Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 9 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 24 minutes by:
11/17/2017
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,035
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.

.

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

.

Did you have a home inspection done?

.

Did you actually inspect the home yourself before buying it?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 9 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 9 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 9 months ago
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,595
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.

Ask Your Own Real Estate Law Question
Customer reply replied 9 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 9 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 9 months ago
Please cancel this question. I will and a new one.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask WiseOwl58 Your Own Question
WiseOwl58
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,595
4,595 Satisfied Customers
Experience: Experienced real estate lawyer and real estate broker.

WiseOwl58 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

43,035 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I was sold a home by a woman who recently turned 80. Over
Hello, I was sold a home by a woman who recently turned 80. Over the course of a few months I have found numerous serious nondisclosures of serious material defects, a breach of a repair contract, mis… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
Olivia Kent please, Unless she is not available in the next
Olivia Kent please, Unless she is not available in the next hour.I am going to forward pieces from a real estate contract and I need some feedback.The one says about the warranty which was never purch… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
4,520 satisfied customers
Does the seller of the home have a responsibility to
Hello, does the seller of the home have a responsibility to disclose if the heating system is an in adequate? The ground floor only get to 64° even though the heat register is on full blast. My hands … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
Does the seller of the home have a responsibility to
Second opinion] Hello, does the seller of the home have a responsibility to disclose if the heating system is an in adequate? The ground floor only get to 64° even though the heat register is on full … read more
Barrister
Barrister
Lawyer
43,035 satisfied customers
I believe this is contract law: as I was on the East Coast
Hello, I believe this is contract law: as I was on the East Coast looking at the inspection report ordered by the West Coast Realtor and noticed a bunch of items needed to be repaired such as trim on … read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
What is responsibility of a real estate agent or Realtor
Hello, what is responsibility of a real estate agent or Realtor when he represents both the buyer and the seller and gets the inspection report? What is his responsibility to the buyer when he has the… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I purchased a home in early September and wasn't able to
Hello, I purchased a home in early September and wasn't able to move in until the end of September and the first rain storm we had I noticed dripping all along the gutters on the sides of the house. W… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I'm wondering how does someone know they need to go to an
Hello, I'm wondering how does someone know they need to go to an attorney? I'm in a quasi-nightmare situation in that I bought a house on the West Coast and had to go back to the East Coast for a coup… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
What happens if you are in a house and are not told it was a
What happens if you are in a house and are not told it was a rental and only told it was owned by an older woman who moved after 10 years of living there?… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,336 satisfied customers
We bought our home last year. At the time, the inspector mentioned
We bought our home last year. At the time, the inspector mentioned signs of previous / current water incursion in the basement, but the seller's disclosure said there was no water incursion. All of la… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Is there anyway to request Socrateaser if he is on today? I
Is there anyway to request Socrateaser if he is on today? I am a real estate agent in Florida. I represented the seller in a sale where the seller requested the buyer to present offers on the FAR/BAR … read more
socrateaser
socrateaser
1,031 satisfied customers
I bought a house in Nov 2014, the seller did not disclose a
I bought a house in Nov 2014, the seller did not disclose a water backup in the contract. The contract states that there was flooding in 2006. She assumably had it waterproofed however will not provid… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
My mom just closed on a house and before the movers arrived
Hi, my mom just closed on a house and before the movers arrived she wanted to install a gas line to the utility room. When the plumber arrived to do the work, it was descovered that gas pipes were run… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
3 years ago I purchased a house with a septic system, just
3 years ago I purchased a house with a septic system, just had a maintenance pump out and found that the septic tank, which is new and had to be replaced prior to my purchase was installed incorrectly… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
The owner did not disclose that there was a fire in the house
The owner did not disclose that there was a fire in the house before the sale was final. During the remodeling she added some 3oo feet to the house. I am now getting paper work from the county tax ass… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Good Evening, Have a couple questions for someone if they
Good Evening, Have a couple questions for someone if they can please answer me. My husband and I purchased our first home beginning of April. During our home inspection, which was after the big snow i… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Is it against the law in Minnesota for a Real Estate Agency
Is it against the law in Minnesota for a Real Estate Agency be a go between, between seller and buyer to a 'former' client after they sell a house to the client? The seller also had the same agency re… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I purchased a house in Washington, DC and discovered three
I purchased a house in Washington, DC and discovered three days after closing that the "addition" to the house had a major structural issue which will cost 20K to repair. I contacted a contractor to p… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x