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Recent Home Warranty questions

I sold a rental SFR in Aurora Colorado April 29. The Realtor

I sold a rental SFR in Aurora Colorado April 29. The Realtor advertised on the MLS that I would provide a Blue Ribbon Home Warranty to the buyer for 12 months from the date of closing. When we signed a sales contract, it stated we would provide a Home warranty for 12 months from the date of closing. When we closed, the sale occurred without a home warranty included in the sale. In August, the buyer realized they had not gotten a home warranty and emailed my Realtor that they wanted the home warranty. I asked my Realtor who she used for home warranty and she said First American. I called and bought a home warranty, the buyer then says it is not the right kind to cover the evaporative cooler; so I cancelled it and bought a Select Home Warranty which is the same as I have at my residence that does cover evap coolers and actually had a lower co-pay that First American. Because I bought the First American policy in the buyers name, I could not cancel the First American Plan. I had to ask the buyer to email First American to cancel the pla for my refund. Fron the date of my request to the buyer, 8/17/16, the buyer did not make the email cancellation within 30 days of the purchase, thereby losing to free look provision for 30 days and was charged a $ 50 cancellation fee plus a reduction in premium refunded due to proration of the policy in force past the free look date. The second plan I bought from Select Home Warranty has been in force since 8/17/16 and was purchase for a year from date of policy purchase which was 8/17/16. The contract only called for 12 months from date of purchase of the property so the property buyer was getting the full 12 months even though we were 4 months after purchase when the issue was presented to me. Now, to further complicate the matter, my Realtor originally put into the MLS sales ad for the property that a Blue Ribbon Home Warranty would be provided and now the property buyer insists that I provide that or she will sue. In summary, I am now out $ 675 for two home warranties, the Select HW is valid which cost $ 375 and covers everything. The property buyer has not followed through on my request to have them send a valid cancellation request to First American to cancel the first plan so I can get my refund; and now she wants neither of the plan described but wants the Blue Ribbon plan or she will sue. What is my liability and what is beyond the contratual demands from the property buyer just described. What should I do to follow Colorado law and fairness to me and the property buyer? Thanks

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RealEstateAnswer

Juris Doctor

30,506 satisfied customers
I closed on a condo in Rancho Cucamonga, Ca on 6/16/16

I closed on a condo in Rancho Cucamonga, Ca on 6/16/16 Rented it back for two months until August 11, 2016When We moved the refrigerator I could not get the valve completely turned off. There was a small drip and I put some plastic on the floor and a bucket to catch the drip. The new owner came buy to look at the cleaning then went to Las Vegas for the weekend. He maintains that he had someone come and empty bucket. On Monday Aug 14, I met him there to give him the keys and pointed out the bucket and drip. There was no mold at that time, his homeowners insurance sent out a company to dry up the water and that person told the new owner that that has been leaking behind the wall for a long time, I owned it for 4 years and never ever say water leaking from behind the wall or in the pantry. He now says he doesn't want to use his homeowners insurance because his premium will go up next year. He is holding me responsible even thou I had no knowledge of what was happening behind the wall. The water and mold abatement man said it has been leaking for a long time. Not to my knowledge, and we had a home inspection prior to close of escrow and it was never mentioned.Help!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I closed on the sale of a rental SFR in Denver on April 29,

I closed on the sale of a rental SFR in Denver on April 29, 2016. The buyer, also an investor did a throrough home inspection and challenged a few things. I agreed in a counter offer before closing to proivide a one year (from closing for 12 months). By the time we closed, I mentioned that they had not requested that we provide them with the home warranty policy so I did not provide one. Nothing has occurred since until yesterday. NMy Realtor called and said the investor who actually moved into the house and has lived there since April says the toilet is cracked at the base and the swamp cooler which was winterized upon the inspection does not work. The cracked toilet was never challenged at all and was not mentioned in the Inspection Objection from the buyer. The swamp cooler was working before it was winterized. Now the buyer wants me tyo fix the cracked toilet and pay for the repair of the swamp cooler. What liability do I have? He bought the property for $ 20,000 under current market value. Thanks!

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Gerald-Esquire

Juris Doctor

5,312 satisfied customers
I am a tenant who has been having issues with the A/C in the

I am a tenant who has been having issues with the A/C in the home since May. The A/C has gone out 6 times and because the house is covered under the home warranty the same company continues to come out. A new unit was installed approximately a month ago and because it was installed wrong the unit has been leaking and currently the leak has caused a major whole in the ceiling in the living room. Due to this whole, the insulation, that is made of fiberglass is dropping down on the living room. What are my rights as a tenant? Can I opt to move out and break my lease or have the landlord pay for my hotel?

