Numerous defects found after close of escrow

[betso]

Just purchased first home in California. Seller rented back from me 1 week after close of escrow. When I got into the property after they vacated, there were many defects that were not disclosed by seller or found by my inspector.

The house was occupied and full of junk during open houses & inspections so I did not see these defects but I think my inspector should have (mold on walls behind curtains & chairs). Defects were surely known by owner - they were glaring long term defects and many with sloppy patch jobs. The seller may not have known that the furnace was unsafe for use. The house is not habitable without heat.

I did not know I was entitled to a walkthrough before close of escrow. They rented back rather than accepting my proposal to delay closing because they 'needed the money for their home purchase.' I was in no hurry to move and was naive of the possible risks so I agreed.

Should my agent have advised me not to rent back? Should she have informed me of my right to walk through? Would discovering faults at walk through have mattered or is the purpose for confirming the property is in the same state as it was at offering? Should inspector have moved curtains & chairs? What is the seller obligated to disclose? Thank you.

[HomeGuru]

Originally Posted by betso

Just purchased first home in California. Seller rented back from me 1 week after close of escrow. When I got into the property after they vacated, there were many defects that were not disclosed by seller or found by my inspector.

The house was occupied and full of junk during open houses & inspections so I did not see these defects but I think my inspector should have (mold on walls behind curtains & chairs). Defects were surely known by owner - they were glaring long term defects and many with sloppy patch jobs. The seller may not have known that the furnace was unsafe for use. The house is not habitable without heat.

I did not know I was entitled to a walkthrough before close of escrow. They rented back rather than accepting my proposal to delay closing because they 'needed the money for their home purchase.' I was in no hurry to move and was naive of the possible risks so I agreed.

Should my agent have advised me not to rent back? Should she have informed me of my right to walk through? Would discovering faults at walk through have mattered or is the purpose for confirming the property is in the same state as it was at offering? Should inspector have moved curtains & chairs? What is the seller obligated to disclose? Thank you.

**A: did your agent not review the seller disclosure law and TDS with you?

[betso]

(this is in California)
She did not review disclosure law. She rebuffed our questions about disclosure law (ignorance of?).

She did review the TDS, but:
- Now I know they did not disclose a significant fault (leak) that was asked in the TDS.

- The TDS is a standard form, very generalized, mostly about leins , claims, evictions, etc. If it doesn't specifically name a potential fault, then there is nowhere on the form to disclose it. there were no additional documents of disclosure other than the standard forms. the seller had done no inspections.

- the seller answered some other questions on the standard TDS with glaring inaccuracy. They are old and 'confused' - these examples were not deceitful. The wrong answers were not relevant to any of the newly found defects. When we noted the wrong answers ("is there air conditioning?" seller checked "yes" - there is not and has never been), our agent said this whole thing is just a formality and we just sign to acknowledge receipt of it not that we agree wit it.

Thanks for your input.

[HomeGuru]

Originally Posted by betso

(this is in California)
She did not review disclosure law. She rebuffed our questions about disclosure law (ignorance of?).

She did review the TDS, but:
- Now I know they did not disclose a significant fault (leak) that was asked in the TDS.

- The TDS is a standard form, very generalized, mostly about leins , claims, evictions, etc. If it doesn't specifically name a potential fault, then there is nowhere on the form to disclose it. there were no additional documents of disclosure other than the standard forms. the seller had done no inspections.

- the seller answered some other questions on the standard TDS with glaring inaccuracy. They are old and 'confused' - these examples were not deceitful. The wrong answers were not relevant to any of the newly found defects. When we noted the wrong answers ("is there air conditioning?" seller checked "yes" - there is not and has never been), our agent said this whole thing is just a formality and we just sign to acknowledge receipt of it not that we agree wit it.

Thanks for your input.

**A: home inspectors do not move stuff. You need to have a face to face meeting real soon with your principal broker. Your agent is an idiot.

[betso]

Originally Posted by HomeGuru

**A: home inspectors do not move stuff. You need to have a face to face meeting real soon with your principal broker. Your agent is an idiot.

Home inspectors won't even move curtains? what's the point?
I have an appt. tomorrow with my realtor and principal broker. This was an 'as is' sale. Does that change the disclosure requirement?
If I want to go to mediation, what do i have to do to make that happen?
thanks

[HomeGuru]

Originally Posted by betso

Home inspectors won't even move curtains? what's the point?

**A: take out your Inspection Agreement and read it. Also read the ASHI Standards of Practice [url]www.ashi.com[/url]

**********
I have an appt. tomorrow with my realtor and principal broker. This was an 'as is' sale. Does that change the disclosure requirement?

**A: no. And have your broke rexplain to you why the as-is condition does NOT change the seller disclosure law.
********
*******
If I want to go to mediation, what do i have to do to make that happen?
thanks

**A: ask your broker. And see if you agreed to arbitration.