http://www.trulia.com/voices/Home_Buying/Hi_I_purchased_a_home_that_was_advertised_in_the_-41691However, the agent didnt' put it in the P&S. I just realized that after the fact. I called my agent and the contacted the selling agent but the selling agent now said that is optional and she refused to do anything about it. Is there anything that I can do?en-ushttp://www.trulia.com/voices/profile/Real_Estate_Pro-Agoura_Hills_CA-628698/http://www.trulia.com/voices/profile/Real_Estate_Pro-Agoura_Hills_CA-628698/Can you document your claim? If yes, take it to small claims court for the amount of the home warranty. That's it - stop spinning your wheels. If you want to make an impression, pay a law officer to serve the agent during a weekly sales meeting. The cost of serving the summons and the court fees can be recovered when you win the case.Mon, 20 Apr 2009 21:47:09 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Stevenson_WA-724993/http://www.trulia.com/voices/profile/Real_Estate_Pro-Stevenson_WA-724993/Adveritising a Home Warranty is not contingent on the selling/purchase price. American Home Shield offers a buyer policy that also privides coverage for the seller during the listing period. The seller has to accept this coverage by signing the application form and AHS then provides the listing agent with a policy number. They may have forgotten to have the title company deduct this fee for the premium and are hoping you will not push the subject. If your agent is not succesful in getting the warranty, I would contact the broker for the seller and I would expect they would do the right thing. You can contact AHS and refernce the "policy" by the address, http://www.AmericanHomeShield.com Enjoy your new home! Karen Dove RealtorMon, 20 Apr 2009 21:10:27 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Renton_WA-168776/http://www.trulia.com/voices/profile/Real_Estate_Pro-Renton_WA-168776/If the house has not closed you can also ask your agent to draft up a blank form 34 asking the Seller for a Home Warranty, but be specific on which warranty. Your agent can help you with that. Just another option.Fri, 17 Apr 2009 13:48:18 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Renton_WA-168776/http://www.trulia.com/voices/profile/Real_Estate_Pro-Renton_WA-168776/Hi Thuan, When I represent a buyer I double-check that all items advertised and requested are included in the P&S agreement. Unfortunately, only the contents of the contract (formed when all parties agree to all terms of the P&S agreement) matter. If I were the listing agent I would just pay for your home warranty. They are inexpensive, like $300. It was an honest mistake...I don't think that there is any reason to call the RE Commission...that is a serious step for something as simple as a home warranty. Simply put, you can ask for anything in a real estate contract, regardless of whether it was advertised or not, so determining what is really important to you in the contract should have been written in your original offer. As some of the other agents already said, negotiating can take many forms. Good luck!Fri, 17 Apr 2009 13:46:22 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-San_Antonio_TX-311479/http://www.trulia.com/voices/profile/Real_Estate_Pro-San_Antonio_TX-311479/Great answers have already come your way. The contract was written and a home warranty/serivce contract was not included. Talk with your agent so she can discuss options with you.Fri, 25 Jul 2008 14:18:17 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Lacey_WA-183558/http://www.trulia.com/voices/profile/Real_Estate_Pro-Lacey_WA-183558/Someone owes you a home warranty, if it was advertised as coming with one. Your agent (the Selling office agent--also known as the Buyer's agent) is responsible for making sure it was included in the P&S before closing. The Listing Agent (representing the Sellers) is required to be honest and fair with ALL PARTIES in a transaction. Do you still have the flyer that promises a Home Warranty? Make 2 copies and deliver one to each agent's broker, telling them what you have told us here. Tell them that you feel you have been treated unfairly, and possibly dishonestly. You could also tell them that your next step would be a call to the WA State Real Estate Commissioner. That should get some attention. My guess is that the two agents will end up splitting the cost of the home warranty. I hate hearing about things like this. It is the reason there is so much bad news about agents. I hope this course of action gets you some satisfaction! Please let me know how it turns out. Best wishes! LindaFri, 25 Jul 2008 14:06:57 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-98103-69196/http://www.trulia.com/voices/profile/Real_Estate_Pro-98103-69196/I contacted Fidelity and they indicated there is no time limit for you to order a warranty. That's the www.homewarranty.com website. I just had a closing where I did not write the warranty into the contract for the buyer, as it was a mulitple offer situation. Who wants to lose the house over the cost