Zeda Jackson | | http://www.bcpsi.com
When first we practice to deceive. - Sir Walter Scott (Marmion, 1808)
You should ask the seller and the broker for reimbursement if the facts are as you describe. Concealment of a known latent defect is to be discouraged.
This scenario is common, where the same inspector visits the same home and the buyer then learns what the seller knew all along. With proof of subterfuge readily available the seller would be smart to settle and bring the dispute to an end.
Both agent and seller are required to disclose latent defects. The previous inspection belonged to the previous buyer since that buyer paid to have it done. The seller and his agent may not have copies of it; the previous buyers would only have shared it with the seller's agent and the seller if an attempt was made to negotiate on the basis of it. If known defects were not disclosed, you can file a complaint with the local real estate board. Complaints result in hearings and in censure of the agent. Enough complaints, the agent could lose their license and their livelihood. Real estate agents must conform to a Code of Ethics; violations can have serious consequences.
You would have to go to court and be able to prove they both knew about the issues you speak of, and that would probably cost more then the inspection.
You, the buyer, paid for an inspection LAST FALL for this house. The report was terrible.
Then, you, the buyer, choose to pay for another inspection for the same house and get the same results! Now you want some else to pay for your mistake. I'm speechless!
That does not mean I will say nothing.
As Frances revealed, YOU are the owner of both reports. NOT the home owner.
I recently had a 'rogue' inspector evaluate one of my listings. These reports too often contain opinions and not facts. The inspector reported a faulty 'BRAND" which is completely unsubstanicated and which such claims are not supported by the very insurance companies requesting the evaluation. To require a OWNER to repeat the statments of inspectors 'gone goofy' is just plain WRONG!
Secondly, the preconditions regarding this home sale are unknown. If it's bank owned or investor owned the disclosure requirements may be different.
Consider this the equivilent of the lottery tax.
Best of success to you
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
Kristen Noble, Realtor
Danielle Windus Cook Properties
Sales Master selling +$4 million between 9/1/11 - 9/1/12
Stage It List It Sell It
Licensed NYS Home Inspector
Certified Pesticide Techician
All Right Home Inspection