Home Buying in 14614>Question Details

Newlife10, Home Buyer in 14614

Our home inspection revealed extensive plumbing problems, foundation slipping, and termite damage. Can we ask the seller to pay for our inspection?

Asked by Newlife10, 14614 Sat May 19, 2012

It turns out that the property was inspected by the same company in the fall. They found the same problems with the plumbing, foundation (that was incorrectly repaired), termite damage, termite and carpenter ant infestation LAST FALL. The contract we signed for this house disclosed NOTHING. The seller and their real estate knew these problems existed and still did not disclose them, causing us to pay for 2 inspections of the house, about $400.00. Can we demand the seller or the seller's agent reimburse us?

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Zeda Jackson’s answer
That is unfortunate! Right after my husband and I moved into our house our washer and dryer wouldn't work because the plumbing set up wasn't right. We called our seller and worked out a deal where they helped pay for the fixing.

Zeda Jackson | | http://www.bcpsi.com
0 votes Thank Flag Link Tue Jul 29, 2014
Oh what a tangled web we weave
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.
0 votes Thank Flag Link Sat May 19, 2012
I think that it would definitely be fair to talk to a seller to pay for your inspection. The seller should also be responsible for paying for the plumbing repairs as well. I'm really sorry that this had to happen to you, and I hope that you are able to get the repairs done that you need. http://www.pittonplumbing.com/hamilton/
Flag Mon Nov 17, 2014
I'm not sure what to do in this situation. I would talk to the seller and see if you can work out a deal. This will probably give you the best idea of what they will be willing to work with. Good luck and I hope you find everything out! http://www.epgi.com.au
Flag Tue Nov 11, 2014
Your money was well spent on the inspection since you are no longer bound to go forward with your purchase of the property and you can get your deposit money back. That's what the inspection bought you and peace of mind. Good value for your buck! If you still want to purchase the home, you can use the report as evidence to ask the seller to remedy the defects in the property. Termite infestation can be halted and the seriousness of the problems depends on the extent of the damage. Most defects can be remedied if people are willing to spend the money to make the necessary repairs.

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.
2 votes Thank Flag Link Sun May 20, 2012
I would recommend having a commercial plumber come check it out and fix it. It is nice to have a professional deal with it who knows what they are doing and has all the right equipment. They will also ensure their work for a certain amount of time.
Flag Tue Oct 28, 2014
Wow, you may need to get an emergency plumber in to get all of those problems repaired. Once you have that taken care of, then you can deal with the legal issues. I'm sure that you real estate agent would be able to help you to know where to start. http://www.plumberswa.net.au
Flag Mon Oct 27, 2014
I completely agree that it was a great thing you got an inspection. It could have turned out a lot worse if this hadn't of happened. I would call your real estate agent and see what they would do in this situation. Good luck! http://www.qualityplumbingofsarasota.com/sarasota-fl-emergency-plumber.htm
Flag Tue Sep 9, 2014
Yeah, it's easy for you to say money well spent because it's not your money.
Flag Mon Oct 7, 2013
You should definitely try to fight this. You shouldn't be held responsible for an issue like this when it wasn't your fault, and the problem existed before you even moved into the house. I know that I would hate to have to handle someone else's problem. You should talk to inspectors and real estate agents at the least. If you feel the need though, you should also talk to a lawyer to see what they can do to help you. That's the best chance you have at getting the help you need.
0 votes Thank Flag Link Mon Mar 30, 2015
Those are some pretty intense plumbing issues. A lot of them have to do with infrastructural parts of the house. Repairing those problems is going to take a lot of work. I'd imagine that issues that big should have been disclosed in the contract you signed at closing. Especially if the problems were found in the inspection previous to the closing. You'll definitely want to find a good plumbing contractor to make sure that the repairs get done correctly this time around. http://www.mountainmechanicalak.com
0 votes Thank Flag Link Mon Jan 5, 2015
I'm not sure how much it will cost, but I would recommend getting quotes from a few different companies, seeing as the cost will vary. If you get a couple quotes and still can't decide then I would read online reviews of the companies and their products. It's even better if you could get recommendations from friends and family. http://www.rkknightplumbing.com/services/plumbing/
0 votes Thank Flag Link Fri Jan 2, 2015
If they legitimately knew about these issues before hand then it would definitely be their responsibility to take care of their lack of proper care. You should get everything fixed. Once you've done that you need to take all of the information you have about them knowing of the problems and the receipts for your repairs try to fight for reimbursement once you have everything collected.
0 votes Thank Flag Link Mon Nov 17, 2014
I think you could probably make something happen based off of them having knowledge of the problem and not fixing it. I would make sure everything is fixed and then approach them with the total cost for inspection and repair. See what your lawyers can do for you and make sure your plumber is doing good work.
0 votes Thank Flag Link Tue Oct 28, 2014
It seems like you have a perfect case right there. If the contract said there wasn't an issue that they knew of, but the plumbers said there was, talk to them for sure and figure something out. In the mean time I'd make sure to get the issue fixed. However this turns out, whether they reimburse you or not, you'll need the plumbing to be fixed. http://www.actionplumbingandheating.com/
0 votes Thank Flag Link Tue Aug 19, 2014
You wont get far demanding a reimbursement for an inspection that was order by you and benefits you. This is exactly what inspections are for, to see if there are any repair issues to address.
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.
0 votes Thank Flag Link Mon Jul 28, 2014
I don't see why you couldn't. However, if there are that many problems with plumbing as well as foundational work, I would suggest taking care of them right away. Procrastinating these repairs could lead to more damages and payments. I would try getting them taken care of right away! http://allrightplumbingandhvac.com/Services/
Flag Tue May 19, 2015
Let me see if I understand this correctly.
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
0 votes Thank Flag Link Wed Jun 5, 2013
I think the same inspector was there last fall on behalf of someone else. It appears that it was a coincidence that the same company came out and likely remarked that they had been there previously and found the same issues. If that is true, and the listing agent as aware, the agent (in our state) would have had to disclose that to any prospective buyer. Not sure of the requirements in the state in mention.
Flag Wed Oct 29, 2014
I would suggest contacting your attorney regarding this issue. When a Property Conditions Disclosure is completed, the seller does it privately from the agent. Anything that an inspector states in his/her report is negotiable. Are you moving forward with the sale of the home? Did you have your own agent or did the seller's agent represent both you and the seller? Normally, if you had a buyer's agent they would guide you through the steps you need to take. I would be happy to help you if you do not have a buyer's agent.

