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wateredown
Guest
leaky roof/disclosures
I posted this in wrong place previously so this is penance:
What responsibility do the seller's and buyer's agents have to see that all agreed upon repairs are completed prior to closing...especially if buyers are out of state?
I posted this in wrong place previously so this is penance:
What responsibility do the seller's and buyer's agents have to see that all agreed upon repairs are completed prior to closing...especially if buyers are out of state?
Re: leaky roof/disclosures
**A: and what did your attorney say about this?
wateredown said:I posted this in wrong place previously so this is penance:
What responsibility do the seller's and buyer's agents have to see that all agreed upon repairs are completed prior to closing...especially if buyers are out of state?
**A: and what did your attorney say about this?
W
wateredown
Guest
Seller lied on disclosure
Evidently no love lost between the two. He called the seller's agent "lazy" in front of God and everybody at the closing, said he'd had trouble with him before. That's when closing attorney said HE was going to close, take responsibility, and go after seller's agent. Not sure if he did.
Of course, now that case has grown...it has become our baby.
New development today...met with closing attorney & basically asked for his help since he let us get into this mess. Showed him pics of rotted wood and cover up materials. He said he was going to call seller's attorney after he consulted with ours. Also advised us to keep cover up materials in a safe place as proves they had prior knowledge and still didn't disclose. Said in 12 yrs. he'd never seen seller's this deceptive.
He said we should call seller's agent and tell him what we think of him. Personally, at this point, it wouldn't accomplish much except get my bp up.
Our attorney called today and said to file a claim with our ins. co. knowing they would deny based on damage being prior to ownership. We think that's dangerous for us as in FL it's very difficult to get homeowners ins. as it is and could get us flagged for cancellation.
Evidently no love lost between the two. He called the seller's agent "lazy" in front of God and everybody at the closing, said he'd had trouble with him before. That's when closing attorney said HE was going to close, take responsibility, and go after seller's agent. Not sure if he did.
Of course, now that case has grown...it has become our baby.
New development today...met with closing attorney & basically asked for his help since he let us get into this mess. Showed him pics of rotted wood and cover up materials. He said he was going to call seller's attorney after he consulted with ours. Also advised us to keep cover up materials in a safe place as proves they had prior knowledge and still didn't disclose. Said in 12 yrs. he'd never seen seller's this deceptive.
He said we should call seller's agent and tell him what we think of him. Personally, at this point, it wouldn't accomplish much except get my bp up.
Our attorney called today and said to file a claim with our ins. co. knowing they would deny based on damage being prior to ownership. We think that's dangerous for us as in FL it's very difficult to get homeowners ins. as it is and could get us flagged for cancellation.
Re: Seller lied on disclosure
**A: how is it that you met with the closing attorney without your own attorney present?
wateredown said:Evidently no love lost between the two. He called the seller's agent "lazy" in front of God and everybody at the closing, said he'd had trouble with him before. That's when closing attorney said HE was going to close, take responsibility, and go after seller's agent. Not sure if he did.
Of course, now that case has grown...it has become our baby.
New development today...met with closing attorney & basically asked for his help since he let us get into this mess. Showed him pics of rotted wood and cover up materials. He said he was going to call seller's attorney after he consulted with ours. Also advised us to keep cover up materials in a safe place as proves they had prior knowledge and still didn't disclose. Said in 12 yrs. he'd never seen seller's this deceptive.
He said we should call seller's agent and tell him what we think of him. Personally, at this point, it wouldn't accomplish much except get my bp up.
Our attorney called today and said to file a claim with our ins. co. knowing they would deny based on damage being prior to ownership. We think that's dangerous for us as in FL it's very difficult to get homeowners ins. as it is and could get us flagged for cancellation.
**A: how is it that you met with the closing attorney without your own attorney present?
Last edited:
W
wateredown
Guest
leaky roof/disclosures/new info
They are friends. The closing attorney sent us to the trial guy.
He also knows the sellers' attorney. He said he would contact them both. We did call our trial guy and tell him. He was calling the closing guy right away. As I said this is a small city...one of those towns where everyone is apparently in everyone else's pocket.
