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I recently purchased a home and have encountered several concerning issues that were not disclosed to me during the purchase process. Firstly, upon inspection, I discovered that there are no subfloors in the home, which was not mentioned prior to the purchase. Additionally, despite the assurance of freshly painted walls, the paint is now peeling off in large chunks throughout the house. And I’ve also noticed that there is water stains where the paint is coming off in the bathroom on the ceiling .Moreover, the seller was supposed to have the home exterminated due to signs of rodents in the attic, but this was not carried out as promised.
I feel that my real estate agent failed to adequately represent my interests in this transaction, as they did not ensure proper disclosures were made and failed to address these issues effectively. Despite repeated requests over the past year, I have yet to receive receipts for the extermination that was supposed to be conducted.
Given these circumstances, I am seeking advice on whether I have grounds to pursue legal action against the seller for failure to disclose the absence of subfloors, the poor condition of the paint, and the unfulfilled extermination agreement. Any insights or recommendations would be greatly appreciated.
Don't forget that when you refer to "your agent" and you are the buyer, they are not qualified nor should they be used for an inspection. That's why you hire a home inspector who should be an independent contractor whose job is only to inspect and not write contracts. I do agree that you should reach out to a real estate attorney.
I recently purchased a home and have encountered several concerning issues that were not disclosed to me during the purchase process. Firstly, upon inspection, I discovered that there are no subfloors in the home, which was not mentioned prior to the purchase. Additionally, despite the assurance of freshly painted walls, the paint is now peeling off in large chunks throughout the house. And I’ve also noticed that there is water stains where the paint is coming off in the bathroom on the ceiling .Moreover, the seller was supposed to have the home exterminated due to signs of rodents in the attic, but this was not carried out as promised.
I feel that my real estate agent failed to adequately represent my interests in this transaction, as they did not ensure proper disclosures were made and failed to address these issues effectively. Despite repeated requests over the past year, I have yet to receive receipts for the extermination that was supposed to be conducted.
Given these circumstances, I am seeking advice on whether I have grounds to pursue legal action against the seller for failure to disclose the absence of subfloors, the poor condition of the paint, and the unfulfilled extermination agreement. Any insights or recommendations would be greatly appreciated.
Thank you.Mizzimba
1. Subfloors: Was the subject of subfloors mentioned in the listing documents, the home inspection, or in the contract to purchase? If not, then your expectations or assumptions about them are not likely to be enforceable. Sellers don't typically offer guarantees on condition of the house other than to be in operational condition on the date of the closing.
2. Paint Condition: Similar to Subfloors above. Any mention of the paint conditions in listing documents, home inspection, or in the contract to purchase? If not, then it would have to be assumed that you had no problems with the paint condition. The exception to that would be if it's apparent that the seller made an obvious attempt to hide defects from the inspector and from your observations when you looked at the house. In that case, you might be able to get the seller to fix the problem or face the possibility of a lawsuit for failure to disclose a known defect along with attempts to conceal the defects.
3. Extermination Agreement: Typically, the seller would provide proof of a Termite Contract (or similar document) prior to the closing. If this wasn't provided, then you shouldn't have closed on the contract. If it was provided and you suspect termites or bugs of some kind, then call the company that provided the contract coverage and ask them to come and treat the house for the termites or bugs per the contract.
I recently purchased a home and have encountered several concerning issues that were not disclosed to me during the purchase process. Firstly, upon inspection, I discovered that there are no subfloors in the home, which was not mentioned prior to the purchase.
I am a bit lost on this one. If you had "no subfloors" (proper sheathing on joists) how did you walk through the home without dropping between joists?
Additionally, despite the assurance of freshly painted walls, the paint is now peeling off in large chunks throughout the house. And I’ve also noticed that there is water stains where the paint is coming off in the bathroom on the ceiling .
Who assured you about "freshly painted walls" and what did they assure you of?
Moreover, the seller was supposed to have the home exterminated due to signs of rodents in the attic, but this was not carried out as promised.
Who identified the signs of rodents in the attic? How did you get the seller's "promise" to correct this, was it in writing?
I feel that my real estate agent failed to adequately represent my interests in this transaction, as they did not ensure proper disclosures were made and failed to address these issues effectively.
Did the Real Estate Salesperson provide some type of assurance that they would review and verify the disclosure paperwork? Did the Real Estate Salesperson provide that assurance in writing?
