U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 01-24-2010, 01:45 PM
 
7 posts, read 33,629 times
Reputation: 13

Advertisements

I know this may be a touchy subject, but I feel that the seller's agent for a house I just bought did something very unethical. I'll give the very short version...

I recently bought a bank owned home. In the appraiser's conditions for the FHA loan, he said that a full plumbing inspection needed to be done of my home and that all repairs had to be made as to make the house safe.

I came to find out that there was a major leak in the hot water pipe after my living room flooded with a half inch of water, I developed a serious case of mold in the living room, and received a $1600 bill from a plumber, not to mention numerous holes throughout my house that the seller's agent never even ordered the plumbing inspection.

I asked the seller's agent who's responsibility it had been to order the inspection and he admitted it was his, but claims that the appraiser or someone else should have caught his mistake. I don't understand how the appraiser could have even known that the inspection was done because that's something he would rely on the seller's agent to have taken care of.

My question is, is there any action that I can take against the seller's agent. Despite my walls and flooring being ruined, all I really want is the money that they would have originally had to pay for the pipe to be fixed. I will suck up the damages myself, but I feel that he is trying to rip me off because he thinks I can't do anything. Would I have any chance in small claims court because of his negligence? Thanks!!!

Last edited by puffpuff1013; 01-24-2010 at 02:06 PM..
Rate this post positively Reply With Quote Quick reply to this message

 
Old 01-24-2010, 02:39 PM
 
Location: Martinsville, NJ
6,163 posts, read 12,147,267 times
Reputation: 3978
Quote:
Originally Posted by puffpuff1013 View Post
I know this may be a touchy subject, but I feel that the seller's agent for a house I just bought did something very unethical. I'll give the very short version...

I recently bought a bank owned home. In the appraiser's conditions for the FHA loan, he said that a full plumbing inspection needed to be done of my home and that all repairs had to be made as to make the house safe.

I came to find out that there was a major leak in the hot water pipe after my living room flooded with a half inch of water, I developed a serious case of mold in the living room, and received a $1600 bill from a plumber, not to mention numerous holes throughout my house that the seller's agent never even ordered the plumbing inspection.

I asked the seller's agent who's responsibility it had been to order the inspection and he admitted it was his, but claims that the appraiser or someone else should have caught his mistake. I don't understand how the appraiser could have even known that the inspection was done because that's something he would rely on the seller's agent to have taken care of.

My question is, is there any action that I can take against the seller's agent. Despite my walls and flooring being ruined, all I really want is the money that they would have originally had to pay for the pipe to be fixed. I will suck up the damages myself, but I feel that he is trying to rip me off because he thinks I can't do anything. Would I have any chance in small claims court because of his negligence? Thanks!!!
Where are you, that the SELLERS agent has the responsibility of ordering inspections for the BUYER that are required by the BUYERS lender? Certainly not here in my market, and in no market of which I am aware, is the SELLERS agent automatically responsibe for meeting conditions set by the BUYERS lender for the BUYER.

Further, if it was a condition of YOUR loan, did not YOU, YOUR agent and YOUR lawyer know that it was a condition, and did one of you not at least inquire about the satisfaction of this condition? And if it was a condition, but it was not done, how did the loan gat approved?

There's more here than you have said, I think.

Last edited by Bill Keegan; 01-24-2010 at 02:43 PM.. Reason: typos
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-24-2010, 02:55 PM
 
7 posts, read 33,629 times
Reputation: 13
Well the seller's agent had told my agent verbally, yes I know it should have been in writing, that the work had been done. This is my first time buying, so I honestly thought that if he said everything had been done, then it would have been done. I was told by the seller's agent that a contracting company had done all the required work. When the contracting company sent me the work that they agreed to do, nowhere in that document did it say that they would do an inspection.

Well when I spoke with the seller's agent, even though he admitted he was supposed to take care of it, he said that the loan should not have been approved without the conditions being met. Because of that, I'm not sure who's fault it would be.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-24-2010, 05:13 PM
 
26,589 posts, read 58,437,210 times
Reputation: 13121
I would get an attorney--you said that as a result you have mold? That's going to cost a lot more to remediate than you can possibly imagine.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-24-2010, 05:27 PM
 
Location: Hernando County, FL
8,488 posts, read 19,298,881 times
Reputation: 5397
You didn't have an inspection so I would think any claim would be thrown out pretty quickly.

I don't know why the sellers agent would have been responsible for ordering your inspection.