Trial attorney already told us he & closing guy were friends & he won't sue him. Said we would have a hard time finding anyone around here who would?? We feel like we're between a rock & a hard place. The closing guy is a real estate attorney, figured since our trial guy wouldn't sue him, it might be to our advantage to see if he could/would help us out. We are into our savings big time and haven't begun to repair all the damage let alone the legal bills.
We paid for a house with a tile roof, built in cabinetry, nice carpeting all of which has to be torn out. We couldn't afford to put tile back on, shingled...now huge carpentry bill with all the structural repair.
I also called the seller's roofer. Asked if they did soffit/fascia repair. Said they did, so it sounds as though they covered up this mess but not brave enough to ask if they were told to. Are they liable too? They've been very amiable... almost too much so. Said seller hasn't paid them as yet for inspection repairs.
We aren't sleeping at night over this thing.
Additionally, we called the inspection co. as found visible window decay the inspector said he missed. It was so obvious there was no way he could have if he had actually looked at the windows. Told them we were upset that the guy wouldn't let spouse accompany him and that he didn't mention replaced tiles. I asked why he had left their company. We knew he had started his own business in this town. They said they FIRED him because he didn't allow buyers to accompany him on inspection tours. We are filing claim with the original co., but the inspector wants to meet with us. Should we tell him not without our attorney present? Geesh...anyone have a gas oven I can stick my head into?
They are friends. The closing attorney sent us to the trial guy.
He also knows the sellers' attorney. He said he would contact them both. We did call our trial guy and tell him. He was calling the closing guy right away. As I said this is a small city...one of those towns where everyone is apparently in everyone else's pocket.
Trial attorney already told us he & closing guy were friends & he won't sue him. Said we would have a hard time finding anyone around here who would?? We feel like we're between a rock & a hard place. The closing guy is a real estate attorney, figured since our trial guy wouldn't sue him, it might be to our advantage to see if he could/would help us out. We are into our savings big time and haven't begun to repair all the damage let alone the legal bills.
We paid for a house with a tile roof, built in cabinetry, nice carpeting all of which has to be torn out. We couldn't afford to put tile back on, shingled...now huge carpentry bill with all the structural repair.
I also called the seller's roofer. Asked if they did soffit/fascia repair. Said they did, so it sounds as though they covered up this mess but not brave enough to ask if they were told to. Are they liable too? They've been very amiable... almost too much so. Said seller hasn't paid them as yet for inspection repairs.
We aren't sleeping at night over this thing.
Additionally, we called the inspection co. as found visible window decay the inspector said he missed. It was so obvious there was no way he could have if he had actually looked at the windows. Told them we were upset that the guy wouldn't let spouse accompany him and that he didn't mention replaced tiles. I asked why he had left their company. We knew he had started his own business in this town. They said they FIRED him because he didn't allow buyers to accompany him on inspection tours. We are filing claim with the original co., but the inspector wants to meet with us. Should we tell him not without our attorney present? Geesh...anyone have a gas oven I can stick my head into?
Re: leaky roof/disclosures/new info
**A: I have an electric oven and you are welcome to use it.
You should be talking to attorney's that are not related and have no conflict of interest. Secondly, check to see if the home inspection company carries E&O insurance. Then follow up on going after the Seller, closing attorney and the home inspection company
wateredown said:They are friends. The closing attorney sent us to the trial guy.
He also knows the sellers' attorney. He said he would contact them both. We did call our trial guy and tell him. He was calling the closing guy right away. As I said this is a small city...one of those towns where everyone is apparently in everyone else's pocket.
Trial attorney already told us he & closing guy were friends & he won't sue him. Said we would have a hard time finding anyone around here who would?? We feel like we're between a rock & a hard place. The closing guy is a real estate attorney, figured since our trial guy wouldn't sue him, it might be to our advantage to see if he could/would help us out. We are into our savings big time and haven't begun to repair all the damage let alone the legal bills.
We paid for a house with a tile roof, built in cabinetry, nice carpeting all of which has to be torn out. We couldn't afford to put tile back on, shingled...now huge carpentry bill with all the structural repair.
