WOW! The OWNER! I'm DOUBLE sorry! Was the guy branded by a franchise? (Century 21, Re/Max, Keller Williams, Prudential or an other?) I would rattle EVERY FRIGGIN cage until someone took care of this! If he is with a franchise, the "Main Office" takes complaints very seriously. They investigate, and put on serious heat and call him on the the carpet. Enough complaints, they will not allow him to "Carry their name."

If NO ONE WiLL LISTEN, Call your local news station. ALERT THE PUBLIC! GET THiS GUY TO STRAIGHTEN UP OR GET OUT!!!

Okay, stepping off of soapbox now. :) best wishes!

Good job taking advantage of all recourse available.

Thank you Mike for your response.

While I agree with you and do not condone the actions taken by the plumber either, I will say this for him. He has since apologized and has come forward with the truth. I commend him for that. He did not have to tell me anything, and I wouldn't be any bit the wiser for it. He could have simply come out, re-glued the pipe again and then said "guess what; your disposal is busted, want it fixed?"

I would have still gone back to the seller's agent, but I wouldn't have known of the events that had previously transpired.

Ican also appreciate that the agent put the plumber in a very difficult position. The plumber carried out the instructions provided by the seller's agent. While the seller's agent was performing in a way that was unethical, he was still technically the client.

Again, I'm not saying it was right, but I do commend the plumber for his honesty and for trying to do the right thing now. And I commend him for providing me with a written statement so I may file a complaint against the Realtor.

My complaints in this case are clearly with the seller's agent (broker and attorney) for intentionally concealing a known defect within the home. Not to mention the way he treated me when I tried to talk to him about the situation. I know I can't necessarily file a complaint based upon his attitude, but I did do some research based upon the comments provided by you all and by my agent and her broker. The seller's agent/broker is a member of the PWAR (real estate association), and the concealment of the faulty disposal is a violation of their article 2.

I believe filing complaints is your best option as everyone has suggested here, but what about the plumber who knowingly rigged the disposal in a way that would hide the problem for a few weeks at best? That's not honest either. He should be backing up his work also.

I agree with Alan that its not a good idea to have the seller take care of the repairs. I do re-inspections all the time, and the repairs rarely get done correctly when the seller is paying for them. This is all hind-sight for you, though. Some buyers put in their objections that they want licensed contractors to do the work, but the seller still always goes with the absolutely lowest bidder.

Thank you all for your comments and suggestions!

I spoke with the plumber and he's agreed to sign an affidavit based upon what transpired. I also spoke with my agent and she consulted with her broker. They both agreed I should definitely file a complaint through the DPOR and the State's Real Estate Board. I will also notify the VA State Bar and see if there are grounds for a complaint. Thank you all for your professional insight! This has been very helpful.

That makes me extremely upset! I can't believe he acted that way to you! I will tell you what to do now, since you will get no where with him. Put together a written complaint and try to get the plumber to sign an affidavit about what happened and send it to your states licensing board. Every state has them and they are typically called the Real estate licensing board. They will typically not bother with a phone call, but when they have a written complaint, they will investigate, and he could easily get in some hot water for this. At the very least, they will send him a letter, and possibly hold a trial to revoke his license. Keep records of everything, and if you have to pay to get it fixed, send them copies of the receipts.

Good Luck

Dear Mr/Ms Buyer.

If the listing agent is indeed a state licensed attorney, they had REALLY be careful. The state real estate licensing divisions can be very helpful (ours in Oregon certainly are), but his state legal bar will crucify him if he is found to be so unhelpful and rude right off the bat, let alone found complicit in the un-repairs.

I'd totally go to bat for my clients (as a buyer's agent in this situation) and would be helping them raise their complaints to higher levels of review. Has YOUR agent been helpful?

If you are going to send the seller's agent (the listing agent) a letter, copy the SELLER, or mail it to the old address (your new address) and hope the USPS forwards it to their new address. The seller may be completely unaware of the situation and may not want to get in any kind of a legal dilemma and could be your unwitting ally.

Good luck to you and I hope the best will come of it.

Phil

Alan has given you solid advice IMHO...Stay laid-back and let the attorney be aggressive if they feel there is action you can take. I'd also use the State site to check his license and file a complaint....

This is definitely the kind of thing that leaves a bad feeling, hope you'll remember not all Agents are like this one..Sorry getting your home was the source of this kind of problem..stress..it should have been nothing but good...

Best of luck, Dunes

Quite honestly, this is one of the prime reasons, that I never ask the seller to 'repair' anything. They will always take the path of least expense, and in this case, one that was assured to cause the leak to reoccur.

