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Posted on 5/6/21 at 6:34 pm to 13SaintTiger
Yes
Was your agent a dual agent repping both sides?
Was your agent a dual agent repping both sides?
Posted on 5/6/21 at 6:35 pm to 13SaintTiger
I went through this exact scenario with a client. Yes, you have recourse, even if you signed an AS-IS or Redhibition clause (those are for unknown defects). If you can prove that the defect was known by the sellers, you have recourse against the sellers. If the sellers lawyer up, they will likely sue your home inspector's insurance to cover their costs to settle with you. They will have to prove that the inspector was negligent in his inspection. In our situation, as we removed the wall, on video, with the sellers and their lawyer present, the wood/sheetrock they used was stamped with a date that showed it was recently installed.
Posted on 5/6/21 at 6:36 pm to 13SaintTiger
You gonna pay a lawyer 5-6k to sue for 10k
Posted on 5/6/21 at 6:36 pm to 13SaintTiger
.
This post was edited on 5/6/21 at 6:37 pm
Posted on 5/6/21 at 6:37 pm to stout
No, he was my agent. In fact he has helped a lot to make this right. When I told him about it he show up in the middle of the night to check it out, he was going to pay for the plumber to fix the leak if the warranty didn’t cover it, helped us diagnose the leak, offered to have us stay at one of his airbnb and has been in constant communication
Posted on 5/6/21 at 6:37 pm to pistolpete23
quote:
You gonna pay a lawyer 5-6k to sue for 10k
If he wins, they pay his lawyer. Also, he doesn't have to sue as I said. He can pay a few hundred to send a letter notifying them of this issue in case there are other issues they hid. Well worth it IMO
This post was edited on 5/6/21 at 6:38 pm
Posted on 5/6/21 at 6:38 pm to pngtiger
HOI would at least be my first call. Seems easier than the legal route
Posted on 5/6/21 at 6:39 pm to 13SaintTiger
quote:
No, he was my agent.
That's good. He will also have some advice I am sure since he knows Alabama RE laws as well but an attorney is the way to go.
quote:
In fact he has helped a lot to make this right. When I told him about it he show up in the middle of the night to check it out, he was going to pay for the plumber to fix the leak if the warranty didn’t cover it, helped us diagnose the leak, offered to have us stay at one of his airbnb and has been in constant communication
That's pretty awesome customer service.
Posted on 5/6/21 at 6:41 pm to 13SaintTiger
quote:
Crap. I’m in Alabama. What constitutes due diligence for something that isn’t noticeable until it happens?
Basically, if you didn’t see it and ask, or the inspector didn’t note it, you’re SOL.
But, I am definitely not an expect. You realtor should know at least some of the basic laws, ours did and was a huge help. If they aren’t, hopefully they can point you to someone that can help.
Shitty situation man. We love our house, my wife really wanted it, and it’s almost exactly how I would have designed a house. After spending a bunch to fix it, we’ve had other problems (typical things to replace at 10-12 years for a house), and wife wants to move.
Posted on 5/6/21 at 6:43 pm to Jim Rockford
quote:
Did you sign a redhibitory waiver in your deed?
Do you think a warranty waiver is valid when it concerns something the seller purposely hid?
Posted on 5/6/21 at 6:43 pm to pngtiger
quote:
Basically, if you didn’t see it and ask, or the inspector didn’t note it, you’re SOL.
Can you provide a source for that law?
Posted on 5/6/21 at 6:51 pm to JPLSU1981
quote:
HOI would at least be my first call
My first call is to realtor, which he did. He’ll know the laws, and sounds like has been a huge help. OP, you got a good one.
2nd call is HOI, I agree. I just don’t want him getting frustrated if it goes nowhere. I got pissed at them. Told them this is what I pay you for, and I’ve been with your company for 30 years without a claim...I’m changed companies.
Posted on 5/6/21 at 6:58 pm to 13SaintTiger
Posted on 5/6/21 at 7:01 pm to pngtiger
I never signed anything remotely resembling that
Posted on 5/6/21 at 7:03 pm to 13SaintTiger
What kind of worthless home inspector doesn't run the water for a few minutes and check throughout the house?
Posted on 5/6/21 at 7:05 pm to pngtiger
quote:
Basically, if you didn’t see it and ask, or the inspector didn’t note it, you’re SOL.
If the seller knew and didn’t disclose, he’s not SOL. He can shove that up their arse if he’s willing to float the cash to sue until he gets his fees back.
This post was edited on 5/6/21 at 7:08 pm
Posted on 5/6/21 at 7:06 pm to SouthernStyled
quote:
What kind of worthless home inspector doesn't run the water for a few minutes and check throughout the house?
They do but they check at the sinks, showers, toilets etc for leaks. What OP is describing would take a while to appear. Way more than the 4 hours they spend doing the inspection. I am not a fan of home inspectors for many reasons, but this doesn't seem to be a failure on his part.
Posted on 5/6/21 at 7:07 pm to SouthernStyled
quote:
What kind of worthless home inspector doesn't run the water for a few minutes and check throughout the house?
I’m not sure if it was done or not but my assumption is the repairs that the sellers made randomly gave out. The water didn’t start seeping through the carpet until 3 days after we moved in.
Posted on 5/6/21 at 7:09 pm to stout
quote:
What OP is describing would take a while to appear.
Going to make it harder to pin knowledge on the sellers.
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