fire place and all this will be a bad memory. Thank you for putting the word out there, you are probably saving someone else from the same heartache and stress. If this was a perfect world, you pay someone to do a job and they do what they are paid to do, but unfortunately, there are people that just don't care about doing a job well for a client, it's all about the money and then they disappear. Hope all goes well with you and you get money back (I think you should get something for your pain and suffering, too).
Thank you for your kind words. I've spent countless hours cleaning up overflowing toilets and sewage on floors upstairs and the basement, missed time from work for all the inspector/plumber/air conditioning workers (unit had to be moved in back), sick from the smell, etc. My pets were also scared because one time there was a loud boom before the water starting coming up again.
I just want them to respond to me. I want some answers. Payment for the work, or at least an offer to settle with me. I want to help others so they learn from me. I don't want to see anyone go through what I did. People should be happy to enjoy their new home as it's a very busy, stressful, and exciting time in their lives. So I hope readers here, especially new homebuyers, are a little better informed. I know I've learned so I know better for next time.
File a complaint. Take them to court. They might settle rather than being inconvenienced with having to appear in court, attend depositions and you may get some money in return. Sorry.
Please update us on how this is addressed/resolved. Situations like this can become legal/professional precedents.
If you haven't already considered it, consider contacting a local TV station or newspaper if you do not get a satisfactory resolution. Sometimes you have to "shake the trees" to get resolution.
I will. This is one great community and I'm happy I found it. Yesterday my attorney called me after the email I sent him about the certified letter. I started talking and about 3 minutes into the call, he interrupted me and said he would call me back in 15 minutes. I haven't received a call back as of now. I mentioned to him the inspector and plumbing company said any contracting company who did a rehab and adding an extension to the house would have for sure known there was a serious sewer problem as the big tree roots broke the sewer pipe and they should have reported/disclosed. So instead of a call back, I received an email from attorney's assistant stating ordered a copy of the village inspection via the Freedom of Information Act, and would expect to receive a copy by next Tuesday. Hopefully this will show if the Seller had knowledge of, but did not disclose, the extent of the plumbing repairs.
He said they are working towards amicable solution with seller. I responded with thank you, sent pictures of the work being done and reminded them I am still waiting for the communications between seller/seller attorney and them on any addendum or refusal to fix toilet issue as all my records (including from attorney) show that they were fixing the issues.
Thank you for your kind words. I've spent countless hours cleaning up overflowing toilets and sewage on floors upstairs and the basement, missed time from work for all the inspector/plumber/air conditioning workers (unit had to be moved in back), sick from the smell, etc. My pets were also scared because one time there was a loud boom before the water starting coming up again.
I just want them to respond to me. I want some answers. Payment for the work, or at least an offer to settle with me. I want to help others so they learn from me. I don't want to see anyone go through what I did. People should be happy to enjoy their new home as it's a very busy, stressful, and exciting time in their lives. So I hope readers here, especially new homebuyers, are a little better informed. I know I've learned so I know better for next time.
The sewage backing up is a health issue, too - they put you in a situation where you can actually become ill. This is not only about repairs and conditions they hid from you, you are experiencing unhealthy conditions and your pets, too. I read the update and that lawyer is really flaky, I hope you are keeping the times and dates you had contact with him, and also the agent, and what they said, keep very good notes. Let them know you are not going away. I hope they settle and that seller I think knew all about the problems, you can get experts from professionals and one have said already that the damage was there for a long time. I would hate for you to go through the court system and more lawyers, so I am hoping that they will settle. You did not buy the house "AS IS" you had contingencies that needed to be met but weren't. The sellers, if they are smart, will settle with you.
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