Home Buying in Bolivar>Question Details

Vannah, Home Buyer in Wheatland, MO

Realtor yelled at me and hung up when asked to help resolve a problem between us and the sellers. Day of closing, seller's agent. What can we?

Asked by Vannah, Wheatland, MO Fri Aug 20, 2010

do? Day of closing, one hour after closing, seller's agent. We requested the city turn on the water the day we closed on the house, before closing. We did not find out until after closing that they did not. When the water was turned on, we found that every pipe in the house was busted because the house had not been properly winterized. Water flooded into the walls. I called the seller's realtor to get the the seller's phone number, and I also asked the realtor to help me contact the seller. When I called the next morning to ask the realtor to help facillitate a solution, she yelled at me and hung up. The house had been vancant (The seller "flipped" it.) but it had been on the market for quite some time and had been shown several times. It is my opinion this problem was known to the realtor (The lights were on for showing, but not the water. Other small things like that.) Seller and I came to an agreement on our own. Anything I can do about the realtor?

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First I would ask that you read your contract. It would state in there if you were going to do a home inspection and the terms and conditions of it. It shiould also state if you were purchasing the property in an as is condition. If the water was to be on during the home inspection and who would pay to have it turned on and off after the home inspection. It should all be in the contract. I could not to begin to give you any advise other then read it first and if you still are not sure take it to an attorney for the further help. Agents yelling at a person is never a good idea. A lot of properties have the lights on but no water. The reason the water is shut off is because the pipes can freeze. If as an agent we see where water damage has accured from water such as warped floors or stained drywall, water lines on the walls. This needs to be pointed out as an adverse fact. But if there was no visual evidence of it would be hard to determine this without having the water turned on and tested.
1 vote Thank Flag Link Fri Aug 20, 2010
You absolutelly had the right to an inspection and I am curious why you did not. Did your agent not inform you that you had this right or did you choose not to do one? I know with most agents, and all professional agents, your inspection period/process and loan application (if any) would have been the first conversation after you won the contract for the property. Your agents job was to protect you and your best interest and it appears this was not the case. How did you employ your agent? If they were your buyers agent or a dual agent then they should have informed you of your rights and strogley suggested you get an inspection. If you were represented by a transaction broker, we'll sorry to say it but tough luck. A transactoin broker cannot give you advice in Missouri. In Missouri the first form you would/should have signed was how you wish to employ your broker and all the different employment arrangements should have been explained to you at that time. Sorry about your misfortune and it sounds like you got the short end of the agent straw.
0 votes Thank Flag Link Sun Aug 29, 2010
Broken pipes after de-winterization is a common problem. Right now I have two inspections pushed back until next week because of this. You indicate you asked for the water to be turned on the day of closing but apparently didn't check prior to it. It doesn't sound like you had a home inspection either. Even so, the home inspection wouldn't reveal any hiddin leaks with the water off. Regardless, you're past that point now.

First contact your agent's broker and explain your situation and how rudely you were treated.
Second contact your attorney, they are the one who will get this resolved. You may have a claim against the Preservation & Maintenance company for botching the job if the seller doesn't make good on repairs.
0 votes Thank Flag Link Thu Aug 26, 2010
Yelling and hanging up could be two things: the agent was having a real bad day or lack of professionalism. Look past that. You can always contact the broker responsible for your side of the transaction.
0 votes Thank Flag Link Fri Aug 20, 2010
Did you have a home inspection prior to closing? Sellers HAVE to have all utilities on at the time of inspection. Was there a sellers disclosure or was teh home being sold "as is"?
I'm really sorry this has happened to you...my advice is to go to the broker of the real estate company and explain the situation - that may be your best bet in getting the issue resolved.
0 votes Thank Flag Link Fri Aug 20, 2010
Move on - the important thing is that you have come to an agreement with the seller. Not good behavior on the part of the agent, and you can call her broker/manager and voice your concern.

I've seen photos of what can happen when pipes burst, not fun. Sorry it happened to you - to those reading this, properly winterizing a home is essential, and be sure that the water and power are on for your inspection and walk through.

Best,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Fri Aug 20, 2010
what did she yell at you for ? And wasn't an inspection done on the house before you bought it? This would of or should of revealed this pipe issue?
0 votes Thank Flag Link Fri Aug 20, 2010
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