Courtney
Oberlin,#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.