Clueless about home buying.... Seriously considering, but....

[carolina]

I used to work in real estate law. Trust me! You want to!  And do it soon before more time lapses.

Yeah, that's what most people tell me.... But I don't have the "sue" personality..... and frankly... I don't even know where to start....
Then I would need to pay a lawyer in advance - I KNOW I have a case. There is not a doubt.... But....
I don't know if the trouble is worth..... I don't know - I don't like the karma of it all :dk:
maybe I am just stupid - I kept all the videos - of the lake in my patio - you should see - the water came to my door - my "welcome mat" would swim from side to side. - it was a royal mess.

 

[ldg]

:lol3: I imagine you in full body armor, armed with sprays and ant bombs.... or just flying your SuperWoman cape, with the addition of a tool belt...

And yes, having cats around seems to help with all manner of small critters. :lol3: Unfortunately, it doesn't help with the bugs.

FYI, I'm pretty sure suing people for lying won't hurt your karma. But if the time and money it'll take isn't worth recovering what you spent to fix up the mess, then don't do it. Only you can decide whether or not the hassle is worth however much it took. :nod:

So I hope Dad and then Mom - and then niece & nephew - like sleeping with kitties! SO exciting!

 

[natalie_ca]

Yeah, that's what most people tell me.... But I don't have the "sue" personality..... and frankly... I don't even know where to start....

Go back to the lawyer who handled your end of the real estate transaction and talk to him/her about the problem.  Everyone is entitled to a free 15 minute consultation.  So far as legal fees, they would be responsible for them in the end.

When I worked in real estate law, we had people come back with complaints of things after a house sale closed. And in the end money was returned to the client, and the sellers ended up paying the fees.   What your seller did is considered fraud, and that is a very serious thing.  They had to know that there were issues based on what you describe.  Surely this isn't the first time it rained around that house.

 

[carolina]

Natalie, we buy houses with Real State agents here, not Lawyers.... No attorneys were involved... So I would need to hire one off the streets.

 

[natalie_ca]

Natalie, we buy houses with Real State agents here, not Lawyers.... No attorneys were involved... So I would need to hire one off the streets.

Then talk to your agent and get her advice on what to do.  I'm sure she's run up against this kind of thing before.

 

[carolina]

Then talk to your agent and get her advice on what to do.  I'm sure she's run up against this kind of thing before.

that's my issue. He was useless when this issue happened. I guess he imagined his bottom would be on the line and took off/disappeared.
Ok.. . . Now that I have a bit more time to elaborate.... I don't mean he literally disappeared, but I asked him what to do, he said he didn't know, and pretty that was it- cease all contact.
In talking to my banker, who was actually far more helpful, he said in a situation like this agents are usually the first to be sued, because supposed they were to know about it, and to protect ME. Furthermore, in a lawsuit, they will go up the line one by one. They do have insurance so won't get personally affected, but I think that's why when he was shown the mess (by photos and videos) he decided to be of no help.
So, I am really alone on this.
I do have the proof, the documents, and the case.... But the rest I would need to do on my own.
I was told I could do this with a real state lawyer, and I was told I could just go to small claims and do I on my own.
I don't know what the statute of limitations is on this, I would believe I still have some time.
I am out of town 3weeks of the month as it is, which contributes to me not putting so much effort into this. Next month I will be out 4 weeks. It is hard for me to be on my only days home looking for a lawyer, and on the top of it thinking of course ordeal, paying a lawyer upfront.... Not knowing where to start to begin with.
So..... Anyways, that's that for this issue. Thanks Natalie....

 

[carolina]

:lol3: I imagine you in full body armor, armed with sprays and ant bombs.... or just flying your SuperWoman cape, with the addition of a tool belt...

And yes, having cats around seems to help with all manner of small critters. :lol3: Unfortunately, it doesn't help with the bugs.

FYI, I'm pretty sure suing people for lying won't hurt your karma. But if the time and money it'll take isn't worth recovering what you spent to fix up the mess, then don't do it. Only you can decide whether or not the hassle is worth however much it took. :nod:

So I hope Dad and then Mom - and then niece & nephew - like sleeping with kitties! SO exciting!