I also called the seller's roofer. Asked if they did soffit/fascia repair. Said they did, so it sounds as though they covered up this mess but not brave enough to ask if they were told to. Are they liable too? They've been very amiable... almost too much so. Said seller hasn't paid them as yet for inspection repairs.
We aren't sleeping at night over this thing.
Additionally, we called the inspection co. as found visible window decay the inspector said he missed. It was so obvious there was no way he could have if he had actually looked at the windows. Told them we were upset that the guy wouldn't let spouse accompany him and that he didn't mention replaced tiles. I asked why he had left their company. We knew he had started his own business in this town. They said they FIRED him because he didn't allow buyers to accompany him on inspection tours. We are filing claim with the original co., but the inspector wants to meet with us. Should we tell him not without our attorney present? Geesh...anyone have a gas oven I can stick my head into?
**A: I have an electric oven and you are welcome to use it.
You should be talking to attorney's that are not related and have no conflict of interest. Secondly, check to see if the home inspection company carries E&O insurance. Then follow up on going after the Seller, closing attorney and the home inspection company
W
wateredown
Guest
Seller lied on disclosure
Thanks for the offer of the oven...mine isn't working! One last dumb question...E&O ins.??
Appreciate the information...new in town and not sure how to find an honest attorney but will persever. As I said, will probably have to go outside of this county.
You have been MOST helpful. Through all of this, there have been lessons and blessings.
#1. Never ever believe what you are told. Follow up, follow up, follow up.
#2. We broke our own rule of hiring an electrician, plumber, roofer, etc. instead of "inspection co.". Distance complicated things. We were in the far, far northwest moving to the far, far south. However, in retrospect, it would have been worth the trouble.
#3. Hire a closing attorney but NOT one recommended by the realtor.
#4. We have been blessed by having the good providence of having found a roofer who is not only an attorney but a God believing man of honor, a carpenter who preaches at his church AND does awesome work, a well pump installer who invited us to his church. a carpet saleswoman who prays for us daily and a faceless internet attorney who has guided us in the right direction.
Hopefully, someone will read this and also learn some lessons...without doing it the hard way.
Thanks and again...God bless you!
Thanks for the offer of the oven...mine isn't working! One last dumb question...E&O ins.??
Appreciate the information...new in town and not sure how to find an honest attorney but will persever. As I said, will probably have to go outside of this county.
You have been MOST helpful. Through all of this, there have been lessons and blessings.
#1. Never ever believe what you are told. Follow up, follow up, follow up.
#2. We broke our own rule of hiring an electrician, plumber, roofer, etc. instead of "inspection co.". Distance complicated things. We were in the far, far northwest moving to the far, far south. However, in retrospect, it would have been worth the trouble.
#3. Hire a closing attorney but NOT one recommended by the realtor.
#4. We have been blessed by having the good providence of having found a roofer who is not only an attorney but a God believing man of honor, a carpenter who preaches at his church AND does awesome work, a well pump installer who invited us to his church. a carpet saleswoman who prays for us daily and a faceless internet attorney who has guided us in the right direction.
Hopefully, someone will read this and also learn some lessons...without doing it the hard way.
Thanks and again...God bless you!
Re: Seller lied on disclosure
wateredown said:Thanks for the offer of the oven...mine isn't working! One last dumb question...E&O ins.??
**A: check out www.ashi.com
**********
Appreciate the information...new in town and not sure how to find an honest attorney but will persever. As I said, will probably have to go outside of this county.
You have been MOST helpful. Through all of this, there have been lessons and blessings.
#1. Never ever believe what you are told. Follow up, follow up, follow up.
#2. We broke our own rule of hiring an electrician, plumber, roofer, etc. instead of "inspection co.". Distance complicated things. We were in the far, far northwest moving to the far, far south. However, in retrospect, it would have been worth the trouble.
**A: even if you were far far in South Korea, you had your options.
********
#3. Hire a closing attorney but NOT one recommended by the realtor.
#4. We have been blessed by having the good providence of having found a roofer who is not only an attorney but a God believing man of honor, a carpenter who preaches at his church AND does awesome work, a well pump installer who invited us to his church. a carpet saleswoman who prays for us daily and a faceless internet attorney who has guided us in the right direction.
Hopefully, someone will read this and also learn some lessons...without doing it the hard way.
