We found a home we were interested in. But discovered the roof is bad, mice infested the basement and the foundation is sinking.

Asked by 721swans, Hillside, IL Sun Apr 7, 2013

The condition report was filled out by the sellers who got the home from their deceased parent. We spent a month on this home and feel the agent misrepresented.

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Kathy Knight, Agent, Helenville, WI
Mon Apr 8, 2013
I would love to answer your question however it's difficult to know the representation here. Was the agent working as a buyer or seller agent. Every state handles agency different. Did you write an offer or already purchase the home? Not sure what you mean by spent a month on this home? Most of the concerns you have are addressed by home inspections and specialists. An agent may not know any of your concerns and can only disclose information given to them by the seller or seller agent which may not be truthful.
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, ,
Mon Apr 8, 2013
If you are looking to purchase a home in the state of Wisconsin. And if this is the home you are still interested in. I would be able to help you with a mortgage that can fix all the issues that have come up on this house. An FHA 203k Rehab loan or a HomeStyle Renovation loan would allow you to purchase, renovate (licensed general contractor required) a home all in 1 mortgage! If you would like more info or to discuss your home loan needs please feel free to contact me directly:

Mandy Fritsche, Mortgage Loan Officer, NMLS# 557211, 262-327-5700 Cell
877-868-9198 Fax, mandy.fritsche@prospectmtg.com
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Linda S. Cef…, Agent, Franklin, WI
Mon Apr 8, 2013
The agent is not required to climb into an attic, so it's very likely that the agent had no idea of those problems. Mice can be eradicated by a good pest control company. The foundation can be a very serious problem. This is something that can usually be seen or noticed by the eye of the buyer. On the other hand, I have been in 1000's of older homes where the foundation has settled unevenly but after getting a professional foundation person to inspect, we were told that it has moved as much as it is going to move.

As others have already said, you should have had an inspection contingency with a date as to when this would either be contested or satisfied. If that date has come and gone, then you may not have any recourse. If this is the case, I do not believe that calling an attorney would be a waste of money.

Also, you stated that the "sellers got the home from their deceased parent". Were they living in the home? If not, it is very likely that they had no idea of these problems.

Finally, instead of focusing on misrepresentation, you should be talking to your agent about a remedy. Not sure about the State of Illinois, but in the WI, once a problem becomes known to seller, it is their duty to disclose to other potential buyers. There is a possibility that they would rather work with you on resolving the issues rather than to start anew with a different buyer.
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Eric D Lenz, Agent, Greendale, WI
Mon Apr 8, 2013
At this point, if you question the truthfulness of the answers on the condition report, you should contact an attorney if the sellers do not wish to take responsibility for it. However, the sellers may very well have answered truthfully since they had not been living in the property or inspected it. A month into the process, you should have been well past inspection contingencies, so you may lost your remedies available earlier. The attorney may just add to headaches and more dollars spent. The agent is not a home inspector, don't blame them unless it was a fairly obvious defect, in which case it wouldn't have taken a month to discover.
Good Luck!
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Matthew Heit…, Agent, Stoughton, WI
Mon Apr 8, 2013
I'm sorry to hear that you had that problem. Are you still planning on purchasing the home? If not, hopefully your offer had an inspection clause to allow you out of the deal.

Best of Luck!
Michael Collins- CDPE, SFR, BPOR
Broker - Rock Realty

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