Yep, it was me here, pretty much.... Add a drill and a hummer, subtract the Cape
I tell ya. The ants are the worst. They are amazing. One day I go so mad, I got one of those fertilizer spreading Wheeler carts and poisoned the entire backyard. It helped some, but they always come back... Bow a HUGE ant Hill, or whatever it's called, showed up right by my entryway. Just like that. One day it was not there, the next, bam! Massive! I put two outside baits right next to it.... Will see. So far they haven't come inside. The few bugs that come in have become snack for the kids.
The other day Bugsy ate a huge cricket.... I tried to see the little man... Too late.... By the time I go to it, I could take only half from his mouth and he wasn't amused at all.
There are also these tiny geckos that are so dumb. They hang out by my door.... At the minute I open it, the run inside. .. ... It's a death trap :doh3:
I catch myself often saving little geckos and taking them out.... But boy, small brains they have. Lucky LOVES them!
So far so good; nothing toxic, nothing dangerous. I have 2 strong g machines in the house for bugs, one in the garage for rodents and bugs (VERY LOUD, so it has to stay there) and several outlets with us repellents. I have to think they work, as I have a huge yard with lots of creatures, but inside there is nothing. Never seen an ant, never seen a Roach, if I've seen a few spiders it was too many.:bigthumb:
Ah, and the zappers, goodness! I used to get eaten alive in my yard before, now I can stay there for hours and not a bite! Love that thing!

 

[carolina]

Go back to the lawyer who handled your end of the real estate transaction and talk to him/her about the problem.  Everyone is entitled to a free 15 minute consultation.  So far as legal fees, they would be responsible for them in the end.

When I worked in real estate law, we had people come back with complaints of things after a house sale closed. And in the end money was returned to the client, and the sellers ended up paying the fees.   What your seller did is considered fraud, and that is a very serious thing.  They had to know that there were issues based on what you describe.  Surely this isn't the first time it rained around that house.

Oh they knew. I spoke to the neighbor. He said the issue was so bad he even built a wall in between our houses to try to help the water from coming to this house's yard.... As it was seriously trapped. It was a known issue with the house. There is no question they lied to sell it faster. The inspector didn't catch the damages. The drainage question is asked clearly and specifically three times in the disclosures, all three times they answers no. If the house has drainage problem, if there has ever been a known drainage problem in the past that they would be aware of, and there was a drainage problem that could possibly cause damage structure to the house. They answered no all three times and signed under the understanding of perjury. I have that with me with the videos (dated of the first week I moved in), pictures, and all the other documents-pictures of damaged structure, pictures of the drainage work being done, the structure being repaired, all receipts, and the neighbor said he would also write a letter.
One thing I have not done, and was told to do, was to test my outside walls for mold- if that tests positive, add that cost to the suit.

 

[denice]

The whole law suit thing is a hassle.  I hear about people who are always filing law suits, they must not do anything else.  I am not one to sue either I have had a few instances in my life where I am sure I had a case but I never bothered with it.  It's unfortunate that the inspector didn't catch it.  I know that most inspectors work for either the real estate agent or in the case of a new development the lender.  I have always thought that an inspector working for the real estate agent was a conflict of interest.  Both the real estate agent and inspector depend on sales for their money.

 

[mrblanche]

You need to understand that unless you paid the agent a separate fee, he/she has only the responsibility to treat you fairly.  He owes you no fiduciary responsibility, because he is paid by the seller, not the buyer.  He DOES have a fiduciary responsibility to the seller.  You would definitely have a case, but the seller would ultimately be the one who would have to pay.  If the seller never made the problem known to his agent, the agent has no responsibility to reveal the problem to you. 

 

[carolina]

The whole law suit thing is a hassle.  I hear about people who are always filing law suits, they must not do anything else.  I am not one to sue either I have had a few instances in my life where I am sure I had a case but I never bothered with it.  It's unfortunate that the inspector didn't catch it.  I know that most inspectors work for either the real estate agent or in the case of a new development the lender.  I have always thought that an inspector working for the real estate agent was a conflict of interest.  Both the real estate agent and inspector depend on sales for their money.

no.... Actually I pay the inspector, and I chose him by referral. He was supposedly very good.... Not sure what happened that day. It is unfortunate though.
I should also say that the house was inspected twice due to having things that had to be fixed before closing . In addition, the fha inspector didn't catch either. So....