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  1. #1
    Cougar0622 is offline Junior Member
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    Angry How do I sue the previous homeowners?

    What is the name of your state (only U.S. law)? NV

    I just bought a home and closed in June.
    The property was bought by the prior owners to fix and sell.
    When I saw the home and purchased it, everything was "fixed." New stained concrete flooring, new paint, some new fixtures, etc.
    I had a home inspection. They inspector found 2 broken windows, a problem with the gas lines, and some water leaks. I asked for them to be fixed. The old homeowners said they did fix them.
    They did not. Once I closed on the property, I discovered that the water leaks were not fixed. Since purchasing the home, the items they fixed before selling have all had to be redone because of poor quality...
    1) They floated a concrete slab over the foundation and stained it. They never cured the stain, so when the floor was washed, the stain came up. I had to re-do the flooring.
    2) The 2 water leaks a) upstairs bathroom: leaked from tub faucet behind the wall and into the garage. Ruined 4 boxes of items and caused mold throughout the bathroom wall and floor. Had to rip out wall and flooring, treat mold, and replace. b) under kitchen sink: leaked from disposal, had plumber out two times to fix pipe and disposal where leak was coming from...ruined cabinet with water damage. Have to replace due to warping and mold damage.
    3) The inside of the house had been painted. They walls never treated, so the paint is bubbling and peeling in any location that the sun light hits. I need to repaint all 4 bedrooms, kitchen, family room, living room, and dining area.
    4) I never received a Seller's Real Property Disclosure Form until after the sale of the house.

    I am now stuck with mold and a house full of needed work and they refused to cover closing costs when the house did not appraise.
    How do I go about suing them for the repairs that should have been done and the lack of disclosure?
  2. #2
    Zigner is offline Senior Member
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    Why didn't the re-inspection catch these things?
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Cougar0622 View Post
    What is the name of your state (only U.S. law)? NV

    I just bought a home and closed in June.
    The property was bought by the prior owners to fix and sell.
    When I saw the home and purchased it, everything was "fixed." New stained concrete flooring, new paint, some new fixtures, etc.
    I had a home inspection. They inspector found 2 broken windows, a problem with the gas lines, and some water leaks. I asked for them to be fixed. The old homeowners said they did fix them.
    They did not. Once I closed on the property, I discovered that the water leaks were not fixed. Since purchasing the home, the items they fixed before selling have all had to be redone because of poor quality...
    1) They floated a concrete slab over the foundation and stained it. They never cured the stain, so when the floor was washed, the stain came up. I had to re-do the flooring.
    2) The 2 water leaks a) upstairs bathroom: leaked from tub faucet behind the wall and into the garage. Ruined 4 boxes of items and caused mold throughout the bathroom wall and floor. Had to rip out wall and flooring, treat mold, and replace. b) under kitchen sink: leaked from disposal, had plumber out two times to fix pipe and disposal where leak was coming from...ruined cabinet with water damage. Have to replace due to warping and mold damage.
    3) The inside of the house had been painted. They walls never treated, so the paint is bubbling and peeling in any location that the sun light hits. I need to repaint all 4 bedrooms, kitchen, family room, living room, and dining area.
    4) I never received a Seller's Real Property Disclosure Form until after the sale of the house.

    I am now stuck with mold and a house full of needed work and they refused to cover closing costs when the house did not appraise.
    How do I go about suing them for the repairs that should have been done and the lack of disclosure?
    **A: where is your Realtor? Who did you hire to confirm that the repairs were made correctly? What is the dollar amount of your damages? Does the Seller have any money?
  4. #4
    Cougar0622 is offline Junior Member
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    Response

    Quote Originally Posted by Zigner View Post
    Why didn't the re-inspection catch these things?
    Home inspections look for visual problems with the structure and components of the home. He caught the water leaks....they don't discuss floor not being properly cured...no way to know, don't discuss paint, cosmetic things unless they damage the structure.

    I don't blame the inspector at all. It the homeowners who failed to repair the property correctly.

