Do I Have Any Legal Rights???? HELP!!!

If it's in the contract that the seller was supposed to have done X, Y & Z before the sale was final, and they did not, then they are in violation of the contract. However, if you've already gone through the sale, you might not be able to do anything about it....Get a real estate lawyer A.s.A.p. to find out what can be done to remedy this.

My suggestion is that next time you buy a house get a buyer's agent. The buyer's agent is a licensed real estate agent whose only job is to look out for the best interests of you, the buyer, and DOES NOT represent the seller (or any sellers). Representing both a buyer and a seller in a transaction is a huge conflict of interest, particularly when the agent gets a commission.

I would not make any decisions based on what anyone says here, unless the answer is from a licensed attorney in your state who actually practices real estate law.

If I were you I'd find a competent, preferably board-certified, real estate attorney in my area to sit down with me and give me an hour consultation (I would be willing to pay for this too, though not a crazy amount of $$) to ascertain whether I have any viable legal causes of action.

This issue is highly state-specific. What someone experiences in a state different from yours could be dramatically different than your state.

I would also ask the attorney if there is a reasonable professional complaint to be filed against the realtor (they are licensed by the state generally). And there may NOT be one so check first. I don't think people should make professional complaints lightly.

Good luck.

Okay. Here's the deal. IF there is something to disclose, then she must disclose it. However, if there's no problem (like, it's an old house and it has settled, but there are no structural problems), what is she supposed to disclose, exactly? Where does it end? Do you want her to disclose things like: the living room is painted blue, the bathroom sink has an unfashionable gold faucet... See where I'm going with this? You bought an older home. Older homes are not, and will never be, perfect. If you wanted to go after anyone, it would be your home inspector, but honestly if it's just routine settling of the home that was not noticeable with furniture in the room, you'd have a very hard time pinning even your inspector with that. It is really not that big of a deal. Let it go.

Now, if the sellers indicated they'd replace the siding and did not, go after that like a pit bull and don't let go. I would assume that you have signed documentation saying that they'd replace it? If so, it's as simple as the realtor arranging to have it fixed, and that amount is paid for out of escrow prior to the sellers receiving their money.

If the realtor failed to put any of that in writing, or did put in in writing but failed to have it taken care of, then yes, you probably do have a case against her. Hopefully you have e-mails, voicemails, something proving these repairs were discussed. Go to her broker first - brokers are required to carry Errors & Omissions insurance, and this would likely fall under that umbrella. Or, if you have a home warranty service, this is possibly even something that they would cover (read your policy).

Good luck.

You just need to contact the inspector. Just ask him is this structural. Even if it is structural they still aren't responsible if the people they hired said it wasn't. They have to have known it was a structural issue.

I have friends that are realtors and there are a shed load of laws protecting buyers and sellers. Guess I am saying it may feel like something wrong but it may not be wrong.

Anyway, start with the inspector, go from there.

Sorry... but nothing illegal about this. Your realtor has no duty to make sure the house is in good shape. She simply finds a house for you, and it's up to you to ensure it's well maintained and structurally sound. That's why you have an inspection. Realtors don't do any disclosures about a specific house; disclosures are only provided by a seller (and not about floor problems usually). Besides, it's not illegal to sell a house with sloping floors, whether it's because of settling or a major structural problem, especially if it wasn't obvious to you or the inspector.

Whether your realtor represented both you and the seller, or just you - you would have had this same problem. Most realtors aren't home experts. They help people buy and sell houses, but have no more expertise in terms of home problems than you or I would. If she noticed a problem with floors when she signed a contract with the sellers and they had the floors checked out with no problems... why would she bring it up with you? It's in her best interest to sell the property. She wouldn't want to point out potential negatives to you - and has no duty to do that either.

Sounds like a bad inspection, not a bad realtor. Sorry, but furniture does NOT get in the way of an inspection. That's like saying "oh there was a delicious meal on the table so we assumed the restaurant was up to code."
Also, did the sellers agree to the siding issues IN WRITING? If not, then you're SOL on that one too.
Can't see anything wrong or illegal here, good luck, I hope it all works out for you.

Disclosures are required by the seller only if they live in the property. The realtor did their job. Contact the inspector about the slope as that's their job to see those things. I'm not sure if you closed already, but you shouldn't have. The mortgage was based on those things being completed. The sellers did not meet their contractual obligation and for that you do have recourse. Depending on how much money it will cost you to complete these things, consider talking to an attorney.

You don't have to close. The work on the gutters etc should have to be done before you close.

What did the fellow who inspected your house say about the sloping? Did he notice? It's awful when an inspector misses such an important thing.

