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Nothing I've seen here seems offensive to me, particularly the characterization of the OP as naïve. Would ignorant be a better word? All it means is that the person is not aware of the facts surrounding the situation; neither is a personal attack. Here the OP is not familiar with the house buying process and entrusted his agent with protecting his interests; the agent, at best, simply failed. At worst the agent was party to a plot to fleece the OP. The record, as related here, shows a lawyer well versed in real estate matters is his strongest source of guidance.
Since you don't know all the facts that would make you ignorant too.
WTF are you talking about? Since when does and agent “OK an inspection”?
No need to be nasty.
Agents reassure buyers that inspections are OK all the time.
We've had agents tell us that the matters noted on the inspection were standard boilerplate and not to worry, that these things shows up on all inspections.
Is seller a realtor too ? He mentioned showings so must be?
The issue is less the lead seller was trying to cover up, it's the sellers attempt to hide this leak when he should be required to do so under penalty fir failing.
What else has happened to this home seller, a less than hi est and honorable person, I not?s required to disclose and did not?
I think the Realtors are ignoring your rights buyer. Hold firm and don't close if you are as worried as you seem to be. In Texas you can take action against a seller for failure to disclose an event like this. If they try to keep your earnest money, get a lawyer to assert your rights and represent you, the Realtors in this deal are not your friends.
To me it's about a dishonest seller not a fixable leak.
Is seller a realtor too ? He mentioned showings so must be?
The issue is less the lead seller was trying to cover up, it's the sellers attempt to hide this leak when he should be required to do so under penalty fir failing.
What else has happened to this home seller, a less than hi est and honorable person, I not?s required to disclose and did not?
I think the Realtors are ignoring your rights buyer. Hold firm and don't close if you are as worried as you seem to be. In Texas you can take action against a seller for failure to disclose an event like this. If they try to keep your earnest money, get a lawyer to assert your rights and represent you, the Realtors in this deal are not your friends.
To me it's about a dishonest seller not a fixable leak.
I would absolutely recommend speaking with an RE lawyer. This business about the water damage, the home re-listed and the earnest money not returned seems very wrong. I suspect one if not both of the RE agents were cutting corners to ensure the sale go through. When this didn't happen the buyer was left hanging and the deposit not returned.
Agents reassure buyers that inspections are OK all the time.
We've had agents tell us that the matters noted on the inspection were standard boilerplate and not to worry, that these things shows up on all inspections.
And you ultimately made the call as a grown ass adult. I’m going to repeat, the agent never OK’d an inspection. As for the “nasty” comment, grow up.
So this thread has turned for the worse. What I'm going to do is simply offer a message to the OP. I can't comment on the behavior of any parties of the transaction (sellers/agents/yourself), because I wasn't around to hear the discussions. Nobody else on this thread was there either so any commentary is merely speculation on our part.
All houses are going to leak at some point. You can't see behind walls and sheet rock of any home. If there is a leak, the only way to get to it is to cut the sheet rock and see where and what it is. This must be done even on minor leaks, so just because they had to cut and patch sheet rock doesn't mean it was a major leak or a scary repair. It would be like trying to change a car's battery without lifting the hood - it's next to impossible. The thing about this house and every house is you don't know exactly when and where you will have a leak, but they will all have a leak at some point.
What you can be assured of is if this repair is done correctly, that is the one spot in the plumbing you shouldn't have to worry about for a long time. So just because there is a leak, you shouldn't feel you have to walk away from the home if you really want it. If you do want it, get the inspector to check out and be sure you're good, but if the leak was still active the water stain would come back.
Maybe I'm wrong, but I'm thinking you where having second thoughts about buying this, or maybe any home. Those thoughts are normal and many buyers go through them. The term is "buyers remorse". If you want this home, the leak shouldn't scare you away. If you're having buyers remorse and this is a reason to back out, then do so. Be aware it may cost you the earnest money and that's why you're going to mediation.
Whatever happens, I hope you end up in a home you like and good luck in the future.
And by the way, for all of you crucifying the seller here, think about his side for a minute. You take it off the market for 30 or 45 days of the peak selling season for a buyer. A leak happens right before closing. Contract states home must convey in the same condition. Seller fixes leak per contract. Buyer balks and refuses to close even though you held up your end of the contract. Seller, IMO, should have informed buyer of said leak and the repair was made, but I don't even know if that's a requirement per the contract so they may have no obligation to do so.
Who's right? I don't know. I haven't read the contract and I haven't seen any of the conversations outside of what the buyer has posted, but most of us know there are usually 3 sides to every story - party 1's side, party 2's side, and what really happened.
I've had plenty of instances in RE where I said "No" and seller swears I said "Yes". There are some crazy people out there that hear what they want to hear.
I think we all agree, that a leak itself is not a reason a house shouldn't sell. I think it fell apart because it the communication wasn't good, and there were concerns about the quality of the repair. There may have been other condition areas they were concerned about also that prompted the urgency for the walk through. I don't know how all that went.
Once the issue developed, I think the OP began to doubt he even had his own agents on his side. It didn't seem like it. At that point, the well has been poisoned. No one trusts anyone any more.
Lesson for the future! Honesty and Communication is always better.
And by the way, for all of you crucifying the seller here, think about his side for a minute. You take it off the market for 30 or 45 days of the peak selling season for a buyer. A leak happens right before closing. Contract states home must convey in the same condition. Seller fixes leak per contract. Buyer balks and refuses to close even though you held up your end of the contract. Seller, IMO, should have informed buyer of said leak and the repair was made, but I don't even know if that's a requirement per the contract so they may have no obligation to do so.
Who's right? I don't know. I haven't read the contract and I haven't seen any of the conversations outside of what the buyer has posted, but most of us know there are usually 3 sides to every story - party 1's side, party 2's side, and what really happened.
I've had plenty of instances in RE where I said "No" and seller swears I said "Yes". There are some crazy people out there that hear what they want to hear.
On one hand and you decry responders here for speculating, on the other you talk about plumbing leaks, as if that's what the problem is. The facts, as related by the OP, which is all we have to go on, say there was a leak that the owner says was a plumbing problem but he has already concealed the problem, claiming to have made a repair.
The buyer has apparently, by his words, been lied to by the agent and broker involved; how is he now to believe that the leak was not a major problem and has been adequately repaired and there is no residual problem of damage to structure or electrical or other systems or created a mold problem? Should he take the word of those same real estate professionals? No one but the owner has any idea of the actual source of the leak. Was it the roof, a window or HVAC system or was it really plumbing? Was it supply water or wastewater? These are questions that any buyer would want answered and there is no indication that has occurred.
The site of the repair should have been left exposed until an inspection was undertaken at the expense of the seller who could then make an informed decision as to whether to complete the sale process.
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