You may be able to try and go after your agent but I don't see where the sellers agent is liable.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-24-2010, 05:38 PM
 
Location: Pennsylvania
5,726 posts, read 10,850,042 times
Reputation: 9783
You might have more of a case against your agent for not getting the paperwork on the inspection to you.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-24-2010, 06:40 PM
 
Location: Boise, ID
8,047 posts, read 26,604,857 times
Reputation: 9406
Either way, one or both of the agents may have been negligent, but it doesn't sound like anyone behaved unethically. Unethical would have been to falsify documents saying work was done, for example.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-24-2010, 09:25 PM
 
Location: SW Missouri
15,861 posts, read 32,920,900 times
Reputation: 22595
Quote:
Originally Posted by puffpuff1013 View Post
I know this may be a touchy subject, but I feel that the seller's agent for a house I just bought did something very unethical. I'll give the very short version...

I recently bought a bank owned home. In the appraiser's conditions for the FHA loan, he said that a full plumbing inspection needed to be done of my home and that all repairs had to be made as to make the house safe.

I came to find out that there was a major leak in the hot water pipe after my living room flooded with a half inch of water, I developed a serious case of mold in the living room, and received a $1600 bill from a plumber, not to mention numerous holes throughout my house that the seller's agent never even ordered the plumbing inspection.

I asked the seller's agent who's responsibility it had been to order the inspection and he admitted it was his, but claims that the appraiser or someone else should have caught his mistake. I don't understand how the appraiser could have even known that the inspection was done because that's something he would rely on the seller's agent to have taken care of.

My question is, is there any action that I can take against the seller's agent. Despite my walls and flooring being ruined, all I really want is the money that they would have originally had to pay for the pipe to be fixed. I will suck up the damages myself, but I feel that he is trying to rip me off because he thinks I can't do anything. Would I have any chance in small claims court because of his negligence? Thanks!!!
If the inspector failed to see the problem you can sue them. That is what they carry errors and omissions insurance for. Regarding the seller's real estate agent, unless you can PROVE that they knew about the plumbing issue first hand, and did not tell you about it, they cannot be held responsible. But it is going to be next to impossible to prove, you know.

As with any transaction and especially a FORECLOSURE situation, all buyers are required to use due diligence when purchasing a house.

You do not mention if an inspection was done. If the bank instructed the selling agent to have an inspection and repairs completed before sale and they ignored the banks direction to do this, you might have a claim against them. It will be up to the judge.

Find out what the limitations are on small claims court before you decide to go that route. In some states you cannot place liens or garnish wages with only a small claims judgment. Every state is different.

Good luck

20yrsinBranson
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-25-2010, 08:36 AM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 20,848,458 times
Reputation: 6430
Well I may come across as cynical on this one but........ I say, sure file a lawsuit or arbitration if that was in your contract. Everybody sues everybody anymore, why should you be different? Besides, that's why we all carry Errors and Omissions insurance.

If I was the judge, I'd ask you the following questions or make you clarify: (in your post from the professionals forum, you say)
"I called and had the city turn on the water at the street. The water heater was turned on as well, but because the leak was so bad, the water never actually got hot." From what I know about plumbing, this would not be likely. It only takes an electric water heater 15 minutes or so to produce a noticeable rise in temperature, gas even less. I'd ask to to produce an expert witness to show me how this is possible.
"I don't know if the appraiser needed the water to actually be hot to sign off, but he did." They do check. I'd make you produce the appraiser in court.
"I think that because the appraiser came the day after the water was turned on, he was never able to see the water coming up from the slab." Was the leak in the slab of the house? If so, how would anyone be able to see the condition of the pipe during an inspection?
"A plumbing inspector would have caught this because, as I was told by the plumber, it is obvious that there is a leak because of the meter at the street."
I can't imagine a plumbing inspector looking at the meter end of a service.
"not to mention numerous holes throughout my house that the seller's agent never even ordered the plumbing inspection." I sure would like a clarification of that. Who drilled the holes? You're bring a case against the seller's agent and you say he didn't order this inspection? Who did? Produce the inspector and the bill for the inspection.

I wish you good luck in pursuing this, it doesn't sound completely right to me.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 01-25-2010, 06:01 PM
 
Location: Cranford NJ
1,049 posts, read 3,794,420 times
Reputation: 403
Caveat emptor means buyer beware. The burden is on the buyer to inspect what you are buying. Most bank owned homes require the buyer to take all responsibility.
Rate this post positively Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Similar Threads

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top