    Realtor won't call me back. We were in a time crunch to move because my lease was up. Owner said water leaks were fixed. Dollar amount is 5-7 thousand dollars. Seller does have money.
  5. #5
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Cougar0622 View Post
    Home inspections look for visual problems with the structure and components of the home. He caught the water leaks....they don't discuss floor not being properly cured...no way to know, don't discuss paint, cosmetic things unless they damage the structure.

    I don't blame the inspector at all. It the homeowners who failed to repair the property correctly.

    Realtor won't call me back. We were in a time crunch to move because my lease was up. Owner said water leaks were fixed. Dollar amount is 5-7 thousand dollars. Seller does have money.
    **A: so where is your response to my post?
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by Cougar0622 View Post
    Home inspections look for visual problems with the structure and components of the home. He caught the water leaks....they don't discuss floor not being properly cured...no way to know, don't discuss paint, cosmetic things unless they damage the structure.

    I don't blame the inspector at all. It the homeowners who failed to repair the property correctly.

    Realtor won't call me back. We were in a time crunch to move because my lease was up. Owner said water leaks were fixed. Dollar amount is 5-7 thousand dollars. Seller does have money.
    I didn't ask about the initial inspection...I asked about the re-inspection. You know...that procedure whereby you confirm the requested repairs were done...
  7. #7
    Stevef is offline Senior Member
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    If you have a written agreement that they will fix the leaks, and can show that they did not fix the leaks, they are in breach of contract.


    but....

    Check your closing documents. There may be a merger clause in there somewhere stating that all previous agreements are incorporated into the closing documents, and that YOU agree to take the house as is.
  8. #8
    justalayman is offline Senior Member
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    , the items they fixed before selling have all had to be redone because of poor quality..
    so, you are saying they did fix the defects, just not to your standards?




    The inside of the house had been painted. They walls never treated, so the paint is bubbling and peeling in any location that the sun light hits
    Treated? What treatment are you suggesting is required prior to painting walls?

    1) They floated a concrete slab over the foundation and stained it. They never cured the stain, so when the floor was washed, the stain came up. I had to re-do the flooring.
    Cured the stain? Just what are you you suggesting they had to do to cure the stain? Could it be that you washed the fresh stain before it had properly cured?

    They inspector found 2 broken windows, a problem with the gas lines, and some water leaks. I asked for them to be fixed. The old homeowners said they did fix them.
    If those items were not fixed, then you likely have a claim.

    2) The 2 water leaks a) upstairs bathroom: leaked from tub faucet behind the wall and into the garage. Ruined 4 boxes of items and caused mold throughout the bathroom wall and floor. Had to rip out wall and flooring, treat mold, and replace. b) under kitchen sink: leaked from disposal, had plumber out two times to fix pipe and disposal where leak was coming from...ruined cabinet with water damage. Have to replace due to warping and mold damage.
    as others have said, what did the inspector say upon re inspection?

    and just how quickly are you claiming this mold grew? If it was preexisting, the inspector should have caught it when he noted there was a leak (they do kind of go together).

    as to the disposal leak: was the damage to the cabinet before or after your plumber fixed it the first time; the second time?


    they refused to cover closing costs when the house did not appraise
    was that in their contract? and if not, you have no right to argue the point now. and why did you continue the purchase that did not meet appraisal?
  9. #9
    Cougar0622 is offline Junior Member
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    Quote:
    , the items they fixed before selling have all had to be redone because of poor quality..

    so, you are saying they did fix the defects, just not to your standards? did not fix them.

    The inside of the house had been painted. They walls never treated, so the paint is bubbling and peeling in any location that the sun light hits

    Treated? What treatment are you suggesting is required prior to painting walls? They should have Kilz the walls or used a primer to prevent it.

    1) They floated a concrete slab over the foundation and stained it. They never cured the stain, so when the floor was washed, the stain came up. I had to re-do the flooring.

    Cured the stain? Just what are you you suggesting they had to do to cure the stain? Could it be that you washed the fresh stain before it had properly cured?
    The concrete should have been set for 30 days prior to staining it...I checked with several contractors. It took me 6 weeks to buy the house. The stain was not fresh when I purchased it...at least 6 weeks old. The concrete was stained prior to 30 days of floating a slab.