Thanks and again...God bless you!
**A: thank God for God.
W
wateredown
Guest
Seller lied on disclosure
**A: thank God for God. originally posted by HomeGuru
Amen.
Took your advice. Called roofing specialist, he recommended a good attorney that he's worked with on other real estate cases. To be fair, the first one said he would be glad to help in any way except to sue his buddy the closing guy.
Home Inspector called. He no longer works for company that did initial inspection and basically said he can help or hurt us depending on whether we are going after him personally or his old company. Also informed us they (the original co.) have no E&O ins. but also don't have a copy of our signed agreement either.
Found out sellers roofer may have done some of the illegal undisclosed repairs. Would they also be liable?
wateredown03
Junior Member
leaky roof update
Sorry for the change in moniker but changed email address so had to re-register.
Updating on lack of seller disclosure regarding leaking roof. We hired new attorney. Attorney arranged meeting with seller's roofer (owner of co.) He stated that his workers had come back to the shop talking about how the seller watched them work and told them exactly what to do and what not to do. Attorney encouraged by this meeting and arranged deposition with the workers. Amazingly, they now seem to have amnesia. Attorney believes they have been paid off. Sellers are wealthy apparently.
Attorney believes we have better than 50/50 chance in court w/o eye witness based on the circumstantial evidence we have provided & testimony from our roofer and carpenter but was honest enough to say that costs might be more than we can recover. We are not wealthy.
Johnson vs. Davis gave some teeth to seller disclosure but there is still no law that makes sellers tell the truth. We still believe there has to be a grass roots interest in getting a law passed to protect buyers from unscrupulous sellers.
Do we have any options other than chalking this up to a lesson learned and eating the nearly 47,000 it's cost us so far?
There otta be a law.
Sorry for the change in moniker but changed email address so had to re-register.
Updating on lack of seller disclosure regarding leaking roof. We hired new attorney. Attorney arranged meeting with seller's roofer (owner of co.) He stated that his workers had come back to the shop talking about how the seller watched them work and told them exactly what to do and what not to do. Attorney encouraged by this meeting and arranged deposition with the workers. Amazingly, they now seem to have amnesia. Attorney believes they have been paid off. Sellers are wealthy apparently.
Attorney believes we have better than 50/50 chance in court w/o eye witness based on the circumstantial evidence we have provided & testimony from our roofer and carpenter but was honest enough to say that costs might be more than we can recover. We are not wealthy.
Johnson vs. Davis gave some teeth to seller disclosure but there is still no law that makes sellers tell the truth. We still believe there has to be a grass roots interest in getting a law passed to protect buyers from unscrupulous sellers.
Do we have any options other than chalking this up to a lesson learned and eating the nearly 47,000 it's cost us so far?
There otta be a law.
wateredown03
Junior Member
Additionally, we found out that NO attorney in this county or the close by counties, will sue the closing attorney. Small town, everyone knows everyone else and refers clients back & forth.
Our attorney did state that he spoke with our closing guy...he stated that he knew he had responsibility but....We also plan to ask closing guy to pay for our legal expenses thus far. Figure all he can say is no.
Is a 50/50 chance worth risking to trial? We have a roofing specialist who says this is "criminal fraud".
Our attorney said, "The only ones who get rich in these things are the attorneys."
Our attorney did state that he spoke with our closing guy...he stated that he knew he had responsibility but....We also plan to ask closing guy to pay for our legal expenses thus far. Figure all he can say is no.
Is a 50/50 chance worth risking to trial? We have a roofing specialist who says this is "criminal fraud".
Our attorney said, "The only ones who get rich in these things are the attorneys."
wateredown03
Junior Member
Thanks, HomeGuru, will do the additional research. Have already checked out Johnson vs. Davis.
Are you saying to go outside to sue the closing guy for malpractice or take the entire case outside the county? Additionally, is circumstantial evidence enough? Our attorney said even though he feels we have a good case, he could just as easily argue it against us.
Are you saying to go outside to sue the closing guy for malpractice or take the entire case outside the county? Additionally, is circumstantial evidence enough? Our attorney said even though he feels we have a good case, he could just as easily argue it against us.