her about the previous violations and she assured them she would tell the knew owners about them. She was even faxed a copy, but didn't disclose anything to anyone. She was the listing agent and my agent. I wouldn't have bought the house knowing electrical and plumbing were in poor condition. I did get a home inspection but after all was closed, I found out how poorly it was done. What rights does a homebuyer have?
Tj,
You MUST contact a real estate attorney 1st and foremost! There are several things to consider here...
1) Was the home purchased under FHA? Were the violations indicated on the FHA appraisal?
2) Who chose the home inspector?
3) Did your contract stipulate a "Due Diligence" period for inspection time frame? If so, were the violations faxed to the agent during the time frame?
4) Did the agent review agency with you? (ALWAYS use a buyer's agent, as the listing agent protects the seller)
5) Was the home purchased using any kind of down-payment assistance through the city or state? If so, why was the home purchase allowed to close with code violations?
I hope my thoughts help...
Dana DeLuca
Weichert, Realtors
Ellis & Silva
I would agree that you should get an attorney to review the facts on you situation.
There are a number of questions:
Why did the agent never pass on the violations?
Why did the title company not now there were violations?
When the inspector looked at the property notice any issues or recomend additional inspections?
In addition this is a very good reason why people should get a buyers agent to assist them in understanding the market and getting assistance in selecting a new property.
Keith Manson
First Weber Group
Certified Distress Property Expert
Greenfield, Wisconsin
She was both the Listing Agent and the Buyers Agent? I would say there is definitely a conflict of interest, and a failure to disclose. If the agent has a managing Broker I would recommend you contact them right away, in addition to a real estate attorney. Also, state licensing has a review board. If they are a member of the local and national association of Realtors they are held to a higher standard and they can be informed.
In my opinion she should have disclosed the fax. If the Seller requested her not too, then she should have removed herself as their agent.
Who picked the home inspector? If the work was poorly done, a reputable inspector should have been able to determine that. They should be licensed and have insurance.
Contact the broker of the listing agent , TJ, and ask the question. You were never her client in this tranaction; she owed her loyalties only to the seller. It is NEVER EVER a good idea to buy a home unrepresented! You have to be the agent for your side of this deal and likely have not had the training, expertise or experience to adequately represent yourself. Best wishes.
Your agent is not very good. You should definitely contact an attorney and report the agent as well. Always buy a home after you have done an inspection and a title search.
You may be best advised to consult an attorney for this particular matter.
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