Unfortunately, your "case" might be difficult, since they did do what you asked... "fixed the leak"... unfortunately, it was a temporary fix.

I always prefer to get a credit, and have the buyers do the repairs to their satisfaction. Then you're assured it's done right, and the vendor owes his warranty to you!

At this point, the die is cast. I would ask the plumber if he'd be willing to put his "concerns" and experience in writing... and then contact a real estate attorney. I would not contact this agent directly again.

Good luck.

Thank you all for your responses and insights.

I contacted the seller's agent directly and he was extremely rude and defensive over the phone. I tried to calmly explain my concerns. He raised his voice, became immediately defensive and border line abusive. I had to hold the phone away from my ear (he is a yeller). Unfortunately he has behaved this way in the past, when he verbally threatened the loan officer at our bank during the closing process. I was initially reluctant to contact him via phone because of this behavior. Our bank and our real estate agent were disgusted by his behavior.

When I addressed my concerns and relayed what the plumber had told me, he told me I needed to fix it as it's my house now. He said I'm being petty; he claimed not to have been present during the plumber's work but when asked, would not tell me who was. This contradicts what the plumber told me. He then said the plumber is not being truthful. The plumber was extremely helpful and polite over the phone and has no reason to lie.

The agent was extremely agitated; he pointed out to me that he is a licensed VA attorney, and he told me to sue him if I liked (no joke). I am an extremely laid back individual and could barely get in a word edge wise. I did not raise my voice, nor did I threaten him at any point. I did ask that the problem be fixed, but that was it.

I intend on sending the seller's agent a written letter of complaint, asking him to fix this situation. If he doesn't, then I will proceed as you are all recommending. I'm not sure the garbage disposal is worth my time in court, but submitting complaints to the DPOR, Real Estate Association, etc. is free.

Frankly, I'm shocked. I'm really not sure how this person sells houses treating people this way!

Here's a link to the Complaint Form and How to file it.

http://www.dpor.virginia.gov/dporweb/enfocomp.cfm

I would also be speaking to an Attorney, paying for a one-time consultation to see what they think may well be worth your money and time.
Be sure you can verify all the claims you make

Good luck, Dunes

* Based on what you say here, and not having heard from the Seller or Agent or Plumber:

Wow, a Latent Defect masked over by a Real Estate Agent.

That is a major legal issue in many states, including Florida.

How sad that an Agent would jeopardize their License and their Livelihood, not to mention risk a lawsuit against the Brokerage Office and the Seller, for a lousy garbage disposal.

See a Real Estate Attorney for advice.

--------------------
Best wishes; hope it turns out well for all parties.
Fred
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How about a simple call to the agent and reiterate what you are saying here. If it is true, and the agent was trying to cover it up, they should be quick to get it fixed properly, as a new garbage disposal is fairly inexpensive. Also, the plumber might be trying to cover his own mistake by blaming the agent.

Good Luck!

Concerned,

Has the agent been contacted and provided with your complaint? Not to make excuses, but there could be a very wide variety of twists and turns that have not been considered. Always be sure to have all the facts prior to addressing an issue such as this....you need to hear the agent's perspective directly from him/her.

If the situation happened as described by the plumber, the agent should be allowed the opportunity to present their view of a solution. If this is not attainable, you may need to contact their broker to present your concerns.

Should this not bring you to a satisfactory conclusion, it may be necessary to take more agressive action and contct the DPOR.

Dear Concerned Buyer,

The Virginia Department of Professional and Occupational Regulation (DPOR) takes complaints very seriously. You can reach them online at www. dpor.virginia.gov and follow the links, or call them at 804-367-8504. If the selling agent is a member of the National Association of Realtors, he probably belongs to the local Realtor's association, which, if it is the same as your zip code of 20155, is the Prince William Association of Realtors. Your Realtor can find out if the other agent is a member. You can file a complaint with that Association, also. If the complaints go forward, it can cost the selling agent money and perhaps other penalties.

Just as a small aside, you mentioned a 6% commission: your buyer's agent may have made 3% of that 6%, so the selling agent probably did not make the full 6%. I suspect the leak problem and lack of disclosure is the bigger issue, though.

Best wishes for a satisfactory resolution.

Mary Margaret Gates
Realtor, GRI, Senior Housing Specialist

Thanks Angela; my first instinct was to contact the head of the agent's branch.

Then I noticed that the agent is the "owner". That makes things interesting to say the least, and even more puzzling. I would think the owner would not risk their business by conducting themselves this way. He stands to lose a lot of business, and is potentially putting his licenses at risk.

I'm not sure how serious the DPOR takes these complaints, but I do know that even losing one customer at 6% commission (since he's the broker/ owner) far exceeds the $359 that he cost us during this home sale.

