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Bad House Inspection/Seller Fraud

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rnj12345

Guest
What is the name of your state? Pennsylvania

I purchased a home on 9/26/2003. I am a single female 1st time home buyer. I had the house inspected by a liscensed inspector, who was recommended to me by a friend. Within the 1st week of living in the house, I started to encounter major problems:
- Flooding in back yard
- need retaining wall
- heater replaced in 1st week due to gas leak
- A/C coil went
- water coming in house from back door and garage
- dishwasher leaking
- leask under every sink
- a pipe missing under 1 sink
- all outlets, lightswitches broken and miswired
- interior wires on the outside
- all flooring installed wrong
- all cabinets installed wrong
- all sinks, tubs, showers installed wrong, etc.
- need french drain and retaining wall in back
- deck rotted somewhat
- gas valves replaced, pipes replaced

Seller is a contractor and the seller's disclosure does not state this and it does not state any of the flooding issues, water in the house, or any remodeling.

Seller hid things during walk through such as standing on the floor to push it down so front door would open, not letting me run the dishwasher fully during final walk through insisting it worked. Having his wife mop of the leak while the inspector and I were outside while the dishwasher was running.

The inspector should have caught a lot of things if he turned on all of the switches, etc. He would have saw the dimmers not working, etc. This is from what people have told me. I also asked the inspector if I need a retaining wall and about flooding. He said I am lucky and do not need any of that,etc.

Township also inspects house for seller and issues a use and occupancy certificate to the seller. They require things such as GFI outlets, no leaks under sinks, fire door on garage to living room. Seller cannot sell home unless he has these items. Well, the township did not check for these items and the gfi's that they did check are not working.

At final walk through, the land had shifted a lot since the initial inspection, showing a need for a retaining wall. I told the real estate agent that I was going to ask for one at closing and she said it is landscaping (twice) and I was not allowed to ask for it.

I sent everyone but the agent certified letters with quotes for repairs and option to get their own repair person. Noone will cooperate. They blame the other person. I have started repairs since some things are a fire hazzard, I needed heat, and noone will cooperate. I have saved all materials (wires, flooring, etc., a/c coil) and took clear dated pictures.

Who is liable? I want to keep to small claims ($8000). Even though it is really more than that.

Is the township liable, agent, inspector, seller?

The seller hid things and committed fraud on the disclosure. Everything he touched is bad. My house is a major fire hazzard. I do not know how I did not notice certain things. It amazes me.

Please advise.



 


HomeGuru

Senior Member
rnj12345 said:
What is the name of your state? Pennsylvania

I purchased a home on 9/26/2003. I am a single female 1st time home buyer. I had the house inspected by a liscensed inspector, who was recommended to me by a friend. Within the 1st week of living in the house, I started to encounter major problems:
- Flooding in back yard
- need retaining wall
- heater replaced in 1st week due to gas leak
- A/C coil went
- water coming in house from back door and garage
- dishwasher leaking
- leask under every sink
- a pipe missing under 1 sink
- all outlets, lightswitches broken and miswired
- interior wires on the outside
- all flooring installed wrong
- all cabinets installed wrong
- all sinks, tubs, showers installed wrong, etc.
- need french drain and retaining wall in back
- deck rotted somewhat
- gas valves replaced, pipes replaced

Seller is a contractor and the seller's disclosure does not state this and it does not state any of the flooding issues, water in the house, or any remodeling.

Seller hid things during walk through such as standing on the floor to push it down so front door would open, not letting me run the dishwasher fully during final walk through insisting it worked. Having his wife mop of the leak while the inspector and I were outside while the dishwasher was running.

The inspector should have caught a lot of things if he turned on all of the switches, etc. He would have saw the dimmers not working, etc. This is from what people have told me. I also asked the inspector if I need a retaining wall and about flooding. He said I am lucky and do not need any of that,etc.

Township also inspects house for seller and issues a use and occupancy certificate to the seller. They require things such as GFI outlets, no leaks under sinks, fire door on garage to living room. Seller cannot sell home unless he has these items. Well, the township did not check for these items and the gfi's that they did check are not working.

At final walk through, the land had shifted a lot since the initial inspection, showing a need for a retaining wall. I told the real estate agent that I was going to ask for one at closing and she said it is landscaping (twice) and I was not allowed to ask for it.

I sent everyone but the agent certified letters with quotes for repairs and option to get their own repair person. Noone will cooperate. They blame the other person. I have started repairs since some things are a fire hazzard, I needed heat, and noone will cooperate. I have saved all materials (wires, flooring, etc., a/c coil) and took clear dated pictures.

Who is liable? I want to keep to small claims ($8000). Even though it is really more than that.

Is the township liable, agent, inspector, seller?

The seller hid things and committed fraud on the disclosure. Everything he touched is bad. My house is a major fire hazzard. I do not know how I did not notice certain things. It amazes me.

Please advise.

[/list]
**A: hire an attorney to sue the following parties; Seller, Seller's agent and broker, your agent and broker and the home inspector. The township messed up but have no or limited liability so it is not worth going after them. The licensed individuals may have E&O insurance to cover such claims. Forget small claims as this is a regular claims action.
 
R

rnj12345

Guest
If I go through regular court, I was told the legal fees would eat up my proceeds. If I win, I would ask for legal fees in the suit. But, if I lose, I just do not have the funds to cover the fees. Hence, why I was going for small claims. If I go after the agents initially, then I will have a hard time getting a lawyer. Almost every real estate attorney in my county deals with the real estate office and so it would be conflict of interest.


Why would the seller's agent be liable? In what manner?
 

annefan

Member
rnj12345 said:
If I go through regular court, I was told the legal fees would eat up my proceeds. If I win, I would ask for legal fees in the suit. But, if I lose, I just do not have the funds to cover the fees. Hence, why I was going for small claims. If I go after the agents initially, then I will have a hard time getting a lawyer. Almost every real estate attorney in my county deals with the real estate office and so it would be conflict of interest.

Why would the seller's agent be liable? In what manner?

You seem to have a favorable case, based upon what you stated about the transaction.
"ALMOST every real estate attorney in my county deals with the real estate office and so it would be conflict of interest"?
Then I'd suggest you look for the one's that don't.

Take the advice and hire the attorney.
 

HomeGuru

Senior Member
rnj12345 said:
If I go through regular court, I was told the legal fees would eat up my proceeds. If I win, I would ask for legal fees in the suit. But, if I lose, I just do not have the funds to cover the fees. Hence, why I was going for small claims. If I go after the agents initially, then I will have a hard time getting a lawyer. Almost every real estate attorney in my county deals with the real estate office and so it would be conflict of interest.

**A: you can hire an attorney out of county.
******
Why would the seller's agent be liable? In what manner?
**A: read your state real estate licensing rules and regs as wll as the National Association of Realtors Code of Ethics and Standards of Practice. The Seller's agent also has a duty and a standard of care to you, the Buyer.
 
C

Ct_Pumpkin

Guest
annefan said:
You seem to have a favorable case, based upon what you stated about the transaction.
"ALMOST every real estate attorney in my county deals with the real estate office and so it would be conflict of interest"?
Then I'd suggest you look for the one's that don't.

Take the advice and hire the attorney.

I wish you luck in your quest for justice. We are going thru the same thing with finding an atty to help us.
 

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