Seller Disclosure and lack of disclosing info.

[mark1210]

I need some advice, we purchased a home in TX and have had many probelms with it. The seller lied on his disclosure about things we knew he had to know about. For instance he concealed damange to the carpet by throwing a rug over it, he indicated repairs were scheduled to be completed in 30 days and they were never done. Our agent selected an inspection company to check over the home and found very little. Our agent also provided us with an inspection performed by another prospective buyer a week ahead of us and that report indicated more wrong with the home. When we asked our agent about the two very different inspections he indicated the other was too picky and ours was right. He also indicated since that inspections was performed for someone else we could not go by it. What recourse do I have if any? We had one of Ebby Halliday's managers out to the home and she indicated they were somewhat responsible (words from her mouth) and now 2 weeks later she is less willing to take responsibility and telling me to take it up with the seller and inspector. Seems like Ebby is still implciated they selected the inspector and failed to represent us and our best interests. For more info take a look at http://www.ebbysucks.com/

Thanks for any advice.

 

[HomeGuru]

I need some advice, we purchased a home in TX and have had many probelms with it. The seller lied on his disclosure about things we knew he had to know about. For instance he concealed damange to the carpet by throwing a rug over it,

**A: he's guilty.
**********


he indicated repairs were scheduled to be completed in 30 days and they were never done.

**A: then you should have terminated the transaction or had the Seller set aside monies in escrow only to be released to the licensed repair contractor upon completion.
**************

Our agent selected an inspection company to check over the home and found very little.

**A: your agent has third party liability and is guilty of collusion, unfair and deceptive trade practices etc.
************

Our agent also provided us with an inspection performed by another prospective buyer a week ahead of us and that report indicated more wrong with the home. When we asked our agent about the two very different inspections he indicated the other was too picky and ours was right.

**A: it does not take a rocket scientist to conclude that the other inspector id a more thorough job. In fact, this agent created a situation whereby the agent was acting as a home inspector since he could tell who was right or wrong.
The key determination should be based on if your inspector followed the standards of pratice of a nation home inspection association such as www.ashi.com
Notwithstanding, I would surmise that if you are buying what could be the largest investment of your lifetime , you would want a picky home inspector.
*************

He also indicated since that inspections was performed for someone else we could not go by it.

**A: Total crock and BS. The real story is that if you relied on the inspection report completed by a third party, you could not sue the inspector because you were not a party to the inspection agreemment and the inspection report was not completed for you as the client.
So what, you still could have relied on the inspection report for due diligence information. In addition, the information contained in the report should have been used as part of the Seller disclosure statement.
************

What recourse do I have if any? We had one of Ebby Halliday's managers out to the home and she indicated they were somewhat responsible (words from her mouth) and now 2 weeks later she is less willing to take responsibility and telling me to take it up with the seller and inspector. Seems like Ebby is still implciated they selected the inspector and failed to represent us and our best interests. For more info take a look at http://www.ebbysucks.com/

**A: it appears that mnot only so you have a claim against the Seller but one against your own real estate agent.
Check out your State real estate licensing laws and rules and the Realtor Code of Ethics www.nar.realtor.com

Your real estate agent was a terrible agent.
Hire an attorney to represent you and go after the errors and omissions insurance and State licenses of the real estate principal broker, salesperson (your agent) and the home inspector.

 

[mark1210]

Another Question

Thank you for your advice, I appreciate it greatly.
After writing back and forth to their lawyer they are
still denying any liability and are still directing us
to the seller and inspector. Did you think the
site I mentioned is fair and could possibly get me
into legal trouble?

Thanks again.

 

[HomeGuru]

Re: Another Question

Thank you for your advice, I appreciate it greatly.
After writing back and forth to their lawyer they are
still denying any liability and are still directing us
to the seller and inspector.

**A: Well that's the job of their attorney. You are at a serious disadvantage because you are a layperson going against a legal counselor. You need to level the playing field and hire your own attorney.

********************


Did you think the
site I mentioned is fair and could possibly get me
into legal trouble?

**A: I have no idea since I only read your side of the story and have not heard theirs. But at face value. the information appears true and could have really happened. If it is in fact true, the information contained in your website is protected by the First Ammendment.
Hire an attorney now and kick their butts. File complaints with the BBB, the State regulatory agencies, the real estate and home inspection boards/associations etc.

If your attorney needs help, let me know.

 

[mark1210]

thanks!

Thanks again, I know what I'll be doing next week!

 

[HomeGuru]

Next week?
Start today or tomorrow.

 

[mark1210]

He left no fowarding Address Grrrrrr!!!

I started today, in an effort to make good on
our mediatation before litigation contract we
contacted his agent at Century 21 to get his
address to set up mediation and guess what?
He left no forwarding address with them, his mail
has be coming here off and on so apparently
he didn't leave the USPS a forwarding address either.
Since we made the attempt to live up to our contractual
responsibility to set up mediation first we should be
ok to pursue litigation right? Hopefully our attorney has
a way to get ahold of him.

Thanks again!

 

[HomeGuru]

That's ok because by law, his principal broker is responsible for HIS actions.