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
0 votes Thank Flag Link Wed Jun 5, 2013
We just purchased the house at 2014 five mile line road. Is this the same house. I need info ASAP as I just accepted their offer.
0 votes Thank Flag Link Tue Sep 4, 2012
If it is truly a cover up on the part of the agent and or seller then you are probably due some compensation. The reality of getting it is another thing. The time and effort in getting what you want will be outweighed by the compensation. How about your agent? How about your due dilligence in buying the property? Could you have done something to prevent this or were you completley blindsided? Lots of questions... and not the answers that will lick your wounds.
0 votes Thank Flag Link Mon Jul 23, 2012
Do you still want the house? I would be more concerned with how much it's going to cost to fix the problems you know about now. A good company in the area that does free inspections for pest control is EnviroTech (I included their website below). I don't know about plumbing or your foundation but the pest problem alone is probably more than $400.
0 votes Thank Flag Link Wed May 23, 2012
How do you know if seller and seller's agent know about all these problems? If you can proof this you can file a complaint with local RE board. And in this case yes you can ask to get reimbursed. But...I am not sure if they cooperate. You can also sue them in a small court. But only if you have a proof.

Yuriy Goldstein
Licensed NYS Home Inspector
Certified Pesticide Techician
All Right Home Inspection
0 votes Thank Flag Link Sun May 20, 2012
Can you demand reimbursement for your inspection, I guess so. However, the Seller is in no way liable to reimburse you. You had good inspectors who found multiple problems. Termite damage is generally correctable as well as most plumbing issues. It is the foundation I would be most concerned about.
0 votes Thank Flag Link Sun May 20, 2012
Steve is right, the broker, if they knew of these defects, had an obligation to disclose them to you prior to your making an offer as well. Definitely talk to your attorney and YOUR broker and demand that you be made whole.
0 votes Thank Flag Link Sun May 20, 2012
I think the bigger question is do you still want the house? If so, your agent and you need to decide what to ask to be repaired, by licensed contractor. This is a big hurdle in itself, since some of the items you mentioned are big ticket items and the seller may be unwilling-or unable, to pay for repairs to a certain point. The seller is highly unlikely to pay for your inspection in addition to the repairs you will request. Best of luck with this situation, it seems to be less than ideal.
0 votes Thank Flag Link Sat May 19, 2012
If the sellers knew about those issues, you're right, they should have disclosed them in the property condition disclosure. I would speak to your attorney about this. He or she can tell you if it's worth taking to small claims court.
0 votes Thank Flag Link Sat May 19, 2012
There is no requirement to disclose; that's the purpose of an inspection. You can ask the sellers to pay for the inspection, but it is generally a cost carried by the prospective buyer.
0 votes Thank Flag Link Sat May 19, 2012
What state is this agent living in? Requirement to disclose is fundamental to ethical behavior.
Flag Sun May 20, 2012
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