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Recent Home Warranty questions

We bought a home that was remodeled in CA and a few moths

Hello we bought a home that was remodeled in CA and a few moths later we had a leak in the tub that was newly installed. We bought the house as is. and had home inspections. Can we co after the seller or the contractor who did the work prior to us by buying it?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CaliforinaJA: Has anything been filed or reported?Customer: only to our home warranty companyJA: Anything else you want the lawyer to know before I connect you?Customer: thats all

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Loren

Juris Doctor

44,870 satisfied customers
I recently purchased a townhome with a home warranty. I had

i recently purchased a townhome with a home warranty. I had an inspection. Haven't moved in yet, while painting noticed 2 toliets broken, 1 tank totally cracked, 1 leaking. Warranty refused to cover sating not included in inspection report, clearly it was, stating that all waste , flow, etc were tested. Now I have a soft D.R ceiling with wet spots, there is an acvent nearby and a master bathroom on top. I havent owned home but maybe a month! Please advise as these issues were unknown to me and realtor not responding.

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INFOLAWYER

Attorney

Juris Doctor.

42,934 satisfied customers
We are under contract on a house in Florida. I got a loan

We are under contract on a house in Florida. I got a loan estimate from my financier and see title charges are my responsibility, however when I read the contract it appears the seller is responsible for the owner's policy & charges and possibly also the lender's policy & endorsements. The home is a Fannie Mae Homepath property (REO property).I asked my finance guy why they were on my loan estimate and his response was: These appear to be costs that the Seller is requiring you to pay per contract as they are included on your Loan Estimate (LE). He then asked if I had a real estate attorney to review the contract, hence why I'm reaching out.The contract is a standard: "AS IS" Residential Contract For Sale and Purchase approved by Florida Realtors and the Florida BarThe verbiage per the contract states:CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS:(a) COSTS TO BE PAID BY SELLER:- Documentary stamp taxes and surtax on deed, if any- Owner's Policy and Charges (if Paragraph 9(c)(i) is checked) <--- THIS- Title search charges (if Paragraph 9(c)(iii) is checked)- Municipal lien search (if Paragraph 9(c)(i) or (ii) is checked)- HOA/Condominium Association estoppel fees- Recording and other fees needed to cure title- Seller's attorneys' fees(b) COSTS TO BE PAID BY BUYER:- Taxes & recording fees on notes & mortgages- Recording fees for deed & financing statements- Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked)- Survey- Lender's title policy & endorsements <-- THIS CONTRADICTS THE ADDENDUM BELOW- HOA/Condominium Associations application/transfer fees- Municipal lien search (if Paragraph 9(c)(ii) is checked)- Loan expenses- Appraisal fees- Buyer's inspections- Buyer's attorneys' fees- All property related insurance- Owner's Policy Premium (if Paragraph 9(c)(iii) is checked)The box checked on the contract is Paragraph 9(c)(i) and states:Seller shall designate Closing Agent and pay for Owner's Policy and Charges, and Buyer shall pay the premium for Buyer's lender's policy and charges for closing services related to the lender's policy, endorsements and loan closing, which amounts shall be paid by Payer to Closing Agent or such other provider(s) as Buyer may selectIn addition to the standard contract we signed a Real Estate Purchase Addendum which "is to be made part of, and incorporated into, the Real Estate Purchase Contract".Within the Addendum, section 10: Closing Costs and Adjustments:10(f): Title and Closing Services. Purchaser will obtain title and escrow services from (check one):The box that's checked reads: Seller's escrow closing and title provider and title insurance company used by Seller's provider. If Purchaser selects this option, Seller shall pay for the owner's and lender's title insurance policies. Purchaser and Seller agree that Seller's payment of the title insurance products is limited to the amount that Seller would pay its provider under its agreement with the provider for a basic residential owner's and lender's title insurance policy or their equivalent.The other, unchecked, box specifically states: Other escrow closing and title provider. If Purchaser selects this option, Purchaser shall bear the expense for all title insurance costs associated with the transaction, regardless of local custom, requirements or practice.The costs associated with these services are as follows (per my Loan Estimate (LE):- Title-Endorsements: $150- Title-Lenders Title Insurance: $1,170- Title-Settlement Fee: $695- Title-Owner's Title Insurance (optional): $1,225TOTAL: $3,240When we purchased a house 6 years ago we paid $1,040. Granted that home cost $85k less than this one, but the amount we're being told to pay is triple and we have no say over the company that's used.I appreciate the assistance. I do have the entire contract in case I'm missing anything. Thank you, Jessica

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Irwin Law

Juris Doctor JD

9,982 satisfied customers
What are the typical closing costs a seller must pay for

What are the typical closing costs a seller must pay for selling a house in Tennessee? We just sold our house . Was a clean offer . Above asking by 5k. Our house is almost 10 years old. We are not being asked to pay a home warranty or the sellers costs per the executed contract. Our house sold for 375k , we have a remaining balance of 229k or so. We have to pay our real estate agent 6%. Can you tell me what other costs may we look to incur: we are first time sellers. Thank you

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,072 satisfied customers
My husband and I purchased a home 6 months ago and paid

Hello,My husband and I purchased a home 6 months ago and paid above market value on the home. (30k) after living in the home we have realized the shotty quality of the work and we now will need to put extensive amounts of work just to make it worth what we paid. Is there anything we legally can have the builder/contractor do?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,072 satisfied customers
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

54,072 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

54,072 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

54,072 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

3,978 satisfied customers
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