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    skilwhit's Avatar
    skilwhit Posts: 1, Reputation: 1
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    #1

    Mar 28, 2012, 08:38 AM
    Realtor did not do final walkthrough with buyer - found seller did not repair
    Just as the question title states; we were not offered and not scheduled for a final walk through with our realtor. We had no idea what they were for or what we needed to check for.. Being first time home buyers, we trusted our buyers realtor to protect us in this venture completely.
    After moving in we discovered a hole was left in the ceiling that the seller specifically said they would have repaired in writing prior to closing.. The hole was cut for the sellers pest inspector to look up into the attic space (this is a manufactured home).
    Also many other repairs were not performed and the ones that were done were not up to code and had to be replaced (ourdoor steps were uneven and tripped people that seller build to replace rotted staircase).
    The hole in the ceiling caused heat to pour into the house and made the air conditioner and heater inefficient (heater blew out after one year of occupying home) - on top of having many spiders entering the home... We eventually just taped a piece of wallpaper over it to try to help... we could still not keep the house under 90 degrees in the summer... We eventually forked out $5000 for a new heater and air unit - and later went into bankruptcy due to all of the surprise issues that were to be repaired popping up with the home.
    Upon inspection of our homesale paperwork only recently - we found a list of items that were to be repaired prior to closing (and weren't)...

    So I guess my question is, is it too late to go after these people that did not do what they said they would do? Also isn't my realtor liable for this? I contacted her office but they went silent and did not respond and said they had no copy of our home sale contracts anymore.. I also contacted my mortgage company, which did the same.. I'm not getting any answers.. and I've lost thousands of dollars repairing things I didn't know that I didn't have to repair.. (Yes I'm that stupid in real estate - I did not read anything nor did my husband because our realtor was one of his co-workers whom he trusted)..

    Can anything be done at this point?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Mar 28, 2012, 08:41 AM
    Quote Originally Posted by skilwhit View Post
    Can anything be done at this point?
    Hello s:

    Sure. Hire a lawyer. You've had enough do it yourself real estate.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 28, 2012, 08:52 AM
    You can pretty much "go after" anyone at any time. It's winning the case that will be the problem.

    There is a sales contract which rules. Oral agreements do not change a written contract. Anything not covered in writing is "probably" not enforceable.

    Your bankruptcy filing pretty much closed your options. You cannot file in bankruptcy and swear you have no "pending or contemplated" (the old language) matters and then turn around and sue someone for money damages.

    And, yes, this is the problem when you don't have professional legal representations and don't read what you don't sign (which is not a legal excuse), but I'm sure you know that and have learned the hard way.

    I have no idea when any of this happened but you may already be out of time to sue - everything else aside.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 28, 2012, 11:20 AM
    Quote Originally Posted by skilwhit View Post
    ...
    The hole in the ceiling caused heat to pour into the house and ...
    Heat rises. Cold air falls.

    Or do you live in a different universe than the rest of us?

    Quote Originally Posted by skilwhit View Post
    ... went into bankruptcy due to all of the surprise issues that were to be repaired popping up with the home....
    "For want of a nail, the shoe was lost.
    For want of a shoe, the horse was lost.
    For want of a horse, the rider was lost.
    For want of a rider, the battle was lost."

    I'm thinking you should have got the hole, and the other minor problems, fixed at once. And then thought about going after someone about it.

    It's too late now.


    Quote Originally Posted by skilwhit View Post
    ... ....
    Can anything be done at this point?
    In a word. no.

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