Broken Agreement Between Myself and Realtors?

[Necrosaro420]

Kentucky


The reason I was asking, is because we purchased a home in March, we did not get a home inspection. On the disclosure form, it stated there was nothing wrong with the windows (along with several other things that were not correct). The windows had a glue gun taken around the edges to keep the windows shut and to stop water from coming in when there were no glue on them, we found this out the hard way when we tried to open our windows. I contacted our realtor (Semonin) and she (Angela) told me (I have emails of our conversaion) that to try our home warranty people, and if they do not pay for it, that Semonin will pay for the windows. I contacted the warranty company, they said windows were not covered on our warranty. So I contacted Angela (Semonin) back, and she then told me to send her an estimate so she could send it to her legal department to get them put in. I faxed her an estimate from Window World for $1028. I contacted once and she said she has not heard anything back from them, and the next time I contacted her, she told me that she has moved to another company and refered me to someone else in semonin. I contacted this new person whom was her manager, and she told me that Angela should not have said that, and they are not going pay for the windows, and that I need to contact the seller, if we cant work anything out with the seller, then try the home inspection, if not with that then I should take the seller to small claims court.

Is this considered a breach of contract between myself and Semonin? We had an agreement stating in writing (emails) that these would be paid for if the home warranty company would not pay for them, and now they say they (semonin) are not paying for them and we need to speak with the previous owner. Do I have a case?

Thanks! And love the site, keep up the great work!

[HuAi]

Originally Posted by Necrosaro420

On the disclosure form, it stated there was nothing wrong with the windows (along with several other things that were not correct).

What it stated was that the seller is not aware of anything being wrong with the windows. It's possible that this was a lie - and you would have to prove that the seller lied in order to prevail in court.

Your realtor is not in any way shape or form responsible for the truthfulness of the seller's disclosure. It was up to you to perform your due dilligence by ordering an inspection.

[Necrosaro420]

Originally Posted by HuAi

What it stated was that the seller is not aware of anything being wrong with the windows. It's possible that this was a lie - and you would have to prove that the seller lied in order to prevail in court.

Your realtor is not in any way shape or form responsible for the truthfulness of the seller's disclosure. It was up to you to perform your due dilligence by ordering an inspection.

The seller lived in the house for 9 years, he had to know this, or open the windows, glue isnt going to last that long =0


As far as the realtors (the company), they agreed with me that they would pay for the windows IF the warranty company would not pay for them, and the warranty company would not. I have in writing (emails) where they stated they would. So is this not a broken agreement (contract?) if they now refuse to pay for them?

[HomeGuru]

Originally Posted by Necrosaro420

Kentucky


The reason I was asking, is because we purchased a home in March, we did not get a home inspection.


**A: no home inspection- that was your first mistake.


#######
On the disclosure form, it stated there was nothing wrong with the windows (along with several other things that were not correct). The windows had a glue gun taken around the edges to keep the windows shut and to stop water from coming in when there were no glue on them, we found this out the hard way when we tried to open our windows. I contacted our realtor (Semonin) and she (Angela) told me (I have emails of our conversaion) that to try our home warranty people, and if they do not pay for it, that Semonin will pay for the windows. I contacted the warranty company, they said windows were not covered on our warranty. So I contacted Angela (Semonin) back, and she then told me to send her an estimate so she could send it to her legal department to get them put in. I faxed her an estimate from Window World for $1028. I contacted once and she said she has not heard anything back from them, and the next time I contacted her, she told me that she has moved to another company and refered me to someone else in semonin. I contacted this new person whom was her manager, and she told me that Angela should not have said that, and they are not going pay for the windows, and that I need to contact the seller, if we cant work anything out with the seller, then try the home inspection, if not with that then I should take the seller to small claims court.

Is this considered a breach of contract between myself and Semonin? We had an agreement stating in writing (emails) that these would be paid for if the home warranty company would not pay for them, and now they say they (semonin) are not paying for them and we need to speak with the previous owner. Do I have a case?

Thanks! And love the site, keep up the great work!

**A: talk with your principal broker, you know, your real estate agent's boss.

[Necrosaro420]

Originally Posted by HomeGuru

**A: talk with your principal broker, you know, your real estate agent's boss.

This is who she refered me to was her boss when she left the company, and the boss said no.

[HomeGuru]

Originally Posted by Necrosaro420

This is who she refered me to was her boss when she left the company, and the boss said no.

**A: no to what question? What specific question did you ask?

[Necrosaro420]

Originally Posted by HomeGuru

**A: no to what question? What specific question did you ask?

Her boss said no, after the realtor lady we used to purchase the home through said yes

[HomeGuru]

Originally Posted by Necrosaro420

Her boss said no, after the realtor lady we used to purchase the home through said yes

**A: what? Can you write so we can understand.

[Necrosaro420]

Originally Posted by HomeGuru

**A: what? Can you write so we can understand.

Im not sure what you dont understand, you asked:

**A: talk with your principal broker, you know, your real estate agent's boss.

I said:

This is who she refered me to was her boss when she left the company, and the boss said no. (the boss said no they will not pay for the windows)

Then you said: **A: no to what question? What specific question did you ask?

The one you asked me. Not sure how else to explain it =) The realtors x supervisor said no they will not pay for the winodws.