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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I had purchased a home 6 months ago and feel that the sellers

Customer Question

I had purchased a home 6 months ago and feel that the sellers and sellers agent had lied on the property condition report. I believe the sellers agent and sellers are related. I know for a fact a few things that I was told and what I came into the house after buying is completely wrong from what the sellers agent told me face to face. Where do I go from here?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,I am sorry to learn of this situation. Depending on the amount of damages (how much it is going to cost to correct the issues that you were misled about), you may want to consider hiring a civil litigation attorney to represent you here - your attorney can make a pre-litigation demand on the seller and the agent and help you move towards a negotiated resolution, and if necessary file a suit on your behalf.If your damages are small enough that hiring an attorney is not justified (costs outweigh the benefit), you can do this yourself, or you can consider mediation - contact your local bar association and ask for referrals to local mediators - a third party neutral can help you negotiate a resolution with these other parties - the mediator does not work for either side (both parties pay 1/2) but rather they help you find a "mutually agreeable resolution."Your claims would be for "fraud in the inducement" and fraud by ommission - basically they misrepresented a material fact and they must pay to correct the issue. Having a home inspection creates an issue (if the home inspector should have identified the issue they may potentially be an additional defendant), but it is in no way a complete defense to a material misrepresentation.
Customer: replied 7 months ago.
After moving in roughly the late part in October and being here for a week the sub pump in my 70% finished basement has been running non-stop since then. All winter I have had a lake in my back yard. It wasn't until around mid to late March My basement started to flood. It was not from the sub pump backing up. It was from water coming up through the floor cracks and cold joints and from around the pipes that are in the concrete floor. The seller had some sort of a floor heater for the garage and maybe the basement? It ran from the garage and from a wood burner to the house and into the water heater/furnace that I recall. It was written that the burner would come with the house if bid more. I elected not to bid anymore for this "heater". I come from Milwaukee and know no such things. I had asked the sellers realtor directly what would happen to the furnace and underground tubes and water etc. She told me that he knows exactly what he is doing. He will cap of the underground pipes. I had asked about draining the water from them. She said he would and there is nothing to worry about. I had asked her do I need to have another inspector come in and inspect what the sellers have done to the furnace after remove the wood burner? She replied once again he knows what he is doing and no. We set a date for closing and signing at the title company. I believe the signing was at 3:30PM. My "realtor" called me at 2:30PM, around, and asked if I would like to view the property before I buy? I actually said yes but really looked at the time when I leave work and pick up my Daughter and realized I could not make the appointment. After the signing my Daughter and I came to the house and seen the backyard was torn up with a small backhoe that took the pipes from the home basement/foundation to the garage and where the wood burner was. I really was upset but said to myself I guess I can deal with this. After living here for 2 days my daughter wanted to use the whirlpool tub in her master bathroom. She filled up the tub and turned on the whirlpool and it did not work. I went into the bathroom and seen all the side panels on the tub were crooked and missing bolts. I had went to the fuse box and the breaker was tripped. I reset the breaker and went to turn the tub on again and it tripped the breaker again. I texted my "realtor" and asked her to text the sellers realtor to find out what was happening to the whirlpool tub and my realtor said the sellers realtor said "they never used the tub". That answer got me upset but decided to suck it in. It was not until the water in the basement that set me off. There are wiring problems, water damage in the kitchen and bathrooms I did not see and other things. I can say I am like Forest Gump. "I'm not the smartest man Jenny but I do realize when I have lied to". So after reading my rant and explaination, I see you tell me to call my local Bar Association. 1) If the sellers realtor are Mother and son or if I feel there are too many connections here in Marinette with the family can I go outside Marinette County? 2) how would I reach these Lawyers or Mediators? And after reading what I had wrote what would you recommend? Lawyer, Mediator or 3rd party neutral?
Customer: replied 7 months ago.
Oh yeah, Do I let the sellers agent know what I plan to do or keep it under wraps? Previously I have told her what I was going to do.
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,Unfortunately our forum does not allow us to provide formal opinions/advice/instruction - so you are going to need to decide which route you wish to take.If you believe you can be a strong advocate on your own behalf, and recover the money to at least make the transaction satisfactory to you, mediation can be faster and less expensive.However, if you do not feel confident in your ability to do this on your own, and you believe there is a significant amount of money on the table (based on what you posted it looks like the seller did a lot of damage prior to closing), you may want to consider hiring an attorney (you may still be able to settle prior to filing a lawsuit but an attorney on your side of the table can help give you some leverage (an attorney does not give you additional legal rights, but they can help you more fully exercise those rights).You may live in a small community but even in small communities the legal practitioners have an obligation to either remain neutral (mediators) or to represent the best interests of their client (attorneys). However, if you feel more comfortable, you can always try to find professionals in nearby communities (the only limitations is that if you are looking for an attorney, make sure they are licensed in your state).At this point while you are exploring your dispute resolution options there is no need to update the other side, there may come a time that it makes sense to send them a pre-litigation demand, but it appears they have already rejected your attempts at early dispute resolution and you are now moving towards formal dispute resolution.

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