http://www.trulia.com/voices/How_To_/Home_inspection_found_issues_issues_become_real_a-97676There where some items found to be issues in the home inspection with the garage, didn't see it as a problem since we didn't have a car, now that we have car we found that our garage is a water fountain when it rains. We had a couple of company's give us estimate and mostly all recommend that have half of the garage replaced because of water damage. We had to replace the side door because we couldn't open it. Pretty much everything I mention was identified as a problem, we signed the dotted line, now my concern is if we have a right to request for the previous owner to absorb the cost of the repairs. We haven't contacted our R/E agent nor our closing attorney. I thought I would start here.en-ushttp://www.trulia.com/voices/profile/Real_Estate_Pro-60607-198533/http://www.trulia.com/voices/profile/Real_Estate_Pro-60607-198533/Hi Mark, How would you feel if you were the seller? Would you want to give back some of the money after the buyer (you) had ample time and professional help to determine the true condition of the home? It doesn't make the slightest bit of sense. How long do you think they should be responsible for the home that they sold you almost 2 years ago? If I were the seller I would think you were way off base for even considering that I was responsible for your problem. Best of luck.Thu, 12 Mar 2009 20:21:54 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Evanston_IL-120948/http://www.trulia.com/voices/profile/Real_Estate_Pro-Evanston_IL-120948/Mark... I can't see any scenario, under which, in the situation you've described, where the seller would be even partially on the hook for the repairs. You were given an opportunity to find any/all problems... and upon finding them, to negotiate any credits or repairs. Once you closed on the property, unless you can prove that they purposely hid defects from you, or lied on their Illinois property disclosure form... you own the problems, and the former owner is off the hook. You can certainly consult your REA, and your attorney... but my guess is (and I am NOT an attorney) that you have no recourse at this stage of the game. sorry.Wed, 11 Mar 2009 07:44:33 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Chicago_IL-579481/http://www.trulia.com/voices/profile/Real_Estate_Pro-Chicago_IL-579481/Dear Mark, It sounds like you are in a position now where you "own" these problems. While there may be some mitigating circumstances, you decided to close on the property having known about these potential problems that you are describing. If you did not ask the seller to fix the problems at that time, then it would be very unlikely that you would prevail in a legal proceeding asking the previous owner to assume any of the costs of these repairs. If you purchased the home with the knowledge that there were aspects of it that were not in compliance with Chicago Building Code, then I'd strongly suggest getting those items fixed given that now as the current owner of the property you would be liable for any problems that arise from these problems. If you all had a specific contingency or provision in your purchase contract regarding the repair of the electrical items, then you may be able to re-open the discussion with the original owner re: the costs of the repair of that specific item. You should probably review your contract if you have a copy of it, or contact the attorney who assisted you with this purchase to determine whether or not there is any possibility that the seller might have been (at the time) obligated to participate in the costs of repairing these items. Otherwise I'd suggest just moving on with your repairs on your own. Sincerely, Christopher Thomas Broker Associate, Sudler Sotheby's International Realty 773-418-0640 (cell) christopher.thomas@sothebysrealty.com http://www.mayagentchris.comWed, 11 Mar 2009 07:34:29 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Bethlehem_PA-574146/http://www.trulia.com/voices/profile/Real_Estate_Pro-Bethlehem_PA-574146/Hi Mark, Typically, when an inspector identifies an issue it is up to you to then bring in a professional to completely examine the problem and provide an estimate. Based on the professional's advice, you would then proceed accordingly and possibly ask the seller for a credit or to fix the problem. In this situation, it appears there are two issues. You knew there was a problem but since you didn't have a car you didn't really care about the garage or the problems it might have had. In addition, it has been over a year and a half since you purchased the house. It is possible that what might have been a smaller issue when you purchased the house has turned into a larger one because of the elapsed time and not correcting the original problem. For instance, if the inspector tells you that the house roof should be replaced within a year and you don't go after the seller for any money and two years later your bedroom ceilings all start sprouting water it is not the sellers problem. You were forewarned. Typically, inspectors can only do a visual check. They are not allowed to open walls or cut into anything. It sounds like your inspector did his job and found problems but no follow-up was done on the garage to see if there was a larger problem. Where you do have recourse to go after a seller is if you can prove they lied on the property disclosure. For example, the seller states the well never ran dry and two weeks after moving in you run out of water. Then after talking to neighbors you find out that the seller had been having water problems. Now, you may have a legal reason to go after the seller for a "Failure to Disclose" lawsuit. Of course if you lived in the house for two years before having any water problems then once again you probably have no recourse. Things break and go wrong with a house. A seller can't usually be brought to task two years later for a problem. I don't know the details about the electrical boxes or the way your contract was written to cover the inspection results but these covers are cheap, can be purchased at Home Depot or Lowes, and easy to install. It doesn't seem worth the hassle to even consider trying to go after the seller. Because of the length of time you have been in the home, without knowing all the details I don't believe there is any reason the seller would be held liable for any of these problems. Regards, Joe www.lehighvalleyhomesonline.comTue, 10 Mar 2009 22:03:51 -0700http://www.trulia.com/voices/profile/Other-60629-684005/http://www.trulia.com/voices/profile/Other-60629-684005/Thanks Joe, I was expecting to hear something like that, but there is a reference on the inspection checklist that the drywall in the garage prevented a complete inspection. We removed the drywall because it was falling, then that when the water starting coming down when it rain. When the drywall was there water was rolling to the side wall which is the half that needs to be replaced. Another issue that is not related to the garage has to do with some electrical box covers that are missing, it clearly states they need to put in because of the exposed wires, now is this something we can have them fix? ThanksTue, 10 Mar 2009 20:56:31 -0700http://www.trulia.com/voices/profile/Real_Estate_Pro-Bethlehem_PA-574146/http://www.trulia.com/voices/profile/Real_Estate_Pro-Bethlehem_PA-574146/Unfortunately, you missed your opportunity to go after the sellers for the garage. Since you stated the problems were found during the inspection, that was your "window" to get something from the sellers to fix it. You opted to accept the property knowing about the problem so now the problem has become yours. At least that is the way it works in PA. Joe Finnerty www.lehighvalleyhomesonline.comTue, 10 Mar 2009 20:37:04 -0700