How do you feel the Real Estate Salesperson failed to effectively address specific issues you requested them to address? Did the Real Estate Salesperson promise to address these and did they give that promise in writing?
Despite repeated requests over the past year, I have yet to receive receipts for the extermination that was supposed to be conducted.
Who have you been requesting the receipts from for the past year? Were you going directly to the Seller or your Real Estate Salesperson?
Given these circumstances, I am seeking advice on whether I have grounds to pursue legal action against the seller for failure to disclose the absence of subfloors, the poor condition of the paint, and the unfulfilled extermination agreement. Any insights or recommendations would be greatly appreciated.
Thank you.Mizzimba
I have additional questions in blue above as the provided information is very general and vague.
Where are you located (State at least)? This can help others provide more specific responses.
Did you have your own home inspection performed? Was any of these issues identified or intimated (suggested) in the report?
Was the Seller a Flipper (Investor) or other Real Estate Salesperson?
Anyone can start a legal action against anyone else for any reason if they can find an Attorney to take the case. You can always obtain an initial consultation to determine what the merits of any case are, what the prospects are of winning, and what the costs might be.
I recently purchased a home and have encountered several concerning issues that were not disclosed to me during the purchase process. Firstly, upon inspection, I discovered that there are no subfloors in the home, which was not mentioned prior to the purchase. Additionally, despite the assurance of freshly painted walls, the paint is now peeling off in large chunks throughout the house. And I’ve also noticed that there is water stains where the paint is coming off in the bathroom on the ceiling .Moreover, the seller was supposed to have the home exterminated due to signs of rodents in the attic, but this was not carried out as promised.
I feel that my real estate agent failed to adequately represent my interests in this transaction, as they did not ensure proper disclosures were made and failed to address these issues effectively. Despite repeated requests over the past year, I have yet to receive receipts for the extermination that was supposed to be conducted.
Given these circumstances, I am seeking advice on whether I have grounds to pursue legal action against the seller for failure to disclose the absence of subfloors, the poor condition of the paint, and the unfulfilled extermination agreement. Any insights or recommendations would be greatly appreciated.
Thank you.Mizzimba
What do you mean by "no subfloors"? Please be descriptive. What kind of floors are there?
Did you have a professional inspection? Was/is there sign of a current leak or moisture problem in the bathroom or elsewhere?
What was promised for the rats, and how do you know it wasn't done?
As already said, we can't (or shouldn't) give legal advice, but we do have experience and curiosity with houses and Real Estate transactions, so try to be more descriptive, maybe we can help/learn/explain/advise something.
The rats might have been exterminated, but unless their access points were remediated, they will return almost immediately. Receipts for the poisoning isn't going to change this. The problem was never really the rats, the problem was rat access.
You didn't indicate what type of flooring you have. Not all floors have subfloors, especially in older homes.
1. Subfloors: Was the subject of subfloors mentioned in the listing documents, the home inspection, or in the contract to purchase? If not, then your expectations or assumptions about them are not likely to be enforceable. Sellers don't typically offer guarantees on condition of the house other than to be in operational condition on the date of the closing.
2. Paint Condition: Similar to Subfloors above. Any mention of the paint conditions in listing documents, home inspection, or in the contract to purchase? If not, then it would have to be assumed that you had no problems with the paint condition. The exception to that would be if it's apparent that the seller made an obvious attempt to hide defects from the inspector and from your observations when you looked at the house. In that case, you might be able to get the seller to fix the problem or face the possibility of a lawsuit for failure to disclose a known defect along with attempts to conceal the defects.
3. Extermination Agreement: Typically, the seller would provide proof of a Termite Contract (or similar document) prior to the closing. If this wasn't provided, then you shouldn't have closed on the contract. If it was provided and you suspect termites or bugs of some kind, then call the company that provided the contract coverage and ask them to come and treat the house for the termites or bugs per the contract.
.
This is your answer exactly. No need to see an attorney unless you want to try to sue the realtor. I assume you had a contract with a buyer's agent? If so, you should have demanded better of him/her before the closing.
The burden is on you, the buyer. You are supposed to do due diligence (which could include pulling up a corner of carpet to expose flooring beneath) and a final walk through before closing on a property. Caveat Emptor.
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