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Recent Home Warranty questions

I am seeking help! I am in need of advice or language for a

Hello!I am seeking help! I am in need of advice or language for a response. I have to respond to a claim by a buyer of a single family house in Cherry Hills Village in the Denver metro area that I remodeled. My LLC bought the property and we did a fix and flip, poptop. The house came out beautiful. The house sits on one acre and recently sold for 1.3million. The new owners moved in recently.However the underfloor area below the kitchen is cold and caused the kitchen faucet pipes to freeze.The owner is seeking a remedy which could result in a practical solution to the problem and costing $2750 or an outrageous solution costing $14,000.Please see the attached email from the Buyer's broker who also happens to be the Buyer's brother.I want to agree to the $2750 solution without accepting responsibility for the $14,000 solution or whatever the Owner devises.What do you suggest?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,226 satisfied customers
We bought a house two weeks ago. In the seller disclosure,

Hi,JA: Hello. What seems to be the problem?Customer: We bought a house two weeks ago. In the seller disclosure, they said above ground pool equipment was replaced. This specified "plaster, pump, filter" as well as other things. About two weeks in I noticed my filter is leaking and it appears as if the filter and pump are not brand new, although our professional inspector didn't have any marks against those pieces and in my walkthrough after receiving the disclosure I didn't notice anything either.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Arizona.JA: Has any paperwork been filed?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: I wanted to add that we have a home warranty on the pool equipment, but they likely won't cover it as it is now becoming apparent that the equipment was not replaced as the sellers said it was.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,226 satisfied customers
I am being sued by the man who bought my mothers home in MS,

I am being sued by the man who bought my mothers home in Raymond MS, I need help. The man put in the contract that he did not want an inspection, home Warranty(which was already in place) nor an appraisal.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: We also had a contract with Terminex for Termites which he took over after the closing. The house is in Raymond,Ms in Hinds CountyJA: Has any paperwork been filed?Customer: Yes and currently I am using the Estate Attorney but I have been told that I need to find another attorney.JA: Anything else you want the lawyer to know before I connect you?Customer: I have a copy of the summons issued in July,2016. Mr. Anderson is complaining that the house wasa infested with Termites, Mold and Mildrew. We dropped the price of the property by $20000 because he wanted a cash sale with no inspection, home warranty and appraisal. He came to us on 10/28/2014 two days BEFORE CLOSING INSISTING THAT I PUT A NEW ROOF ON THE HOUSE AND WHEN I REFUSED he wanted out of contract with his earnest money . I told him no because I had a roofing report that said the roof was fine. And I told him I would possibly bring suit for breech of contract since I just had to refuse a full offer contract due to the contract with Mr. Anderson.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,226 satisfied customers
We just bought a new home and all I am doing is putting

We just bought a new home and all I am doing is putting money into it. We had to replace two toilets, the flanges were rotted away. I bought a new dishwasher, as the one in the house is old, the racks are rusty and breaking, so it was to be installed today and the shut off valve is cracked and rotten....now I have to call a plumber. it's only been three weeks, still not even fully moved in and the toilets were a problem by day three, just got replaced on Monday. It's costing a lot of money for a home I paid plenty on, should have been able to just move in. is there anything we can do?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: OhioJA: Has anything been filed or reported?Customer: I filed a claim on the toilets, they paid the plumber to fix them (home warranty), but I had to pay for the toilets. I called the warranty company about this new issue and they don't cover this. also, the seller was to pay for a septic inspection prior to the purchase, we never received a copy. I called the company he always dealt with and they told me they hadn't been there in a long time, so that cost me $200 yesterday too.JA: Emailing***@******.*** is the best way to reach customer service.Customer: ok, just tell them I was on here and send them all the info above?JA: Anything else you want the lawyer to know before I connect you?Customer: not sure right now

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Damien Bosco

Attorney

Doctoral Degree

3,748 satisfied customers
How are you!, live in Los Angeles, I have a house for rent,

Hi, Sir/ Madam,How are you!My name is ***** ***** in Los Angeles, I have a house for rent, now we have a question about insurance claim with home warranty. We have a faucet water leak repair with home warranty, per their instruction, we remove two metal bar( heavy kitchen sink bracket) for their repair, they said if not remove, their tools can not work under sink, inside sink cabinet, later they still not repair, pay us $200.00 around to repair ourselves.Now our repair plumber said do not need work under sink to fix faucet leak, do not need remove two sink bracket ( acturally we do not find faucet under sink leak) now we restore sink bracket, the plumber estimate say they can not, except change sink, but change sink will damaged granite counter top, other cabinet..., so my question if we can have home warranty to pay this cost?I really appreciated your great help for it.

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Damien Bosco

Attorney

Doctoral Degree

3,748 satisfied customers
I purchased a home mid July 2016. The night that the house

I purchased a home mid July 2016. The night that the house closed a water leak occurred. Since then multiple water issues have developed resulting in sewage water back-up causing damage to bathroom walls on 2 different occasions, August and yesterday. To date I have spent $3400 out of pocket to cover expense. Neither of the home warranty or my home owners policies have kicked in due to their clauses. I feel like the property had issues that weren't disclosed at time of purchase that were known issues to the prior owners. I did sign an as is disclosure at the time of purchase however. During the August episode not only was sewage water backing up into the shower and tub and seeping through the wall of the shower (the prior owner did the bathroom remodel himself without using waterproofing material in the shower. This created the opportunity for the sewage to seep through the grout between the wall and floor). After yesterday's episode the recommendation is to change out my main sewage line. I am awaiting the formal estimate but the preliminary cost is $10k. Do I have any other recourse for assistance in payment for this problem?

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RealEstateAnswer

Juris Doctor

33,200 satisfied customers
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

33,200 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

50,226 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

6,106 satisfied customers
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