Contingent Purchase Agreement?

What is the name of your state? OHIO

In March 2000 we signed a purchase agreement contingent on inspection. We had the inspection done and were concerned about a area in the basement, it was a cold storage unit underneath the front porch. The inspection report vaugly mention that 2 metal beams which held the concrete slab to the porch were rusting. The seller agreed to have a contractor provide an estimate to correct the problem. We were not present, our BIG mistake. During the meeting with the contract the seller was giving the estimate to replace the beams, $750 Total, and was also told that the walls needed to be fixed because they were caving in, she was quoted approx. $16,000 for fixing that.

The seller brought back the estimate of $750 to us and we agreed to split the cost and we would get it fixed as soon as financial possible after buying the house.

In Sept. 2000 I had another contractor come in to get estimates on fixing the problem and was told that he couldn't just fix the beams without causing the walls to collapse.

My question is did the seller have a duty to notify us of the larger problem before we signed off on the inspection and the purchase contract became binding? Where do you feel we stand legally?

[HomeGuru]

Yes and yes.

My Attorney just notified me that they are backing out of the case 6 days after the pre-trial and we were scheduled to go to trial on the 14th. I have spent 2 1/2 years and $2,000 gearing up for this and now I am back to square one. What can I do? Where do I find another attorney who will take this to trial on a contingency?

[HomeGuru]

[quote]Originally posted by cdotyii
[b]My Attorney just notified me that they are backing out of the case 6 days after the pre-trial and we were scheduled to go to trial on the 14th. I have spent 2 1/2 years and $2,000 gearing up for this and now I am back to square one. What can I do? Where do I find another attorney who will take this to trial on a contingency?

**A: request a trial continuance and then search.

What is the name of your state? OH

THis is a continuation, but on a seperate matter!

Case Description:

I purchased a house in Mar. 2000 and had an inspection. The inspector mention two rusted metal beams in the cold storage unit under the front porch that needed to be replaced. The seller got an estimate for $750 to replace the beams and we split the cost $375/each and signed off on the inspection. The seller put a clause (hand-written) at the bottom of the final sale contract noting “Seller agrees to contribute $375 towards purchaser’s pre-paids. Purchasers accept home inspection. After title transfer seller is released from any liability”. This was fine with us at the time because we had agreed to get the beams fixed when we got back on our feet after buying the house and I thought it was to protect her if something happened before that time. In Sept. 2000 I had another contractor come out to give me an estimate on fixing the beams and was told that there was a much bigger problem and was given an estimate for $16,900 to replace the foundation and walls which were caving in. Later, I found out that the contractor who gave the seller the estimate for $750 also notified her at the time that it would cost around $15 - $16,000 to properly fix the area. The contractor told me that the seller was only interested in an estimate for the “Metal Beams” mentioned in Section #708 of the home inspection.

“Metal Beams under front porch are rusted and starting to buckle. This is a safety hazard and requires immediate attention. Suggest contact qualified licensed contractor for repairs/replacement as necessary.”

I have filed suits against both parties, the seller and the home inspector, and to date have had no resolution.

Against Inspector:

We are claiming that the inspector negligently did not disclose the depth or full nature of the problem in the cold storage unit which cause the seller to only get a estimate on the metal beams. We were scheduled to go to binding arbitration on 05/23/02 when our action was stayed due to federal bankruptcy case filing by inspector. The inspector had errors and omissions insurance that should cover the damages, but we can not get a judgement against him in order to file the claim. I have recently found out that the insurance company initially denied the claim saying they didn’t believe there was merit to the claim. We have two reports on the condition of the cold storage unit which we had done by a qualified P.E. or Forensic Engineer in which one states:

“The inspection revealed that the concrete slab is seriously deteriorated from water intrusion and freeze/thaw action. The steel forms and steel beams are deteriorated, all beams should be replaced. The tile walls are cracked and are moving inward. Walls and slab are leaking. Complete replacement is indicated.

It is in the writer’s opinion that a qualified professional, either engineer or inspector, viewing the area would be aware of the condition and the repairs required both the nature and extent. The extent of the condition should be readily apparent.”


How can I proceed?

[HomeGuru]

What is the status of your lawsuit against the Seller? You ned to talk to your attorney about the home inspector BK. There is nothing you can do during the stay.