What Level Of Disclosure Does A Real Estate Agent Or A Home Inspector Owe The Buyer? (me)?
I live in ontario.
Bought a house, got home inspection. The house is horribly supported on both levels (first and second floors) and basically bounces and flexes LIKe CRAZY! I’m young and it was m first house, so I didn’t notice the obvious bounce and sounds when checking it out. Now, 1 year later I have about $10000 in repairs just to shore up the joists on both floors to a point that I could maybe lay down tile or hardwood.
SO… this house was on the market for about 8 months before I bought, and I believe my real estate agent was fully aware of these deficiencies. She also suggested my inspector, and i fear they may have been in cahoots, if you know what I mean. What duty of care do these people owe me and is there something I can do?
I know what you mean. My realtor suggested the home inspection company I used and they were worthless.
Was it your own real estate agent or the listing agent? One thing most buyers don’t realize is that the agent who listed the house is working for the sellers, not the buyer. They are required to disclose, of course, but their fiduciary duties is to the sellers, not you.
I don’t think there is a lot you can do at this point. It wasn’t so structually unsound that you noticed it right away. The sellers were required to disclose any known defects, but if they didn’t know about it or didn’t think of it as a defect, it’s probably your financial burden. Welcome to the wonderful world of home ownership!
This is something that absolutely should have been in your inspection. If it wasn’t, you need to get another inspection. Ask the independent inspector if this was an issue when you bought the house (they can usually tell how long a deficiency has been present). If they agree that this was the situation when you bought the house, you would be right to take legal action.
For future reference, never use the realtor who is selling the house. Their goal is to sell the house and get a commission. Always seek your own realtor.
Good luck.
Sorry to hear that your first buying expierence has been ruined. I would contact an attorney. They would be able to define your rights as a buyer.
The inspector is supposed to be on your side, and your lending agent should have had some say in who did the inspection. They are supposed to disclose any problems to you or your lender. Have you seen the inspectors report? Ask for it.
If the real estate agent was acting on your behalf (helping you find the house vs. representing the house as it’s listing agent) then she absolutely had the responsibility of giving you a full disclosure. It was her job to help you find what you were looking for and make sure you were protected against things like what you are describing.
GET A LAWYER!!! At the very least you’ll pay the $50 consultation fee and be able to tell your story. From there you’ll know if you have a case. I’d also contact the better business bureau in your area and report both the real estate agent and the home inspector. Be sure to collect everything you have (paperwork-wise) when you tell your story. You should have a copy of your purchase agreement which would list any specific agreements/concessions made by both buyer and seller, a check sheet from your home inspector citing what was looked at and comments regarding the property, any and all repair bills and/or statements from the contractor that did your work (or wants to do the work).
Good luck. It’s not always a bad experience buying a new home. I hope things work out for you.
Real Estate has no disclosure responsibilities that they were not informed about by the seller. The seller is obligated to disclose any defect that they know about the house. The Inspector does have responsibility pursuant to his contract and the State Licensing requirements. The quickest thing to do is the following:
Go to your real estate person(buyers agent) and tell them you are going to bring suit against the Seller and the sellers agent and that they must be informed. If the seller failed to disclose a MAJOR FACT about the house they are in huge trouble. If you are using a dual agent it is trickier since that agent will take the side of the seller more often than not. Call the inspection service that did the original inspection and tell them you want a meeting immediately and threaten suit at that meeting.
Telling individuals you are going to bring suit is a scare tactic that you must use tactfully and calmly.Usually it is a tactic that will get some activity on your behalf. Hire immediately ANOTHER home inspector, cost average in U.S. $350( the best money you will ever spend) and have him inspect the house anew, but do NOT initially mention or tell that inspector anything about what you have found until the end of the inspection. See the manner in which he inspects and what he finds without your coaching. Use that report to nail the other inspector to the wall.
Small claims Court is an easy way to handle hard to convince persons you can handle suits without a lawyer for $5000, to $10,000 in some states. Good Luck
They were probably not in cahoots. Realtors have favorite inspectors that they recommend for different reasons. It is a foolish thing to do because of the potential liability, but really they are trying to help the buyer if they are a buyers agent…. A buyer should find his own inspector. In the USA it depends on what state u live in as to wether or not full disclosure is necessary. In Texas you have 2 years to discover something like this and come down on the previous owners head. In other states you do not have such recourse..
Find out if there is a time period for discovery of major defects. If there is, go to court and get the previous owner to fix it. If there is not, the inspector may be liable since the problem is so obvious. A good lawyer would be the next step since he/she knows the current laws in your area.
You say “my realtor”. Unless they are a buyers agent and disclose this in writing, they are not your realtor. they are the owners realtor and they dont owe the buyer any fidility.
I am sorry this has happened to you. It’s hard to believe people are so crooked. For sure the previous owner knew… he should have told you.