HI again Robert -
From what you had added to your initial question - you believe the seller misrepresented the bathroom tiles as being "new" (only new grout, according to you, to cover up loose tiles - along with a crack in the tub that was "patched" ).............well, purposeful misrepresentation - consumer fraud - is one thing entirely different from repairs not done properly. But fraud is a strong word, and may be difficult to prove.
Not sure how small claims court handles these type of situations.
Would be interested to hear your outcome.
Some more of my random thoughts are:
just curious - did you have a home inspection?
A home inspector should have seen a patched tub, and that could have been discussed then.
The use of the word "new" could be a point of discussion (I never use it unless the item is less than 6 months old - I'll usually say "newer" or "updated", or give the exact age when in doubt).
Now, the seller might have thought that regrouting the tiles was making them "new" and securing them to the floor (are we talking the entire bathroom or just a small section?)......might be hard to prove there was malice or fraud.
Anyway, have you had your agent simply ASK the other agent and sellers about this?
What is it that you want at this point?
Many buyers close, move in .....and unfortunately find "things" that are not done "properly" or to their liking, which is why it is so important to have a thorough inspection done before that closing takes place.
Best wishes and happy holiday!
Moving beyond your tile and grout issues - enjoy your new home!