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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37076
Experience:  Texas Attorney for 30 years dealing in real estate
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We purchase a home in April 2015, and the pool inspection was

Customer Question

We purchase a home in April 2015, and the pool inspection was not give to us until after we closing, and did not see it until two weeks ago. On April 8,2015 we were give by email a pool inspection report with a paid amount, and there was nothing checked. Then after we moved in one of the spa motors went out, and had it replaced, and then when it was turned on there was leaks around all the filters to the spa motor and pool. and when I asked the agent that sold us the home she said she did not get the full report until April 27, 2015 at 7;30 am in the morning the day before we closed. We we to believe we had the report, the report we had was one page long, and the report she sent me on July 8,2015 was dated April 27, 2015, and we closed on April 28,2015. As the buyer should have had the right to see the 10 page report? And then we had the company that INSPECTED THE POOL AND SPA came out on July 8, 2015 and we showed him everything that was missed on his inspection, and he said he would fix all the problems, but when we got back home after being gone 11 day in Kansas, we came back and nothing was done. Then we call another pool inspector and he found more problems with the spa and pool system the on and off value was broken the feels the pool, and he it been broken for a long time. We feel that the agent that help us buy this did not show us the right inspection report before closing, anfd the pool inspector did not do his job right, he even said the spa cover had minor wear, and when we and the other inpector looked at it, it was a total damage and should have been replace.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
We were here staying in a our motorhome close to the agent office before we closed, We even had my brother -in -law look at the pool inspection report we got back in April 8, 2015 sent to us by email from a Realtor agent , she sent it to us back in Kansas where we were moving from to Rio Rancho,NM, We were here in Rio Rancho from the 25 to the 28 April 2015 day of closing. She gave us a packet with a lot of stuff in it, we was told it was our signed loan paperwork and the closing document. I was not until July 8, 2015 when we looked into the packet because we we told by our agent there was a full pool inspection in it. And we said what.
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
You would claim that there was a material breach of the sales contract based on the failure to disclose.They did not come close to full disclosure here of the pool inspection and the known defects involved at time of sale as you state.
You would have your lawyer send demand letters to everybody here--a shotgun approach.You would try to make all liable here the seller, the inspector, and the realtor.
Additionally you can file professional complaints against the inspector and realtor as they have licensure.Such complaints may inspire them to settle.
The realtor and inspector here have errors and omissions insurance once you send a demand letter you are likely to get at least partial offers to settle.You then decide if you want to sue the parties that have not paid up.all are potentially liable here.
You will need a local lawyer.Your lawyer would seek lawyer fees and costs as part of your damages and costs to resolve.
Lawyer referral here, you want one that does real estate litigation.
http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/kansas
You have five years to bring a breach of contract suit in Kansas.
Contract (in writing), 5 years
Kan. Stat. § 60-511(1)
I appreciate the chance to help here.Please let me know if you have more follow up.Thanks again.
File complaint here.
http://www.kansas.gov/krec/complaint.html
Customer: replied 1 year ago.
So after we called the pool inspector that did the inspection he said he would be out and look for himself what was missed, and we showed him, and we told him we had to go back to Kansas and handle some business and would be back in 10 day, and when we got back nothing was done. so i called him, and him first said he would be out on the 23, of july and no show and no call from him. So was we mislead on the sale of this home, and what other damage can we go after?
Customer: replied 1 year ago.
But this was in Rio Rancho New Mexico not Kansas, Kansas was where we moved from. the property in question is the RIO Rancho, NM 87144 home we purchased. This is where these problem are.
Customer: replied 1 year ago.
Can I sue the Realtor for miss leading us as her clint, She knew she had this full pool inspection before we closed, she told us this in a e-mail and sent us the full inspection report on July 9,2015, She is saying she did not get it in time before closing, but she had it the day before we closed it is date on the e-mail when she got it.
Expert:  Ray replied 1 year ago.
Well the costs of repair, loss of use, legal fees, costs, anything else the lawyer can add on here.This really is unacceptable.
You have to file a complaint with about the realtor here.Kansas allowed the regulation of inspectors to expire so you are going to have to threaten them with suit here.It is totally unacceptable the way you have been treated.
You may want to consider a lawyer here , they don't seem to want to resolve this otherwise.You may get settlement from the demand letters here.Also the seller might also have had homeowners coverage if these were old problems they might agree to pay some here too.
I do wish you the best.I know this is not what you envisioned and they mislead you by not producing the whole report.Odds are the realtor and the seller were all knee deep in this.
Thanks again.
If you can leave a positive rating when we are done it is always much appreciated.
NM law
Contract (in writing), 6 years
N.M. Stat. § 37-1-3(A)
Complaint about realtor here
http://www.rld.state.nm.us/boards/File_a_Complaint_2.aspx
Lawyer referral
http://www.lawyers.com/real-estate/new-mexico/find-law-firms-by-city/
NM inspector..
http://www.rld.state.nm.us/construction/file_a_complaint_faqs_.aspx
Expert:  Ray replied 1 year ago.
Thanks again for the chance to help.I cannot do a phone call but can answer all your online questions.If you will positive rate I can still answer any of your follow up.Thanks again.

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