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What does somebody do if they bought a new house on another…

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Second opinion] Hello, what does...
Second opinion] Hello, what does somebody do if they bought a new house on another coast and the realtor was dual agency but There are things that were not disclosed and now I have to deal with and I don’t know what to do since the realtor doesn’t answer text or emails or even letters and the seller answers nothing. I even sent a certified signature required letter to the seller and she never responded. Is the seller allowed to stonewall me?I was told that she was living here and here it has been vacant for over year and she’s had renters here that we’re not disclosed. What am I allowed to put in a letter to the seller or the realtor? What does one do if there is no answer to your letter? If I make a complaint against the realtor it will not get the problems fixed correct?It will just go against his record so what am I to do? It’s a small town and he knows all the lawyers who will not help me. I am an outsider in this town and he seems to run the inspectors the lawyers and most everything else!
Submitted: 5 months ago.Category: Real Estate Law
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Answered in 24 minutes by:
11/17/2017
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,060
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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What are the problems that weren't disclosed on the seller's disclosure?

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Did you have a home inspection done?

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Did you actually inspect the home yourself before buying it?

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thanks

Barrister

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Customer reply replied 5 months ago
I was given a quick walk-through and that was it. I had to go back to the East Coast as I had a house back there to sell and the realtor was here and dualagency so I stupidly trusted him to take care of everything and make sure everything was in working order when I got here. He hired the inspector for me but it turns out the inspector was basically working for him and the seller. Things that were not disclosed were 1)gutters are dripping all along the edges which was not disclosed on the sellers disclosure or by the inspector. Inspector said he checked the gutters but not the downspouts and it’s a two-story and very high so there’s no way I can check it. I have no idea what the cause of the dripping gutters is but I know it’s not a good thing.
2) there’s constant comings and going‘s of cars to the right of me and wouldn’t that be something the seller should have disclosed? (As an aside, I am a single woman and alone and the seller,although she lives around the corner in her new house, never visited me or came to help me get adjusted.
3) Hot water heater was tripping on inspection and still doing so when I got here and had to wait three days to get a new hot water heater. Although the seller paid why would they wait until I was already here?
4) The realtor told me the heater was working great and I did not have a chance check it when I was here as it was a warm day in the summer and when I got here in early fall,the register on the ground floor did not even work and he had to have the electrician here to fix it. Once it was “fixed“ the ground floor still doesn’t get beyond 64° with the heat register on full blast for 2 hours. I have to wear a coat gloves and a Hat and I’m still cold on the ground floor. Realtor thinks the answer is a portable heater but they expand a lot of energy and are costly. The realtor listed the house as efficient but how is it efficient if all the heat is going up the staircase? He suggest I put a curtain there but the stairwell is too wide and irregular in shape and high to put a curtain and to even suggest it to me was absurd! If the heat is not adequate then don’t list it as an efficient home!
5) first windstorm we had a month ago and I been here for less than a month when it happened. I heard banging upstairs and here it was the exhaust fan in the bathroom. The seller knew about it and the realtor sent me a text saying that she knew about it. When I asked it to be fixed the only thing he would do, which I guess was directed by her, was to duck tape the flapper on the roof. I have since found out this is unsafe as it can cause mold in the bathroom and I still hear whistling sounds coming from that flapper in the bathroom upstairs where I sleep. It was a Band-Aid put on a nondisclosure!
6) I asked about noise especially dogs and or children that might be intrusive and was told no. Here I find out there are nests of crows all around here and I have to use a box fan to block them out at certain times of the day when they get crazy! Why would the seller not disclos this if I was specifically asking about noise to the realtor? Although he worked for me he also work for her as a dual agency but how do you work for both?I saw the house on a warm day in the summer and not at night. Once I got here I realized the house only is only lit on two sides and not 4 sides. To me this is a safety issue and should’ve been addressed when they were preparing the house and/or disclose this fact so I could see it and have it included in the repair contract.
There were five or six items that were found on inspection to be significant and we did a contract to have them repaired. Initially the realtor told me before I moved from one coast to the other that they were all repaired. When I got out here I asked for documents stating who and when did the repairs. I have yet to get this document and have actually beg for it. It is my right to know that all these things were repaired and by whom and when and on letterhead of the company that did them, correct ?
What is my recourse?
Customer reply replied 5 months ago
Two other salient points: the inspector will not do a reinspection and does not even answer his emails.
2)During the walk-through I was not shown the attic which is mostly in accessible and or the crawlspace and I did not know about these until I saw the inspection report. When I asked the Realtor via email, why he didn’t show them to me he said he typically does not. Ha! That’s a great job to have....
Real Estate Lawyer: WiseOwl58, Lawyer replied 5 months ago
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,394
Experience: Experienced real estate lawyer and real estate broker.
Verified

Under California law, you should file a complaint with the California Real Estate Department against the broker. The borker was not acting ethically and broke the law and will be punished and have to pay the damages you sustained here.

Here is the link to file the complaint:

http://www.dre.ca.gov/consumers/filecomplaint.html

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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Customer reply replied 5 months ago
Sorry, there was a mistake because this is Oregon. When you say he broke the law, can you elaborate please?
Customer reply replied 5 months ago
Also, since the realtor was dual agency and represented me also when he got the inspection report wouldn’t he have to act on anything that he saw was wrong? The inspector recommended a separate contractor check out the crack in the driveway and to my knowledge this was not done even though the realtor was supposedly taking care of things while I was still on the East Coast. Even though He read the report, or maybe he did not read the report…… The hot water heater was tripping on inspection and it was still tripping in late September when I arrived and had to wait three days for a hot water heater. What is his responsibility in representing me and being diligent enough to read the inspection and make sure everything is right before I arrived?
Customer reply replied 5 months ago
Please cancel this question. I will and a new one.
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Satisfied Customers: 4,394
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