Homebuyer, I am very sorry this happened to you. That's hard to hear and I feel for you. I cannot imagine that your state is much different than mine with regards to an avenue and procedure for complaints.

Contributors from your state can attest to your best approach with that. Contacting an attorney is always advisable. However, some other suggestions would be to contact the broker/owner of the company this agent works for. In Texas, we have to work as associates under a broker for two years before we can become a broker. Our broker takes on liability for our actions, as they are expected to oversee our transactions. Chances are that this is one bad one in a company of many good ones. If it happened to you, the chance is even better that similar events have happened to others. It may bet that the owner of the company and other agents are aware of "shady" dealings but haven't had anyone come forward to show it.

It never hurts to approach the company, not the agent, that serviced your transaction and give them an opportunity to make things right. If I were the owner, I certainly would want to know, and want you taken care of.

I hope you receive the resolution you deserve. Best wishes for much happiness in your new home.

I would contact your agent, and have him present this problem to the listing agent. While its unfortunate these situations happen, my experience has been that "most" people like to do good business and do the right thing. Even if after it closed, if I were your agent I would still pursue as it was obvious the problem was not cured. Also when, it was repaired was there a warranty provided??? Many times these arent worth the paper theyre written on, but sometimes they can come in handy. If these have already been attempted and a complaint is your final resolution you can look up your local real estate commission and there should be a complaint department online or phone number.

Thanks Jimmy.

I admit, that's comforting (about the DPOR), and disturbing about the number of agents out there with ethics violations assessed against them.

-Brian

Thanks MHT; I agree, I am looking to keep the costs down. The unit will cost $359, so it's not cheap, but certainly not worth retaining a lawyer; worse case I would pursue small claims court.

My real estate agent hasn't responded yet. I left her a message and an email. I value her opinion, but wanted to get the issue out to the community and see what other agents had to say about this issue. I'm not as concerned with the money, but with the ethics (or lack thereof) involved with this matter.

I am seriously considering filing a complaint with the DPOR. I'm not sure how much good it will do, but I would like to warn potential buyers/ sellers about this particular agent. They are a broker and owner; and if they're willing to cover up an issue to save their client $359, what else are they willing to do?

I'm not a realtor, but I do know that agents' livelihoods are based on personal relations/ recommendations. I would think the real estate community would highly discourage this type of behavior. Thank you for your answer!

oops - I read your response to the first question.

Yes the DPOR is responsive and would satisfy what you are trying to achieve. I have filed complaints with them before when dealing with a builder and they were easy to deal with. They do take a long time to process everything, but we receive a quarterly mailing and you would be amazed at how many Realtors have ethic violations and fines assessed.

Jimmy

A cheaper alternative would be to file a complaint with the DPOR in the state of Virginia. They oversee Realtors and can charge fines and regulatory practices. The cost of attorneys and going after the agent is going to surpass the cost of a $100 garbage disposal. What does your Realtor have to say about the situation?

Jimmy Mulhern

Thanks Paul. I will contact the attorney as you suggested. Strangely enough, my issue here is more with the seller's agent than with the seller. I just find it incredibly shady that they would "cover up" a problem that has been addressed, in an attempt to save their client some money, which they should have rightfully fixed the first time.

Yes, it passed the walk through inspection prior to closing, but we didn't run the faucet for an extended period of time. It took a few weeks for the glue to fail. Our issue is that they didn't address the root cause of the problem, and now it's costing us money. It's not much money, but it's about the moral principle of the matter.

To be perfectly honest with you, I'm more concerned with filing a complaint against this agent than with going after the seller. I understand the agent represents the seller, but even the plumber admits this was "shady business" e.g. the home inspector identified the leak as a problem. The seller agreed to fix it. They hired a plumber as agreed upon within our addendum to fix the leak. The plumber identified the faulty unit causing the leak as the garbage disposal. The seller's agent told the plumber not to fix the disposal unit (causing the leak) but to instead apply a temporary solution (glue) to get them through closing, placing the wool over our eyes until recently.

Had the plumber not mentioned this to us, we would have had no idea. But as mentioned, even the plumber referred to this agent as "shady".

Is there grounds for a complaint against this agent with the State of Virginia? How about through The Department of Professional and Occupational Regulation? Would they listen to this, or just shrug it off?

Normally, you would not have any recourse after the closing if the sink was not leaking at the time of the final walkthrough inspection. Once you close and own the house, you usually own any problems that occur after unless money was held in escrow for specific issues. You may have recourse against the seller if they signed a property condition disclosure representing the sink as free of leaks and in good working condition. My best advice is to call the attorney that did your closing and ask if there is anything that can be done.