Home Buying in 72501>Question Details

Pickles, Home Buyer in 72501

My disclosure said the everything in my house was in working order and no ins claims had been filed. Since, I have had to repair the A/C, heat, rot

Asked by Pickles, 72501 Tue May 17, 2011

I want to know my rights. I have had to fix rotted floors that were covered up with linoleum, my heat won't work, repair the central air, found mold from leaks in 3 different places. No I cant take a shower because she shower head is missing and it is an old system that has the round piece on the end that nothing adapts to, they halfway fixed the leak around the tub and made a terrible mess. My realtor seems to only want to defend the seller. What are my rights?

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Most States still practice a thing called "Caveot Emptor" also know as Let the Buyer Beware .

I would Ask if You Did a Professional Home inspecton , using an Unrelated 3rd Party ? Did You do Walkthru's of the Property prior to Closing ? Did You order Homeowners insurance and Have them look at Homes Insurance History .

Often I see Buyers not asking Appropriate Questions to only find later Issues .

If You were not given Advice regarding Buyer Beware , If You Did not understand the Terms of the Contract , Then Hire an Attorney .

Unless You can Prove that Fraud Has Been Committed , You Probably Waived rights .
1 vote Thank Flag Link Tue May 17, 2011
Pickles,
Did you have an inspection? Many of the items you mention should have come up at this time. My inspectors run all of the appliances including heating & AC units to verify they work. Based on age and condition they often advise them to be inspected further by a licensed HVAC technician.
All of the faucets including the showers should have been run to verify they work and the water drains adequately. Any work requested should have been inspected and approved prior to closing when you could have done something about it.
I don't know the laws of practices of Arkansas, but my suggestions are fairly common sense.
At this point you need to review the contract and see what was promised and what was delivered. If the sellers did not live up to their end, give your agent one more chance to address this then go directly to them yourself. If all else fails, you can always consult an attorney and/or consider a small claims action.
0 votes Thank Flag Link Tue May 17, 2011
What are you rights?
Well.......Your contract must have given you the right to have a home inspection............did you have one?

If so, and the inspector missed some of these items........give him a call.

If you didn't have an inspection............that was a big mistake.

A seller's disclosure has nothing to do with a home inspection.
The heat or AC can be working today, but stop working the next day.
Underlying problems can and should have been discovered via a thorough inspection.

I agree with John......if you think you have a case and some sort of fraud was committed, call an attorney.

Best wishes....
0 votes Thank Flag Link Tue May 17, 2011
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