    They inspector found 2 broken windows, a problem with the gas lines, and some water leaks. I asked for them to be fixed. The old homeowners said they did fix them.

    If those items were not fixed, then you likely have a claim.

    Water leaks were not fixed. Mold in the walls and under flooring because of it.

    2) The 2 water leaks a) upstairs bathroom: leaked from tub faucet behind the wall and into the garage. Ruined 4 boxes of items and caused mold throughout the bathroom wall and floor. Had to rip out wall and flooring, treat mold, and replace. b) under kitchen sink: leaked from disposal, had plumber out two times to fix pipe and disposal where leak was coming from...ruined cabinet with water damage. Have to replace due to warping and mold damage.

    as others have said, what did the inspector say upon re inspection?

    and just how quickly are you claiming this mold grew? If it was preexisting, the inspector should have caught it when he noted there was a leak (they do kind of go together).

    as to the disposal leak: was the damage to the cabinet before or after your plumber fixed it the first time; the second time?

    No reinspection unfortunately. Mold was in walls and under flooring...leak in bathroom was bigger internally than externally. Inspectors don't look into the walls.
    Damage to cabinet was before plumber fixed it. Water was turned off after the inspection...did not discover it was still leaking until after I moved in.

    they refused to cover closing costs when the house did not appraise

    was that in their contract? and if not, you have no right to argue the point now. and why did you continue the purchase that did not meet appraisal?

    I needed to move and had 6 weeks to get out of my current place. I had no choice to go along with the house appraisal. I paid the difference. They had said they would cover it the closing costs, but the way it was written in the contract was unclear on their side and they argued after it didn 't appraise that it didn't mean they would pay the costs...I needed a house so I paid the difference.


    My initial question still stands regardless of everything else. How do I go about suing them? Do I need a lawyer? Can I take them to small claims court? What steps must I take to go about suing them?
  10. #10
    Cougar0622 is offline Junior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: so where is your response to my post?
    Realtor won't call me back. We were in a time crunch to move because my lease was up. Owner said water leaks were fixed. Dollar amount is 5-7 thousand dollars. Seller does have money.

    It was in the end of the other one.


    How do I go about suing the homeowner?
  11. #11
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Cougar0622 View Post
    Realtor won't call me back. We were in a time crunch to move because my lease was up. Owner said water leaks were fixed. Dollar amount is 5-7 thousand dollars. Seller does have money.

    It was in the end of the other one.


    How do I go about suing the homeowner?
    **A: what about answering my three later questions.
  12. #12
    Cougar0622 is offline Junior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: what about answering my three later questions.
    I don't think the questions asked have any bearing on my initial question. I didn't post my question to get into every single detail...I just need to know how to go about suing the previous homeowner. I appreciate your help, but if I can't get an answer to that, than we are both wasting our time...and that is something I just don't have a huge spare of. Sorry!
  13. #13
    seniorjudge is offline Senior Member
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    Quote Originally Posted by Cougar0622 View Post
    I don't think the questions asked have any bearing on my initial question. I didn't post my question to get into every single detail...I just need to know how to go about suing the previous homeowner. I appreciate your help, but if I can't get an answer to that, than we are both wasting our time...and that is something I just don't have a huge spare of. Sorry!
    Hire a lawyer.
    There are two rules for success:

    (1) Never tell everything you know.
  14. #14
    seniorjudge is offline Senior Member
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    Quote Originally Posted by HomeGuru View Post
    **A: where is your Realtor? Who did you hire to confirm that the repairs were made correctly? What is the dollar amount of your damages? Does the Seller have any money?
    You didn't want to answer these questions here.

    Be prepared, however, to answer them when you go to see the lawyer you hire.
    There are two rules for success:

    (1) Never tell everything you know.
  15. #15
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Cougar0622 View Post
    I don't think the questions asked have any bearing on my initial question. I didn't post my question to get into every single detail...I just need to know how to go about suing the previous homeowner. I appreciate your help, but if I can't get an answer to that, than we are both wasting our time...and that is something I just don't have a huge spare of. Sorry!
    **A: the you are going to have to spend both time and money now.

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