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I am flabbergasted at how long it takes to get through this where you are. We have an arbitration clause here and you would have been done and over in 6-9 months. I'm really hoping 2015 is the end of this for you.
Incredible. I was just thinking about your whole situation and wondering what was happening. It is so nice that you keep us all updated. I hope this saga ends soon.
I really admire your tenacity. You've hung in there when most would have given up. I can't wait until you post letting us know that you've finally won! Good luck and best wishes.
OMG WOW! I just read all of the OP's post and even though I'm in shock, I'm not surprised about some things since I have been part of a deal with a selling realtor who didn't disclose water intrusion on his porch and standing water for longer times.
The buyers who were represented by our office declined a mold inspection and we have a signed paper showing they declined and the home inspector never lifted the carpet on the porch or he would have seen that the bottom of that carpet was completely molded.
We discovered the house to be fully mold infested a few days after closing since from the day of closing we had huge storms and lots of rain causing the back yard to be flooded all the way up the sliding doors and the buyers called me about it and we arranged a contractor who is specialized in that type of work to take a look and he stated the grading was wrong and he changed the grading later with French drains and leveling the yard better so the water would run differently.
The sellers stated that they didn't fill anything out about water on the property since for them it wasn't a "biggie" as he put it.
The buyers were concerned about the mold under the porch carpet and hired a mold company to inspect the house and they discovered that behind the drywall the entire house was infested with black mold and they had to move out right away.
The entire house had not one physical sign of mold on the walls, etc. The seller had put in all new baseboards but we never thought anything of that. The house didn't smell like mold at all which is almost more scary since now I'm getting to the point that you really need a mold inspection for every property even though I never had it for my own properties.
The buyers ended up tearing down all walls, 2 year old kitchen taken out, etc. and the insurance wouldn't pay since there was no mold inspection.
The buyers lived with family close to 4 months and decided that to go to court it would be too much for them since they met with 3 lawyers who couldn't help them since that realtor was with a brokerage that they did business with and already having taken off that many times they got discouraged so that realtor got away with it but hopefully the OP's realtor doesn't get away with it.
I have written about a realtor with 3 felonies for grand theft who is still in the business although she doesn't do much but she still has access to homes. The State Attorney didn't do much other then referring me to the Real Estate Board and file a complain and she hired a lawyer and could keep her license. Her license was obtained while she was on probation after 3 felonies and her last sentence was 15 months in State prison but was revised to 3 years probation.
I'm disappointed that the public is let down by the people in charge of the licensing boards and make us as realtors/brokers getting a bad name.
Yesterday I run into a property where the agent failed to disclose that the adjacent property is a sinkhole property and I informed him in writing but never heard back (yet) since now he can't claim not to know and he has to disclose it regardless of who the seller is and even if the seller hasn't lived there he will need to disclose it.
Back to the OP's story and how long it has been dragged out. I hope the sellers end up broke after paying you back since what they have willingly done to you should be punished.
It makes our profession look bad, is unethical and we take an oath to be ethical.
Did you ever contact the realtors broker? I assume the property disclosures were written on the brokerage papers or State papers but the listing agreement and/or the listing must have been with a listing office. Just as our office and I'm the broker we have E&O insurance which of course doesn't cover this claim since the realtors were dishonest, but that way the realtors can deal with more issues and if it was one of my realtors I would not keep them a minute longer as an agent with our office.
There is also a real estate fund which is for certain claims and if a realtor is found to be guilty than the realtor has to pay the money back to the fund and up to till the last penny is paid back their license is suspended and can or will be revoked.
I believe the amount is $ 150,000 but I might be wrong since I never dealt with it other then learning it for my realtor and later for my broker license but I can look it up of course. It may also be different from State to State but I would think that your real estate lawyer is aware of that fund and if that is applicable in your case or not.
This and stories like this make me sick to my stomach and should be punishable by jail sentence ...to have a buyer go through years of things like this and sleepless nights, stress in the family, time lost and home owners dream shattered to the point of disgust is awful and can't be put in words.
I'm terribly sorry! Hopefully sooner than later the end is near of this saga and a nice reward will come to you.
This should absolutely be reported in the media. If the news channels won't pick it up then go to a consumer website or one of the National programs about consumer issues or a local newspaper but first ask your lawyer if that is ok or if you have to wait until later. Don't ruin the case by doing anything wrong.
It's a shame how many dishonest people are out there...just to make a quick buck!!
I think my realtor was also the broker. They actually owned the Real Estate Company (the people who sold me the house). I had a different agent show me the house, not them, but they still are liars! They owned that house for over 23 years and knew exactly what was wrong with it.
I tried several times with different media (local news stations) but no one ever responded back to me. I do feel that this should be known to the public, but I've been very careful and quiet so everything is done correctly. It wouldn't suprise me if they and their lawyer found this thread and were reading everything (hi!!). There is a lot they don't know
I will update again after the status conference, yay! Yes, it may sound weird...but just happy to see something happen! It would be nice to see a trial date set, too.
Thanks again to everyone who has posted positive support, it is appreciated!!!
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