of a warranty?! No one. In that case the agent was providing the warranty as a benefit to the seller, so it not being in the contract didn't matter. As I said before, worry more about getting one if you feel one is of benefit, then worry about who is going to pay for it. There may be a very good reason why your agent didn't write it into the contract, such as in my case.Fri, 20 Jun 2008 13:20:25 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Seattle_WA-71465/http://www.trulia.com/voices/profile/Real_Estate_Pro-Seattle_WA-71465/Unfortunately, because of all the issues that are addressed in a negotiation like price and requests after inspection, the seller's willingnes to offer the American Home Shield Insurance may have changed. The bottom line is that it ends up being about the money. Only you, the seller and the agents involved understand how that negotiation went. Legally, if it is not in the Purchas and Sale agreement, it is not included as a benefit to you. With some of the Home Warranty companies there is a window after the closing when the insurance can be purchased. If that interests you, you could call some of the home warranty companies.Thu, 19 Jun 2008 20:46:33 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Seattle_WA-159167/http://www.trulia.com/voices/profile/Real_Estate_Pro-Seattle_WA-159167/Good answers below and I mostly agree with everything said. Your agent should have discussed this with you and included it in the Purchase and Sale agreement. I don't think you will have any recourse other than the plausible advice given by Don and Ardell below to try reaching a compromise through and/or with your agent. We would love to hear the outcome of your efforts. Good luck.Tue, 17 Jun 2008 13:31:03 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-98103-69196/http://www.trulia.com/voices/profile/Real_Estate_Pro-98103-69196/If you have already closed, you may not be able to buy a warranty at this point. There are time factors involved. For instance, someone who has owned their home for 8 months and has never had a home warranty, may not be able to get one if they are not in the process of buying or selling a home. Some plans only give the buyer 30 days after closing to modify the coverage of a warranty purchased at or before closing, and not actually buy the warranty after the closing. The first thing you should do is contact American Homes Shield (you can Google the info) directly and find out if you are even eligible to get one at this point. Time is of the essence. If you have 3 days left to get one, I would highly recommend that you mitigate the potential consequence by purchasing the warranty while you still can, and IF you still can, and then seek reimbursement. Sometimes the seller orders the warranty at the time they decide to offer it. This does not appear to be the case in your situation, but give American Homes Shield the address of the property so they can double check on whether or not it was ordered at the time the property was listed. If you cannot get one, I would send a written notification to the agents and their brokers. If you can get one, make sure you know when the time within which you can purchase one will run out and proceed accordingly. Best of luck to you. I would very much appreciate it if you would comment after calling and let us know if in fact they will permit you to buy one at this point in time. Perhaps explaining the situation will encourage AHS to let you buy one, even if the normal timeframe has expired.Tue, 17 Jun 2008 11:41:14 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Bothell_WA-167419/http://www.trulia.com/voices/profile/Real_Estate_Pro-Bothell_WA-167419/Ask the selling agent (the agent who represented you) to see if it was indicated as an included item in the MLS Listing at the time it went pending. I would be happy to forward a copy of the listing to you if you have the MLS number. I am assuming you meant the listing agent (the agent who represented the seller) in your question....Tue, 17 Jun 2008 10:26:00 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Fairfax_VA-115570/http://www.trulia.com/voices/profile/Real_Estate_Pro-Fairfax_VA-115570/I'm not a lawyer, so this isn't legal advice. However, the P&S is binding. After all, a flier might list a specific price, but that price could be negotiated down in the actual contract. Or any number of other things in the flier might be changed. Having said that, it's unfortunate that the listing agent responded as she did. Try working through your agent. Maybe your agent can persuade the listing agent to talk to her clients. And maybe there's a possible compromise. A home warranty costs about $400. Perhaps you and the seller could split the cost. And perhaps, to keep everyone happy, your agent or the listing agent might contribute a bit. (You might very politely remind your agent that maybe she should have caught the omission in the P&S.) Even if you have to bear some (or even all) the cost of a home warranty, it's a pretty good deal. Hope that helps.Tue, 17 Jun 2008 10:12:08 -0700