Buyer's Agent Negligence - Do I Need a Lawyer?

[rlg5150]

Kentucky

We hired a broker to help us buy our first home. The broker told us he would get the home inspected for termites. At closing, he said that it had been done and that he would give us a copy. We assumed he would have told us if it was not a good report before this time.

After moving in, we found termite damage. I called him and he apologized saying he put a termite inspection report from the wrong property in our file and offered to pay for an inspection. I told him that we already got an inspection and that we have damage. He has offered to pay for repairs.

I don't think the damage is too extensive, but I'm no contractor. He has admitted his mistake and offered to "make it right" but I have a feeling I should contact you a lawyer just in case. I've never talked to a lawyer so I am a bit intimidated. I'm not trying to get a free lunch here, I just want the damaged repaired.

Thanks,

 

[Zigner]

Kentucky

We hired a broker to help us buy our first home. The broker told us he would get the home inspected for termites. At closing, he said that it had been done and that he would give us a copy. We assumed he would have told us if it was not a good report before this time.

After moving in, we found termite damage. I called him and he apologized saying he put a termite inspection report from the wrong property in our file and offered to pay for an inspection. I told him that we already got an inspection and that we have damage. He has offered to pay for repairs.

I don't think the damage is too extensive, but I'm no contractor. He has admitted his mistake and offered to "make it right" but I have a feeling I should contact you a lawyer just in case. I've never talked to a lawyer so I am a bit intimidated. I'm not trying to get a free lunch here, I just want the damaged repaired.

Thanks,

He's offered to pay for repairs. Why do you need a lawyer?

 

[rlg5150]

He's offered to pay for repairs. Why do you need a lawyer?

Well, that's why I'm asking. I guess my concern is what if it turns out to be more than he expected? If I would then need a lawyer to that point, I wondered if I should go ahead and contact one now.


Thanks,

 

[Zigner]

Well, that's why I'm asking. I guess my concern is what if it turns out to be more than he expected? If I would then need a lawyer to that point, I wondered if I should go ahead and contact one now.


Thanks,

At this point, you have a working relationship with the broker. Hiring an attorney will make it an adversarial relationship. I would suggest that you work with the broker to have him fix the damage. If he refuses, or if things get sticky with him, then contact an attorney.

 

[quincy]

Kentucky

... After moving in, we found termite damage. I called him and he apologized saying he put a termite inspection report from the wrong property in our file and offered to pay for an inspection. I told him that we already got an inspection and that we have damage. He has offered to pay for repairs.

I don't think the damage is too extensive, but I'm no contractor. He has admitted his mistake and offered to "make it right" ...

I recommend you get in writing the broker's promises to pay for the repairs necessary and have the broker sign the agreement. You can visit with an attorney and have the attorney draft the written agreement to ensure it covers all that it needs to cover. The agreement to pay for repairs should include a time within which the repairs must be made.

I agree with Zigner that you do not want to damage your current relationship with the broker by involving an attorney in any other way (at this point) than with help in drafting the agreement.

Good luck.

 

[Zigner]

I recommend you get in writing the broker's promises to pay for the repairs necessary and have the broker sign the agreement. You can visit with an attorney and have the attorney draft the written agreement to ensure it covers all that it needs to cover. The agreement to pay for repairs should include a time within which the repairs must be made.

I agree with Zigner that you do not want to damage your current relationship with the broker by involving an attorney in any other way (at this point) than with help in drafting the agreement.

Good luck.

I would actually suggest that the OP attempt to have the broker contract with and pay for the repairs directly. There's really no reason the OP should pay and then have to chase down payment from the broker.

 

[quincy]

I would actually suggest that the OP attempt to have the broker contract with and pay for the repairs directly. There's really no reason the OP should pay and then have to chase down payment from the broker.

Sounds good to me.

But this should still be in writing and signed by all parties, in case a dispute arises later.

 

[rlg5150]

Thanks for the helpful replies.

I kind of feel like an idiot. Buyer beware, you know? But at the same time I was relying on this guy being a first time home buyer.