You might want to hire a structural engineer to give an opinion. THEN go see a real estate lawyer if you don't want to buy this house. You should know walking in to this how much money this will take to fix if it's not normal settling. You will HAVE to disclose this when you go to sell later on because you know about it. The owners didn't disclose because they didn't "know" about the problem. You don't want to buy a house that will cost more than your down payment to fix...

Good luck...

hhhmmm....interesting question. And I think everyone will answer it differently.

I personally wouldn't work with a broker that was also the listing agent. Why? Because in my book? She's double-dipping and has nothing to lose.

That the inspector didn't move furniture during an inspection? That sounds like a bad inspection to me. There was furniture in the foyer and you didn't notice the slope when you walked through the house? There are some things furniture CANNOT hide.

Did you sign off on the walk through? If you did - then you screwed yourself over. Please tell me you signed with EXCEPTIONS and noted the exceptions. Did the sellers put ANYTHING in writing? If not? you are screwed. A handshake doesn't mean what it used to mean. So ANYTIME you are dealing with stuff - GET IT IN WRITING, SIGNED and DATED...heck if it's serious enough? Get it notarized as well.

I would find a reputable real estate lawyer to see if there is anything wrong. I found this website - so if you live in Massachusetts - it might help you.

http://www.mass.gov/ocabr/licensee/dpl-boards/re/regulati...

My money says that you need to get a structural engineer out there before you have the floors done to see if it's just settling and what needs to be done...how old is the home? I question this because - really - if it's 5 to 10 years - the settling occurred while they were living in the house...IF they tried to get it fixed, but couldn't afford it? Then they HAD to disclose the problem BEFORE you purchased the home....I don't understand how ANYONE would NOT notice sloping!! So that might be something to look into...what did they know...and when....disclosure!!!

good luck!

I would no close on the property. If you do, you can kiss any work that was promised to be done will NOT be done. it will all be out of your pocket.

Don't let this one realtor skew you from ever using one again. Most realtors are very good at negotiations and making sure the contract is followed to the T.

When we built our first house, we refused to close due to some issues the builder left alone when he was supposed to fix it.

Same thing with our second home that we built... except... this new builder knew our experience with the first builder and he knew if he didn't do it correctly, we would not close. Don't bluff... if you say you won't close, don't.

By not closing, it is a huge inconvenience for you, however, builders, sellers, banks don't understand and will play politics until YOU start costing them money. Every day you refuse to close, it cost them all $$.

Don't close until they get it right. I am sorry you are going through this. Building a house is he$$ and I swore I would never do it again but I did. The second one we built was not as bad because of our reputation with the builder who screwed us told our new builder what we did. That worked in our favor. We had a realtor in both cases.

First of all, shouldn't the seller have disclosed it? I thought there was a form they had to fill out and sign saying whether or not they know of anything. Also, if you had an inspection, why wasn't it caught by the inspector?

As to whom the realtor is working for? HERSELF!!

As for any legal recourse, who knows. I would read through everything you signed first, discuss it with the realtor and then if her answers are not satisfactory, consult a lawyer. But be sure and get one that specializes in this field.

Good luck!!

I know this is after the "so what happened?" but I wanted to add my $.02 worth.

First, the realtor's loyalty is likely more for the seller she's representing than the buyer. The seller pays her commission and had you had your own realtor, she would have split that commission with your realtor. Moral of the story is to never, ever, allow one realtor to represent both sides. Most realtors I know would never agree to do it and would refer the buyer to one of their associates.

Second, for the protection of the seller, I would think she would have written up the settling issue in the disclosures. Ask for a copy and make sure there are no other surprises she forgot to mention.

Lastly, I absolutely agree with those who said to consult a real estate attorney. It will be money well spent to feel like you finally have someone looking after your best interests.

It's usually pretty easy to do a lift on that side of the house and fix that kind of issue. It happens a lot in Oklahoma. I googled lifting the corner of a house to level it and it's even pretty easy to do it yourself and not hire a company to do it for you.

I would want professionals to do it though. They'd have a warranty and be able to sink the piers in really deep.

As for the Realtor I don't know. You can call the local Realtor's board and ask.

You do have legal rights - against the inspector. You hired him to inspect and find obvious flaws - a floor sloping is pretty obvious. Go talk to a lawyer.

You do not have a suit against the realtor. How is she supposed to know what's wrong with the house? Not only is that not her job, you should read your contract as it specifically says it's not. It's YOUR job to get the inspection - which you did. And that's where your remedy lies.

I hope the siding and repairs are in writing. If they are not, you have no recourse. If they are, then they are in breach of contract and you don't close until it's done.

As for the slope in the floor, why was this not picked up by the home inspector? I think you may have rights there. If the floor people think it's repairable, it might be worth it.

And the broker is never on your side unless it's a buyer's broker. She gets her commission from the seller so that's where her loyalty lies. Next time, get everything in writing.