After the sellers moved, we discovered faded hardwood that was not revealed to us at our home purchase. Can we recover repair costs?

Asked by Suzy, Centreville, MI Wed Sep 22, 2010

We were given possession of our new home last Saturday. To our dismay, after the sellers removed a throw rug from the kitchen eating area when they moved, we discovered the hardwood floor under and near the rug is faded many shades lighter than the rest of the floor. This will be a huge undertaking to repair since the floor in the eating area is joined with the kitchen, formal dining room and hallway floors. Does this constitute a failure to disclose? Could we seek payment for repair costs? The home is in Michigan and was inspected before our purchase. The home inspector did not site the floor in his report to us. The knowledge of the floor would have influenced our purchase price.

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11
FSBOsuccess, Home Seller, 28590
Thu Sep 23, 2010
Did you not do a final walkthrough before closing? Unfortunately, there isn't anything you can do. My Sister had something similar except the kitchen throw rug was covering up a crack!
1 vote
Felix Hung, Agent, Huntington Beach, CA
Thu Sep 23, 2010
Everyone answered the same and I am no different. Only material defects are covered in mandated disclosures (usually) but as I've seen my fellow REALTORS from Michigan have confirmed, cosmetic repairs are not covered.
1 vote
Bob Stoeckle, Home Buyer,
Sun Feb 12, 2017
This type of question is a demonstration of what is wrong with today's home purchase industry. The expectation that the house is not sold as is but, as new. It would be great to revisit Suzy and talk to her about this question as she concludes the sale of this house to someone like her in the future.
0 votes
Derek Bauer, Agent, South Lyon, MI
Thu Sep 23, 2010
This is the reason for inspections and final walk-throughs. You may want to consult with a real estate attorney, but I would be shocked if any damages would be awarded here.
0 votes
Rosemarie Le…, Agent, Charlotte, NC
Thu Sep 23, 2010
Faded floors are not a defect, so the home inspector would not have noted that in his report. A home inspection is meant to discover things with major functions of the house, and so would not have even mentioned the floors even if they were visible. Did you attend the inspection? I always advise my buyers to do that, so they can look around while the inspection is taking place and notice anything that might be of interest. I try to attend the home inspections if my buyer canot, so that someone is there to be a witness.
0 votes
Bruce Gresh, Agent, SPRING HILL, FL
Thu Sep 23, 2010
faded hardwood is not a defect.... it would have been nice to know about it , however.
0 votes
Jeanne Feeni…, Agent, Warren, NJ
Thu Sep 23, 2010
Have to agree - while a frustrating discovery, not at all uncommon.

Enjoy your new home, look for a rug that will fit the area for now and add floor refinishing to your future improvement budget if it continues to bother you.

Best,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference:  http://www.feenick.com
0 votes
Steve Frody, Agent, Hudsonville, MI
Wed Sep 22, 2010
I agree..there is not a whole lot to due with this concern. This Is is a normal concern with any wood floors with or without rugs.. My floor if i compared it to the original wood floor just a 7 years ago would be extremely different too.. Its faded tremendously... Wood floors tend to fade in sun or not. I agree..the new rug on the wood floors...Perfect fit.

Hope this helps.
0 votes
Maureen Fran…, Agent, Birmingham, MI
Wed Sep 22, 2010
There is no question on the Michigan sellers disclosure that would cover faded flooring. Seller's disclosures do not cover cosmetic issues.

I have also dont recall home inspectors mentioning cosmetic issues.

I do not believe you have recourse with either the seller or the home inspector.
0 votes
Joseph Domino, Agent, Scottsdale, AZ
Wed Sep 22, 2010
This type of item is considered cosmetic.

I would suggest a new rug.
0 votes
Sunnyview, , Friendly, WV
Wed Sep 22, 2010
I don't think that you have any recourse. As a buyer it is your responsibility to perform your own inspection and due diligence under the contract. Unlike a concealed structural issue or other material defect, the rug was placed in manner for use. This is not uncommon, but I think that you are better off letting it go and enjoying your house. Home inspectors do miss things, but most have a pile of disclaimers in their contract to cover themselves so your chance for real satisfaction there is slim. You can ask, but will probably not like the answer.
0 votes
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