AboutDick Dennis Expertise With more than 37 years as a real estate broker, I can solve most any problem presented. If I can`t, I do my research. Problems with mortgages, trust deeds, foreclosures, odd ways of conveying titles. Most any good Realtor can answer questions satisfactorily, but I answer questions that most cannot. Also, ask about my hard-copy newsletter.
Experience Problem solving since 1980
Organizations National Association of Realtors
Publications Publishes The Landed Gentry, guest writer in Who's Who in Creative Real Estate, First Tuesday, Financial Freedom and many newspapers
Question QUESTION: Hello I live in Alaska. My boy friend and I just started buying our first house. In the start we had a verbal agreement that the house was livable and that everything including water, heat, plumbing, etc. worked. So we signed a contract only containing dates and payments. I know we made a mistake in signing but we're both young and we're smart about it. Only after we started working on it we came to the realization that nothing worked. The monitor heated needed a complete overhaul. The plumbing needed to be fixed along with the replacement of the toilet which had a giant crack down the side. None of the sinks worked properly and the hot water heater had a hole the size of a softball in it along with the fact that it was wired incorrectly and you could see where it had previously lit on fire and still had hot leads. All the plumbing was clogged as well and after thousands of dollars of work there is still more work to be done. The house was suppose to have be cleaned and yet it had black mold growing and we found 3 used needles hidden throughout the house and one of them was even in the couch. We met every payment on time until our last one because we spent all of our money on fixing it. Now what can we do? He doesn't want to lower or extend. Do we have a good case if we took him to court or are we screwed?
ANSWER: It's most likely to be your very last question. Some people have to get their education through life's school of hard knocks. And you just got knocked pretty good. I hope you will always remember what I say here: "In real estate (or for most anything else for that matter), if it is not in writing, it was never said." It don't matter who sells you property. If there is a promise for anything, it must be in writing!
You don't say how much of a down payment you paid. But if it was just a small amount, I would simply walk away from the property and figure you have just paid your tuition to school.
Otherwise, talk to a real estate attorney and see if there is anything that can be done. Trouble is, the seller can simply say that you were told that the property was sold "as-is." You could try to take it to small claims court and hope the judge can see you were conned. Otherwise, I wish you well.
Dick Dennis
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QUESTION: Do you think that we have a better chance of winning with witness's? We've already paid the house half off we only had a final payment left, the thing is we've put into the house the total cost it was to buy it, only half of it went into fixing it. He still claims to this day that everything was fixed by professionals, but we have witness's of all the damages found plus all the repairs we've made. I know we made a mistake in not putting it in writing, I told my boy friend not to sign anything until I read it but of course it was done anyway. I know we've dug ourselves a hole already, but give the witness's and receipts of all things bought do you honestly think our case will hold up in small claims court or will we waste more money in the end attempting? Thank you for all of your help too.
ANSWER: Now you make it sound even worse, Kylee. It is obvious you have lived in the property for several (if not many) years. I don't think any judge would agree with you now, it doesn't matter how many witnesses you have. If you have lived in the house a long time, then just forget about it. Ever hear the expression "he said, she said"? It means your word against mine. Like I said before, you just went to college.
I wish you well.
Dick Dennis
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QUESTION: No not years, that is not the case. We only had a few months to pay it off. We've been buying it for seven months now, and we've gotten down to our last payment and since the last few months have been nothing but repairs we couldn't afford the final payment on time. So we asked for an extension because we were under the impression we wouldn't be needing to put any money into the house except for a few cosmetic changes, but cosmetic soon turned into redoing the entire house. He told us to get an extension he wanted an additional 1,500. We don't think we should have to pay the existing amount let alone an extra 1,500 we have to give him up front right now just for the extension. I don't meant to keep questioning you and questioning you. But everyone I seem to talk to has different things to say. I know you know more than most, but I also know you don't fully get the situation. We haven't been living there for that long. We made the agreement and then didn't move in at first because we finished our lease with our former residence first. Then we attempted to move in October of 2007. We had to do major cleaning including black molds, used needles, the floor needed rebuilt in sections and there was lots of water damage and smells. We had to rip all the carpeting out in the place because what had happened was the bottom layer got water damaged so they nailed another layer of new carpet on top which caused all sorts or growths and molds. After fixing those problems, including buying special paints to kill black molds. ( we have all receipts ) We then moved our things into the house only to discover we had no running water. We ended up having to stay at our neighbors house and shower there for over a month. We had to replace the toilet and hot water heater. Even to this day our sinks do not work. Plus there was no heat. We had to hire a professional monitor man to fix the monitor heat, which it needed a complete overhaul because an unqualified individual attempted to fix it messing it up more. The total bull for just that was over 600$! We mentioned these things to the seller more than a few times and he claimed they were all fixed by professionals, when the only professional monitor guy in our town (small town) is the one I hired! We found that our wires were messed up and there were HOT leads just hanging in the walls and the water heater closet had previously caught on fire before we'd even moved in and it wasn't fixed and they even covered it up with tin siding! Basically not only was the house unlivable but it was a fired hazard and we fixed near to everything so we could just live safely! Is a non-livable non-safe fire-hazard house even legal to sell! I don't understand how someone can get away with this and us get screwed? I am once again sorry for the constant questions I'm just fully trying to help you to understand.
Answer 7 months is as bad as 7 years. I wouldn't have accepted all that in 7 minutes. You will have to learn that you DO NOT accept any house without having an inspection by a professional house inspector. If you are concerned with the inspector's cost, how much did you spend to fix up the place? Like I said before, you paid your tuition. I wish you well.