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RealEstateAnswer

Juris Doctor

30,506 satisfied customers
During negotiations after inspection report - can the buyer

during negotiations after inspection report - can the buyer request a home warranty policy from Seller

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J. Warren

Attorney

Doctoral Degree

4,156 satisfied customers
I PURCHASED A HOUSE WHERE IT PASSED INSPECTION. THE MAJOR

I PURCHASED A HOUSE WHERE IT PASSED INSPECTION. THE MAJOR THING IS THAT THE INSPECTION WAS DONE IN SEPT 15 AND I TOOK OWNERSHIP OF THE HOUSE NOV15. WHEN I MOVED IN THE HEAT DID NOT WORK. ON THE INSPECTION IT SHOWED WORKING. NOW IN MAY 16 THE AIR DOES NOT WORK. HAD ESTIMATES AND IT IS SAID THAT THE ENTIRE SYSTEM HAS TO BE REPLACED. THE AIR NEVER WORKED. THERE WERE THING ON THE INSPECTION THAT MY AGENT SAID HE WOULD TAKE CARE OF BUT FINDING OUT THEY WERE NEVER DONE. IS THERE ANY RECOURSE I HAVE? I ASKED MY AGENT ABOUT A HOME WARRANTY AND HE STATED THAT THE SELLER WOULD NOT OFFER IT, BUT HE DID NOT EXPLAIN I COULD HAVE PURCHASED ONE ON MY OWN. I SINCE HAVE PURCHASED ONE BUT I AM STARING $5OOO. TO GET HEAT AND AIR INTO A HOME I'VE OWNE A LITTLE OVER 6 M0S. CAN YOU HELP?

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CalAttorney2

Attorney

Doctoral Degree

20,240 satisfied customers
My brother and his spouse sold their home in Illinois on October

My brother and his spouse sold their home in Illinois on October 26, 2015. Last week they received a certified letter from the buyers attorney stating they were being sued for $50,000. Prior to the close there was a home inspection done and the required repairs were completed. The buyer picked the inspector and the seller paid the inspectors fees. The seller also agreed to pay for a home warranty contract.Now they are saying it needs a new roof (the roof is 6 years old), something about the Windows, problem with the chimney, electrical, etc.What should they do? My brother is on disability for brain seizures and this is really bring him down.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I am a tenant...I am purchasing a home so I will break my

I am a tenant...I am purchasing a home so I will break my lease. I have had problems getting a dishwasher installed...it was 2 months for them to get someone to put it in..they kept sending plumber...then home warranty people and still not put in..it is in my garage..the rental people...out of state owner knows there have been issues..they apologize but still not resolved...I did not sign up to rent and have to be between owner..rental management..home warranty..plumbers etc...that was why I was renting...to be stress free...what do I do?

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RealEstateAnswer

Juris Doctor

30,506 satisfied customers
Start of issue: My parents sold house in december of 2015

Start of issue:My parents sold house in december of 2015They disclosed problems in a walk through and the buyers accepted. They also new dog door was included in the house and a home inspection was done and no issue was seen and no intentional hiding was done.I sensed these people were not your normal homebuyer when they asked for four inspections and asked to bring a contractor and friend and pest inspector. I can understand one or two but 4 inspections.Our deal did not close untilJan 2 and money was transferred Dec 30 but had a holiday and the title did not transfer until the 2nd) We had agreement to be out the 7th of Jan. She (new owner) come over to our place and asked when we would be out on Dec 30 I think she thought because she initiated a wire she is owner (but paperwork has to go through) she also said if she got any mail. She made comment she got a truck waiting. We said we bought a new house and we can't legally get in until the money is processed.She then called our homeowner association and the gate it was news years eve and they were told she is the new owner. We were locked out and we still owned the property My father said we still own it and then we got ahold of the management who said they were told to take us off by the new owners. We then said we still own it and we have papers I told my dad they cannot prevent us from lawfully accessing his house and call the sheriff. They would not let my dad in the gate. I called and spoke to management and we got into a heated talk and they said they would allow him in.When we moved out my dad being a good guy even though we had an agreement and they damage was cancelled he noticed the dog door would not close all the way because it got cold and it shrunk he asked the real estate does home warranty take care of it because we were not the owners anymore. We were told we had to pay half of it. I think that set precedent my dad is a nice guy and they would try to get him for every wrong in the house that was not concealed.We got a call that they may have bats and droppings. We had inspection none was present they did inspections none was present. We had some bird droppings in the summer last year and we were told it is not bat droppings.Now they want us to pay to removed bad droppings that supposedly happened. We had bees last year and ants. Are they going to want us to pay for that because we did not disclose ants or pests can come. We had someone come out and we asked if the droppings were bats we said we did not see any. The inspector said bad droppings are different.I am not sure about california law but one is only liable for intentional non disclosure and certain problems like seasonal birds how can we be liable for an action caused in the future. One cant predict birds are going to come or if something will fall out of the sky.We also had them note on report that we had an exhaust fan attached to the window which was a portable ac. Which we had removed and brought to the new home. They noted an incredible amount of things in the walk through including every crack, they even noted a nail in the wall.My parents are living on a fixed pension and I am afraid anything goes wrong these people are going to try to collect.Also out agent and the agent they used are the same firm. I think it creates a conflict of interest.Do you have any case law or rules or can we get a simple letter. They also agreed to arbitration in the documents.

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CalAttorney2

Attorney

Doctoral Degree

20,240 satisfied customers
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