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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23978
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We have a home buying problem in Andover,Mn. We bought a

Customer Question

We have a home buying problem in Andover,Mn. We bought a home and had an inspector
That stated he didn't find anything wrong with the house. The most serious is the hardwood
Floors are creaking ,squeaking and moving when you walk across it. These floors look like
The are fairly new, the house was built in l998. While looking at the floor joists from an
Opening in the basement ceiling, we could see that the floors were laid with the joists
Instead of the proper way which is across the joists on hardwood floors which is causing
The creaking etc. Also, the bath shower floor is high on the sides so it does not drain
Properly. The whirlpool tub has a lab faucet ( too small for a tub). What can we do about
This problem even though the inspector has a clause that states if there is a problem you
Can only get his fees back. Can we go to the homeowner or not revealing these problems.
Or the realtor, or both.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

I certainly understand the situation and your concern. First, do not rely on what the inspector is telling you or his insurance company, since you may have a claim against him, if he breached his duty and was negligent in the inspection He nor his insurance carrier are going to want to have to pay you anything, so you do want to consult with an attorney in person, so they can look over his contract and see if you could go after him and what his insurance policy will pay and cover. Now, the homeowner would only need to disclose known defects and problems with the home. The sound alone and the fact that they move, may not be something which they knew was a result of the floors being improperly installed. If they were, I am inclined to believe they would have had the problem fixed, by the company who did the work. Same goes for the issue with the shower floor and tub and if these are material defects/problems, that effect the condition of the home and its habitability. If the contract did not require they disclose this or if they did not know, it is hard to hold them liable and the realtor would not be liable either, unless they hid something as well. You can try and settle and go after all of them but at the end of the day, if nobody wants to admit fault or being liable, then you need to sue, so the attorney needs to read all the contracts and see what was represented and agreed to, to know who can be included in the lawsuit.

Expert:  RealEstateAnswer replied 10 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 10 months ago.
YOU DID NOT TELL US ANYTHING WE DIDNT ALREADY KNOW. PLEASE REFUND
OUR MONEY AS YOU PROMISED IF WE WERE NOT SATISFIED.THANK YOU.
Expert:  RealEstateAnswer replied 10 months ago.

I am happy to still work with you and answer any additional questions which you may have. If you want a refund, you can contact customer service and they will be happy to provide one.

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