Liability issue

My husband and I just purchased a house the first part of September. Our real estate agent assisted us in finding contractors for both the pest inspection and the whole home inspection. Based on the information found in these inspections, we negotiated the terms of the sale of the house.

With the house, we purchased the spa owned by the sellers. Maybe by instinct, we decided to buy the 1 yr. home warranty to cover the spa---just in case. We never got to turn it on as it was empty when we did walk-throughs, etc.

Lo and behold, we fill the spa up, it doesn't work. I call American Home Sheild, the home warranty company, and they set me up with a spa technician. He informs me that he knows what the spa requires to be fixed, but he nor any other licensed contractor wil not touch the spa as it was bootlegged and the electrical wiring is not up to code.

Three estimates later, I'm seething mad because I want action on this item. Our home inspection guy sent us a reimbursement check and a release of liability waiver (which tends to make me feel he is liable as he said nothing about the wiring not being up to code). The sellers also didn't disclose the fact the wiring wasn't to code.

My question is this: who would be liable in this type of situation as I am ready to go to small claims court to get this handled. The seller's agent said we had the opportunity to have the spa inspected (which we did and the inspector told us it needed a GFI only which we negotiated in the contract to have repaired) so the seller's don't feel they're liable. My agent is hopping around like a frog on a hot grill which leads me to believe he might have some liability, but I just want the situation resolved and to be able to get in my spa! The Contractor's State License Board tells me the house never should have been sold without permits pulled and both agents could be liable...HELP!! Who should I name on the small claims court papers or how do I get this handled promptly?

Thank you in advance for your consideration and assistance.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tmgrif:
My husband and I just purchased a house the first part of September. Our real estate agent assisted us in finding contractors for both the pest inspection and the whole home inspection. Based on the information found in these inspections, we negotiated the terms of the sale of the house.

With the house, we purchased the spa owned by the sellers. Maybe by instinct, we decided to buy the 1 yr. home warranty to cover the spa---just in case. We never got to turn it on as it was empty when we did walk-throughs, etc.

Lo and behold, we fill the spa up, it doesn't work. I call American Home Sheild, the home warranty company, and they set me up with a spa technician. He informs me that he knows what the spa requires to be fixed, but he nor any other licensed contractor wil not touch the spa as it was bootlegged and the electrical wiring is not up to code.

Three estimates later, I'm seething mad because I want action on this item. Our home inspection guy sent us a reimbursement check and a release of liability waiver (which tends to make me feel he is liable as he said nothing about the wiring not being up to code). The sellers also didn't disclose the fact the wiring wasn't to code.

My question is this: who would be liable in this type of situation as I am ready to go to small claims court to get this handled. The seller's agent said we had the opportunity to have the spa inspected (which we did and the inspector told us it needed a GFI only which we negotiated in the contract to have repaired) so the seller's don't feel they're liable. My agent is hopping around like a frog on a hot grill which leads me to believe he might have some liability, but I just want the situation resolved and to be able to get in my spa! The Contractor's State License Board tells me the house never should have been sold without permits pulled and both agents could be liable...HELP!! Who should I name on the small claims court papers or how do I get this handled promptly?

Thank you in advance for your consideration and assistance.<HR></BLOCKQUOTE>

1) seller guilty of misrepresentation and nondisclosure of material facts.

2) both agents guilty of not completing a building permit search and requesting full documentation that there was a permit for the spa and the respective work was completed by properly licensed electrician and plumbing contractors.

3. the home inspector, if the faulty wiring was visible, for not inspecting properly and in accordance with ASHI Standards of Practice.

First, thank you for your initial response.

Second, when I discussed the pulling permit matter with my realtor, he said this was no longer required and that within the last year there was something passed that took away their liability for this. This is taking place in Northern California---is this true or am I getting yanked around?

Now, I do have an appointment scheduled with an attorney who specializes in real estate law in my area, but before I spend $100 consultation fee, does it look like I have legitimate grounds for a small claims suit?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tmgrif:
First, thank you for your initial response.

Second, when I discussed the pulling permit matter with my realtor, he said this was no longer required and that within the last year there was something passed that took away their liability for this. This is taking place in Northern California---is this true or am I getting yanked around?

Now, I do have an appointment scheduled with an attorney who specializes in real estate law in my area, but before I spend $100 consultation fee, does it look like I have legitimate grounds for a small claims suit?<HR></BLOCKQUOTE>

I do not know what your agent is talking about and it makes no difference if the action occurred in Northern, Southern, Eastern or Western California. Because we are talking about STATE law. Ask for a copy of the State Statute that waives a real estate agent's liability to personally complete or advise the Buyers to complete a due diligence public records search on the subject property being purchased/sold.

You do have a case and it may be bigger than just a small claims action. Real estate Seller disclosure and Realtor standard of care issues are some of my specialties.