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  #1  
Old 04-18-2004, 06:12 PM
Blinded
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Unhappy

It NEVER Ends...Seller problems AGAIN!


What is the name of your state? Wisconsin
Awhile back I posted about numerous issues I was having with the seller of a home I was buying (wrote the offer in Nov'03). We FINALLY closed in late March.

Here's the latest deal: Basement wall had cracks but no bowing (according to an inspector) when we wrote the offer. A couple weeks later seller had to relocate driveway because of their development project, so they dug near the north wall with backhoe/bulldozer. The cracks got worse. We had a basement contractor out and they said we could repair/strengthen with vertical beams ($3200). Attorney suggested we ask sellers to credit us 1/2 the cost of the vertical beam quote, which they did.

I recently had another contractor out to get another bid and he said the beams could be used, but to not let any heavy equipment near the house (yard needed to be landscaped according to contingency & wasn't prior to closing, so we received an escrow check from the title company payable to a landscaper for work to be completed by May 15th).

Last week I drove past the property (we'll be renting to our daughter) and was shocked to see the entire yard and been filled in and graded. We had metal posts and yellow caution tape about 15 feet out from the bowing wall to keep people away (I had gas company coming out for another issue and didn't want them bringing equipment near the house), and whoever did the landscaping took down the posts & caution tape and ran their equipment about four feet from the bowing wall!!!!

We called the seller to ask if she had anything to do with this and she said she had one of her people do the work. We're just aghast because we closed on this house and had no reason to have to deal with the seller ever again. ***The landscape contract stated that the landscaper was to use the sellers topsoil (piled in the new subdivision), equipment, seed & straw. I talked to the landscaper the morning of the "discovery" and he told me he wouldn't get the work done until at least the beginning of May.
We called the police and they said they could not cite anyone for tresspassing since we didn't actually see them doing the work. We had the police call the seller and tell her to stay off the property and believe it or not, the next day she had someone come and use our driveway to pick up their huge dumpster on the lot behind us!!!!

The wall looks worse and could now need $7000 -$10000 in excavation repairs. The seller laughed and told us we should have called her to tell her to keep away from the wall.

So, I guess what I want to know is, if it turns out the wall needs to be excavated, can I sue the seller who had no business sending someone onto our property to do the landscaping?

Is there a way to file a complaint with the state realtors licensing board or something so this seller/realtor is disciplined or at least a record is made of her unethical practices?

Thanks for reading and any advice offered!

Sandy
  #2  
Old 04-18-2004, 07:45 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
You really need to hire a real estate attorney.
You can file a complaint with the state and the Board of Realtors against the Realtor.
  #3  
Old 04-20-2004, 08:20 AM
Conklinsky
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What did your attorney say?
Reading your privious posts you said you hired one.
  #4  
Old 04-21-2004, 10:14 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Maybe that hired one, the writer did a Donald Trump and said, "you're fired"
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