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Curt

  • 1 Helpful Answer
  • 8 Answers
Both Buyer and Seller
Curt’s Answers (8)
Curt answered:
If you signed a contract with the realtor and she found you the house, then yes she could come after you for the commission. If you didn't sign a contract, and you found the house...no worries. BUT, if you signed a contract, and you found the house...then it would be a fight if she wanted to pursue it. - Thu Aug 14 2008, 20:38
Curt answered:
Makes no difference if "both parties were represented by licensed real estate agents". The sale of real estate IN ANY STATE requires DOCUMENTATION, and it makes zero difference who prepares the documents. Now, as for the leak/damage. The most important document you have is the home inspection. You didn't claim it on the disclosure, and the LICENSED home inspector didn't see it. Many home inspection will have a clause stating "integrity of roof not verified" or something to that affect. You don't say where the water intrusion is, but as long as all the proper documentation was filed up to and at the time of closing (disclosure), then you really have nothing to worry about. BURDEN OF PROOF IS ON THE BUYER. They will have to prove a) that the water problem was there at the time of the sale, and b) that you knew about it. Get and keep a copy of that home inspection. - Thu Aug 14 2008, 20:14
Curt answered:
I feel your pain, but I have to tell you...a home inspection would have caught all this and the sellers would have had to repair each and every item before they saw a dime. I understand the home inspection is expensive, but it's only a fraction of the cost of repairs. Think of it this way: you are going to sell the home eventually...why not have the repairs made *before* you move in and let someone else pay for them. If not, you will be making all the repairs before you can sell it. HOME INSPECTION...best 500 bucks you can spend when buying a home.

Unfortunately the only recourse is if you can PROVE that the seller lied on the disclosure statement. Then you can go after money for repairs...but it's not going to be a quick process. - Thu Aug 14 2008, 20:03
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