Tony
North Highlands, California,#2Consumer Comment
Mon, November 26, 2007
I am going to give you some advise, I must first clarify a few things to you first. I make no representations, warranties or guarantees in the advise I give you. Take ir or leave it, I will only give you my two cents...... First of all..... I wasn't involved in your case or know the whole sittuation, but sounds to me that we have two realtors that were negligent in the way things were handled; and it sounds like the Seller was negligent as well in the way he represented the property and house to you (public). Remeber the listing Agent has a duty of good faith to the public and so does the agent representing you to purchase. The agent representing your purchase with you should be prudent, he is an expert in his field, if he isn't, then he should be selling real estate; he should be looking out for your best interest. Nice guy or not, he is a professional? Correct??????? Second.............. GO GET LEGAL ADVISE IMMEDIATELY!!! If you call around you want to find an attorney that handles real estate law, not just a personal injury lawyer. They may offer a free consultation for the first visit. Even if it costs you a couple hundered to discuss your case, do it. See what your grounds are and where you stand in things. Get two or three independent opinions from Attorneys if you have to. Never hurts.... Bring in all your papers (Contracts, Disclosures, title, deeds, anything to do with it, your notes, etc) to the Attorney and pictures, videos, etc of the problems you have. Get estimates to repair the sittuation and bring them to your consultation with your attorney, if you can get some right away. Sometimes if people can't afford an Attorney they can at least get advise and then pursue damages on their own in the courts. You don't always have to have a Attorney, (just be careful if you are not represented by one). Depending on the amount of your claim, you may be able to just pursue it all in small claims court. I don't know the limits for how high a claim can be in your state for small claims but check into it. The Judge in the end will make a decision based on the facts and evidence before them. If it were me in your shoes I would argue that if I would have known of these defects in the property I would not have purchased it, that this goes right to the core, the heart of the purchase. Have fast feet, the sooner you do something the better, don't let it just drag on and say "oh well." Make notes of how everything has happened, and keep current notes as you move along. Keep reciepts for repairs, estimates, etc. Third........... If you felt the need to do so, you could submit a complaint to the state licensing authority for Real Estate Sales People, the boards and associations they may belong to. There is usually a code of ethics or conduct that they have sworn to in joining up. THese people will not usually help you get your money back. They look at if they violated coded of ethics, the rules of the licensing authority and so on. Fourth............ Most Real Estate Sales people are covered with errors insurance. They may have different name in your state, they should have insurance though to cover them against claims. Usually goes up to a million to two million dollars. Ask your Attorney about that as well when you meet with them. Be prepared if you go after the insurance on the Realtors, the insurance company is likely to fight you all the way in court. Fith........... After getting legal advise from your Attorney you may want to give the Real Estate Sales People involved an opportunity to correct the sittuation first. They may tell you to get lost. Your attorney can advise you on all of that and how to do a demand letter or get the attorney to do the demand letter. If it were me, I would demand my damages immediately from all parties involved and send it in the mail in a certified or registered letter. I would give them a certian amount of time to respond. If they failed to do so, I would file a claim in the court. That alone can motivate people to settle. You never know the real estate company or companies involved may want to just settle it and not go to court. Do not expect any of them to admit fault, they are trained and instructed not to. Keep that in mind. I hope this at least gives you some ideas of what your options are. Remember I am not an attorney, this is only my two cents. Maybe others reading have more ideas, or attorneys reading this from your state may have more to put in on the issue. I wish you the best of luck. But if anything go get independent legal advise, ASAP. Please post on here again and let us all know how things worked out for you.