What Steve said.
And in the meantime, it's a house for the living. Plan a party in it; do a little redecorating. You can't sit on this problem and ignore it, but it isn't going to fall down tomorrow either.
Banty
You keep saying "my" agent. Did you sign a contract with this agent to represent you? Or did this agent get a commission on the sale of the house? This agent certainly did not act in your interest, so it is important that you know who the agent was obligated to serve, you or the seller.
How did this agent know when the inspection was going to occur? Who paid the inspector? Did you call the inspector afterward, privately? Una
And also possibly the agent.
Could you post some pictures of the cracks? Just how extensive is the cracking?
This is a major problem and requires blocking and boxing to repair. Also get a FOUNDATION REPAIR company to look at the house. This is beyond the scope of a standard home inspection service. Also, the foundation repair estimate better be free or look elsewhere.
This one was hidden by a tall freezer so the
Take lots of pictures!
After the next rain take some pictures as evidence. It is obviously not fixed.
As a teacher it great that you try to instill honesty in the students,
However you need to get tehm ready for the real world. There is much cheating and dishonesty out there.
I don't recall the name of the movie or exectally what was said. It was Roger Dangerfield going back to college after he was a business man. A question was asked by the professor about how something was done . After an answer or two, Roger stood up and said that was all wrong, you had to bribe the people and basically do a lot of other dishonest things.
The selling agent and if you had a buying agent for the house, neither one gets paid if they don't sell the house. Many times the inspector is one recommended by them. He gets paid either way, but if he does not give a good report, he will not get called very often.
Did this agent *double-end* this closing? Representing seller and buyer. In NV this has to be documented in the closing papers.
Oren
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Start making notes, collect your documents and take photos now! Take more when you have the damage inspected.
Document, Document, Document. Did I say photos?
I think trying to bail out of this house now; will cause more stress on your life.
Oren
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"Blocking and boxing"?
Banty
I believe it was called Back to School, very funny movie. And point taken. I didn't use the inspector my buying agent wanted me to use because I read that could be a bad idea.
Our buying agent was paid by the seller. We were assured that she represented our best interests by law. Again, my naivite is showing. She knew when the inpspection was going to occure because she kept very close to our case, calling, etc. I thought she was just trying to do a good job. Maybe that's true, I don't know. I payed the inspector. My wife kept our egent busy for a few minutes so I could speak with the inspector alone during the post-inspection walk through.
No, we hired our own agent. She was recomended by a friend but was paid by the seller.
I understand what is being said here. For better or worse, it's my responsability now. If and when we do try to sell, we don't want to lie on the disclosure. Not just because we would have the bad luck to get sued, but also it's just plain wrong. We don't have the 20-30k that the contractor quoted for digging out the foundation but I'm not sure that it would be necessary for it to be truly fixed. This is why I will be calling a structural engineer.
Was there a Contract between you and your agent?
Oren
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Good advice, thanks. I don't want to tip my hand or give them a head start.
That sentence shivers me. Was this a licensed Realtor?
In my state I can take a class taught by brokers ($500.00), never be licensed but work for the selling Realtor....thus, *buyers agent*.
A buyers agent does the foot work, phone calls, holds an open house with baked cookies. And brings the walk-in buyer to the selling Realtor - under their license.
Think Realtor vs *buyer's agent*
Oren
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I've been following this post for several days and have a couple of thoughts. It sounds like you've been had. To make you whole you will probably need to litigate. Take a set of good photos that illustrate the problem(s). Make the measurements suggested elsewhere to determine if the walls are moving, and are now non-planar. Find an attorney with a good track record in this area, not one that a friend of a friend suggests. Do your homework and interview several. You are hiring them as a consultant...approach it that way.
A first order search could be done by using Martindale-Hubble
If you can find an attorney who will take this (perhaps on contingency) then have at the seller. After you know what resources you have to fix the problem talk with a good engineer and perhaps a hydro-geologist if water is an issue. Remember though that little can be accomplished to hold back water from the inside of the foundation. Diversion of the water from the outside is the most effective approach. French drains, perimeter drains at the level of the footings, etc. are most effective.
I'm an engineer who has worked with numerous attorneys as an expert witness...we've never lost a case. (I don't do it any more. I'm retired.) However, I feel quite confident when I say that as with any profession, 90% of the engineers and attorneys are not in the top 10%. Choose carefully.
Boden
No, no contract.
Boden, Feel like coming out of retirement? Seriously, thanks for the advice. I hope I'm better at choosing an attorney than I am at real estate agents and inspectors. I'm concerned though, if I go with an experienced attorney that has been in the area for a while...he may know the seller. The seller was a businessman in this area for almost forty years. If I go with a young hot shot, he/she may lack experience. Should I look for someone with a limited area of expertise (including real estate) or one with a broader scope? I will do my homework and take the measurements. Again, any advice would be appreciated.
-Mac
I'm sorry to hear that.
This *buyer's agent* - in essence did not work for you, but for the listing Realtor. She reeled in the buyer and got her commission/fee. She is not most likely licensed.. and I suspect your urgency to get into this house from a rental contributed to this.
Always have your own state licensed agent or attorney and a contract.
Oren
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I'd look for an attorney outside the town/city you live in. Find out where the court for your county is. Look for an attorney in that city. Some individual practitioners are very good, but the larger firms tend to have resources that may be useful. The hourly cost is not as important as the total cost. I find that the more experienced folks often cost less at the end of the day. Negotiate. Contingency, fixed price, not to exceed, etc. Attorneys are in business too.
Boden
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