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
549 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

Anonymous

Post_new_button or Login_button
Register

Add some rustic charm to your trimmings with a paper-and-twine garland. All you need is some craft store Christmas paper, ... Filling an underutilized area beneath the stairs is a smart way to save space. Doing so with a stash of wood, however, is ... The Audubon Society inspired wallpaper in this Adirondack-styled entryway will get you in the outdoor mood. Grab your coat... Chalkboard paint opens up endless possibilities for customizing your dresser time and time again. Use chalk to label the c... A fireplace in the bathroom creates the ultimate setting for relaxation. Homeowners often choose electric or gas over wood... This roomy boot tray made from punched metal stands up to all the elements. Station it in your mudroom or at your back doo... There’s nothing like a new set of cabinet hardware to refresh a room. The possibilities are endless: Go modern, rustic, or... FLOR carpet tiles are a simple and affordable way to customize a floor covering for any space. You can make anything from ... Chalkboard paint features prominently in this elegant yet unpretentious headboard design. Add a new message daily to reflec... Salvaged boards in varying widths and colors make up the dramatic accent wall in this attic space. The high-gloss white of... The indecisive homeowner need not fret over choosing one (or even two) cabinet colors. The kitchen cabinets in this artist... Incorporate nature into your lighting scheme by securing a dead tree in a concrete mold and draping your pendant lamp from... Simple and striking, a couple of pieces of "lovingly used" furniture creates a special kind of charm. A weathered chair fo... First dress up your metal shelves with a coat of paint in an accent color that complements your kitchen decor. Then arrang... The vibrant green of Granny Smith apples make a beautifully natural alternative to the traditional evergreen wreath. Brigh...
Follow_banner_a
Newsletter_icon Google_plus Facebook Twitter Pinterest Youtube Rss_icon