COMMUNITY FORUM

smarisetty

12:19PM | 07/12/04
Member Since: 06/20/04
14 lifetime posts
Bvrealestate
Hi,

I recently brought a house, a month ago and was represeted by a dual agent, who opened the escrow.

I know very little about all the procedures. However, the agent ordered a termite inspection on my behalf asked them to call out all section-1 items and the seller to pay for, which they did.

The seller failed to remove his personal belongings weeks past the COE. So, no walk through inspection was completed or signed off.

Later, I discovered serious infestation, which was camaflauged by sellers belongings removed after COE. When inquired, the termite inspector told me that the seller and his agent asked him not to include this area in his report. The inspector now estimated the cost of section-1 for this areas as $30K after the second report, which is given after COE upon my request for no charge (as I already paid before).

The escrow company did not withhold any funds, to be paid after the walk through inspection is signed-off. Apparently the dual agent did not give these instructions to escrow officer.

This situation was brought to the attention of escrow officer, agent and seller. I am being ignored with no communication from agent or seller.

Question:

Is it normal to close an escrow without a walk-through inspection signed-off without with holding any funds?

Is it normal for a termite inspector to take instruction from a seller, when buyer orderded and paid for the termite inspection?

Who is responsible to make sure this did not happen?

What is it that I could have done to avoid it?

mm

tomh

12:38PM | 07/12/04
Member Since: 07/01/03
550 lifetime posts
An agent acting on behalf of both the buyer and seller walks a thin line, but ALWAYS has a fiduciary responsibilty to the SELLER. Your interest are secondary. The precise nature of a dual representation should have been disclosed. While its legal, I would never allow it. If the realtor had any knowledge of insect damage, or requested that a part of the property be excluded from inspection, he/she may be liable for damages you incurred. The extent of the damage suggests that this problem would not have been unknown to the seller. Their failure to disclose a material fact (expensive repair / insect infestation leaves them liable.

Unfortunately, you now need a real estate attorney. DO NOT try to deal directly with the realtor or title company at this point. This is no longer a real estate transaction, this is a lawsuit. You are being ignored by all these people because the next logical step is a lawsuit, and none of these guys wants say anything that could further compromise their position or involve them as knowing participants in this fraud /deception, that left you holding the bag.

You will most likely recover all the costs of repair and some legal fees. But quit wasting time. Get a referral to an attorney today.

smarisetty

02:12PM | 07/12/04
Member Since: 06/20/04
14 lifetime posts
All parties have signed the binding arbitration clause.

How will this pay out?


smarisetty

03:15PM | 07/12/04
Member Since: 06/20/04
14 lifetime posts
I meant: How will that play out?


smarisetty

01:05PM | 06/07/05
Member Since: 06/20/04
14 lifetime posts
Well, what can I say, the surprises never stopped. After the first rains of the season, I noticed 12" of standing water in my crawl space. Talking to neighbors, other houses in my line have similar problems and some have done expensive work of french drains+vapour barriers.

In one rain seasons, I had to pump out water more than 6 times. The furnace in winter was picking up air from the crawl-space and the whole house started smelling muddy.

Apparently this has been going on for a long time and my seller was apparently aware of it and discussed with his neighbors in the past to figure out how to remedy this problem. Looks like he had amnesia when he sold me the house in year which had little rains and a dry crawl space.

sm
Click_to_reply_button
Inspiration_banner

INSPIRATION GALLERY



Post a reply as Anonymous

Photo must be in JPG, GIF or PNG format and less than 5MB.

Reply_choose_button

captcha
type the code from the image

Anonymous

Post_new_button or Login_button
Register

This thin bamboo panel, which appears to float in midair, lets dappled sunlight pass through to the seating area below. Th... Reused steel windows create an eye-catching splashguard in this walk-in shower. The vintage factory windows bring an inter... A galvanized steel tub is a surprising but charming fixture in this bright and breezy screened patio. It's perfect for was... If you're not crazy about the idea of commingling plants and pool, this modern variation may be more to your liking. The s... Yes, a freestanding garage can become its own tiny house. Artist Michelle de la Vega has all the comforts of a modern resi... If you lack plumbing skills but have a good sturdy tree, here's the easiest outdoor shower solution of all: Simply attach... Pursue what's known as the stack effect. To achieve it, open the windows on both the upper and lower floors, and as warm a... How do you like this smart use for an old bottle? Clamp an empty wine bottle to a fence or wall near your outdoor deck or ... Simple and striking, a couple of pieces of "lovingly used" furniture creates a special kind of charm. A weathered chair fo... Twine lanterns add pops of crafty—but sophisticated—flair to any outdoor setting. Wrap glue-soaked twine around a balloon ... When securely fastened to a tree or the ceiling of a porch, a pallet and some cushioning make the ideal place to lounge. V... Incorporate nature into your lighting scheme by securing a dead tree in a concrete mold and draping your pendant lamp from... For the cost of a can of exterior paint , you can totally transform your porch. Paint the floor a hue that complements yo... In this urban apartment, a standard-issue patio became a serene and green perch by replacing the typical concrete with gro... This garden shed has been decked out to the nines. Designer Orla Kiely created the intimate home for a flower trade show, ...
Follow_banner_a
Newsletter_icon Google_plus Facebook Twitter Pinterest Youtube Rss_icon
 
webapp1