Expert: Lisa Webber - 2/13/2009

Question
QUESTION: we bought a house  and settled 1/29. There were many problems that the seller agreed to fix but they weren't really fixing most things until day of settlement. Even during final walk thru and next day before I gave check to title agent, still were working on htings such as repairing 30 year old water heater! Anyway, we moved in and found within a few days  that the brand new d/w doesn't drain the water and that the brand new washer sounds like it's going to explode and the water temps don't match the dial (ex. cold/cold is hot/cold and vice versa) I have told my agent who in turn contacted the seller and he said his guys would call me so they could fix it. But they still ahven't contacted me and it's been a week adn I have placed many more calls asking for status. They had a flood at another property and had to take care of that right away but that was 4-5 days ago. I do have a home warranty - but neither this nor the manufaturer warranties will cover incorrect installations. Plus since they are new and were put in by seller's people, shouldn't tehy have to correct the install?

ANSWER: It is really a shame that you were left with such a mess!  In a perfect world, you would have delayed settlement until these things were taken care of and were tested, like the dishwasher and washer.  I understand that they agreed to fix them, but after already going to closing, you don't have much leverage.  I hope you were advised not to settle on the 29th, that would have given them more of a push to do the needed repairs.

Now you're already in the house and the sellers have their money so there is not much incentive for them to fix anything quickly.  We'd like to think that everyone "does the right thing" but in reality, many people will do what they need to in order to get what they want.  Hopefully they still will repair everything they said they would.  It sounds like that is their intention and other things have gotten in the way. Your only recourse at this time is to continue to try to get "the guys" to come out and make the needed repairs.  Your other option would be to have everything fixed yourself, pay for the repairs, then take the sellers to small claims court.  That would be your quickest option for getting the repairs done but also the most expensive since you would have to come out of pocket for the repairs if the home warranty company will not cover them.  Then you would most likely get your judgment in court, but you would still be waiting on payment.  If you choose that route, the seller will most likely be angry and could delay paying indefinitely.  

If I were you, I'd hang on a little longer and make do and be really nice and hope he takes care of the problem.  It's a very frustrating position to be in because you're at his mercy, but if you choose to not be nice, they may delay even longer or not do it at all and then you'd have to go with the second option.

So to answer your question, yes, it is their responsibility to do the fixes if they were specified in the home inspection contingency and I hope that they will do it quickly for you so you can start enjoying your new home!  Good luck to you!



---------- FOLLOW-UP ----------

QUESTION: the installation of the appliances were in the contract and the contingency - which they did - but they are not installed correctly. (ex. mixed up wiring and the improper installation of the d/w drainage hose into disposal which is causing backflow into the d/w) We were going to delay settlement but the lender told us they would have to rework papers and the dalay would cause an increase in over 1500 at settlement due to reprocess and an additional month of taxes,insurance and interest. I have researched the problem with the d/w and know that it is an installation problem. THe washer being wired incorrectly should also be installation issue. the seller had already came and fixed a problem with our showers (no hot water water in shower as they had the limiters set incorrectly in handles as they could not test hot water because heater was repaired day after settlement.) There had also not been a way to know about the washer having incorrect temps until then. The d/w and washer had been checked by us during walk thru but just could see that they turned on and water flowed into them, etc. We did not sit there and wash a load of dishes or clothes to check out the entire process of the machines. This should all still be his reponsibility though correct? We are hanging in there and being nice - but unfortunately our communication is flowing through our agent to the listing agent to the seller and who knows how it may get twisted along hte way. especially since the listing agent is agitated with the problems and both of them (really all 3) have been paid.

Answer
Yes, it should be his responsibility if it was part of the home inspection contingency.  Any reasonable person would expect that the installations should be done correctly.  Since he is offering to fix it, I would definitely keep being nice and see if he'll fix it to your satisfaction.  Would the listing agent give you the sellers information so you can communicate directly with him or do you have a number for him.  You're right, the agents are already paid so they might be less inclined to jump through hoops, whereas they would have been if they had not been paid yet.  It's unfortunate but it does happen.  I don't want to assume that the agent would be that way because they could be doing everything possible to keep in touch with the seller.  

I would wait a little longer and hope that he stands by his word and fixes it for you!