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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32153
Experience:  Began practicing law in 1992
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In Tarrant County, TX. Just closed on an FAA loan on

Customer Question

In Tarrant County, TX. Just closed on an FAA loan on 7/26/16. The sellers had to do work on the house, fix roof, fix foundation and fix A/C. They "supposedly" did so and provided invoices/documentation which was provided to our lender. Moved in on 7/29/16. Thought the house was kind of warm, but figured it was because the door was open in 100 degree weather while moving in. Not so. Called the selling agent and asked what was going on and he confessed that the documentation of repair was bogus. Crawled underneath the house. NOT fixed, even though got warranty documents from sellers. What recourse do I have? What do I do now?????
Submitted: 2 months ago.
Category: Real Estate Law
Customer: replied 2 months ago.
Oops, FHA loan - darn auto correct. I already called my real estate agent. Need to call my lender, but not available on Saturday.
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Was it not done because a) the sellers chose not to do it or because b) the people who were hired to repair didn't do it as instructed?

Customer: replied 2 months ago.
Expert:  Dwayne B. replied 2 months ago.

You have a couple of choices at this point. First, I'd suggest hiring a lawyer to assist you because you're going to need one at some point.

Next, since this was an FHA loan then the problems what were supposed to be fixed were likely required before the loan would be approved. Therefore this involves both a potential civil case and a potential federal criminal case.

It also appears to have been a conspiracy in that multiple people were involved so that may bring other statutes, like RICO, into play.

Your decision now is whether you want to keep the house and get it repaired or cancel the loan and get another home. Obviously, it is nearly impossible to live in Tarrant County during August without air conditioner (at least for normal people) and there is a good chance that this will take a while to sort out. That's one reason I suggested you hiring the lawyer right away because at some point you will be able to recover your attorney's fees but the lawyer can help to get you into someplace livable during the remaining hot months or at least until the repairs are made. Without a lawyer everybody is going to be blaming everyone else and you will be sitting there sweating while they sort out the blame.

I'm not sure what additional questions you have since your only ones were "what do I do" and "what is my recourse" which is the same question.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.