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  • Report:  #231590

Complaint Review: Mike Myers - Century 21 - Norwalk Ohio

Reported By:
- milan, Ohio,
Submitted:
Updated:

Mike Myers - Century 21
Main Street Norwalk, 44857 Ohio, U.S.A.
Web:
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In January of 2003, our Realtor took us to a home that we wanted to see. It was not our cup of tea and she stated "Follow me, I'll show you the home that I know you are looking for". The home was one that she had listed and was gorgeous, out of our price range (which she knew). She also knew we'd fall in love with it, which we did. The home was built in 1829,but completely remodeled. Asking price was $184,900. We put in an offer a couple days later of $175, which she stated was an insult and refused to present it to the sellers.

In March, the home was still available, so we contacted the realtor and went to put in another offer (after contacting the sellers, who were quite upset that the Realtor didn't present our offer). Went in and offered $150K. Realtor stood up and stated that she wouldn't accept our first offer and she most certainly wasn't going to accept this one. I stood up and told her to either draw it up or I'll find someone who will.

The next morning, she called me with a counter offer of $160K, I said $155K is as high as I'll go, take it or leave it. She said that she can't believe that they are even considering this offer. She called me right back and said "You just stole this house, they accepted your offer."

Home was advertised as having a roof of 5 years old, waterproof basement, furnace of 12 yrs. Disclosed NOTHING!

When we came through the home, the basement walls were pure white, basement floor freshly painted grey, realtor said everything has been updated and renovated - move-in condition.

Since we hired an inspector at the time we bought our first home in 2000, we spent 3 hours going through the home and got a seal of approval. Turned out we had to spend a couple thousand dollars because this inspector "missed" the fact that there was no main electric shut off, paneling too close to electric lines, light fixtures too close to drop ceiling and covered with foil, etc.

So I had my father who was renovated his own Victorian home and his friend who is a master plumber come through the home. They looked everything over, including the attic. Asked the realtor of any problems, etc. she stated that everything was in tip-top shape.

At closing time we received the Termite Inspector's report, which stated that there were signs of termites, it was treated, inactive, no problems.

A while after we moved in, the basement walls started to show yellow-brown stains, leaked water under neath front porch and down the walls. We took the tile off of the front porch, which was hiding rotted, decayed wood. We replaced all of that.

On the wall under the porch, took wire brush, bleach and dry-lock and re-did the wall. Let the others go. We have tested positive for a minimum of 5 molds that have over taken our walls.

My husband took a beam out in the area where the termites were "inactive" and there were thousands very "active" termites that have eaten 3/4 of the beam. Had the inspector come back through when my father was there as well. He noticed that things were "covered up" so that he couldn't see them when he initially cam through. They had covered a partial wall with peg board and underneath it was about a 12" track with active termites. He said he would draw up papers stating this information - but of course, we have yet to see them.

Upstairs in our hallway, my son rolled a tennis ball to the dog and the framing around the front door shattered like glass, hollowed out by termite damage.

While we were sitting in our living room watching TV, felt something crawling - turned on the lights and the ENTIRE floor was covered with termites. I have them on video.

We found out later that the realtor wouldn't even allow one of her employees purchase the home.

Last November, spoke with the contractor who worked for the sellers. He stated that the old room was torn off due to termites and rotten wood, they buried an old cistern, and because the walls in the basement were changing colors, he brushed them, bleached them and sprayed them with some paint. Stated that they knew about the gutter problem in front of house and that is why they put the tile on the front porch.

2 months ago, I contacted the seller - she stated that "yes she knew that there was black mold and dampness, that is why she left the dehumidifier - you just have to keep up with it." "yes knew about the termites - thought the holes gave the house character". She didn't remember who filled out the disclosure form.

Have had the Realtor and broker in to re-inspect. As they were leaving the Realtor patted me on the back and said "you know, I didn't have anything to do with this, and I knew nothing about this." I have also been in contact with the Broker - but he REFUSES to believe that his top sales Realtor, who is a strong Christian woman, would EVER not disclose any of this or not present an offer.

Need I say. They are completely UNWILLING to help! Neighbors have said that the roof is about 20 years old, found out the furnace is 17 years old, and the paint that the contractor used was laytex paint which is full of cellulose inwhich mold feeds off of.

Can anyone offer any help?

Me

milan, Ohio
U.S.A.

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1 Updates & Rebuttals

Courtney

Oberlin,
Ohio,
U.S.A.
Errors and Omissions & Board

#2Consumer Suggestion

Wed, February 07, 2007

I'm a Realtor. Your issue needs to be to determine if in fact the agent did lie to you or was truthful. The property owner should have filled out the state of Ohio Disclosure forms by themselves. Therefore, if they filled out with the information that the furnace was 12 years old, etc. the agent would have to go on that. Although it's our duty to inspect properties up to a certain point with our given knowledge of the industry, etc we are not home inspectors. I would guess your contract was written on Firelands Board of Realtors paper, which in lines 108-118 states that you are purchasing in present physical condition, and no warranties or representations were made other than what was written. It also states "even if I salesperson did represent the plumbing, electrical, structure, heating or otherwise to be in good condition, he or she simply would not be qualified to do so. Your home inspector should have been a qualified inspector with errors and omissions insurance. There are times that a home inspector does miss something but they should be called, I've had instances where the home inspector was liable and paid damages or repairs. Same goes with the termite inspector. It sounds as if your father and master plumber friend did the "inspection" Unfortunately without a qualified inspector, you lost the ability for recourse. If you did not have a qualified inspector, you would have had to sign off of that in the contract on line 54. If a termite report said it was treated. When was it? Termites are usually treated for a period of six months. If they were deemed to be inactive before the inspection, the treatment should have been ongoing, usually 6 months. According to the contract you should have been furnished a report prior to closing. Now, keep in mind, I am a licensed Realtor, from Ohio, I have no affiliation with Mike Myers, their agents, etc. I'm not a member of Firelands board, however I am nearby. But, you say you purchased the house in January 2003. Four years ago. There comes a time when you are a homeowner, and just because an agent sold you a house does not mean they are still liable. Houses need routine maintenance and upkeep. Who's to say the termites did not come back within the last 4 years since you have owned the house? If you can prove the agent knowingly hid information etc, you should file a complaint with the real estate board or state of ohio. But your issue is you need to prove it. If the Ohio disclosures are misrepresented by the seller, you should go through small claims. If the termite inspector was negligent you should go directly after them.

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