Expert: Karyn Foley - 1/26/2010

Question
In 2006 my wife and I purchased a home. At the time the broker sold us the house "as is" we were also told that we could not nickel and dime the deal. We recently replaced the heating unit and have been informed of other problems with the house such as the roof, windows and the electrical all need to be upgraded. Is there any recourse that we have with this matter.  

Answer
Dear Orlando: I hope that you had a home inspection service inspect the home during your sale contingency period.  You are entitled to such an inspection and have recourse to accept the findings, ask the seller to make some or all repairs, or come to a compromise.   If you and the seller could not agree, then you had the option to terminate the contract as it was sold subject to the home inspection.  I also trust you were told about home protection plans which can be put on a home once the transaction closes, and then you can opt to continue with the plan on an annual basis.  In most states there are disclosure laws, and I only know about how the California laws work.  The seller fills out a form that mandates that he list all problems that are to his knowledge.  Sometimes the inspector finds some items that need repair that were not to the knowledge of the seller, thus the value in the inspection.  It is now four years later, and of course you should expect that there will be systems and appliances that need repair, and in some instances may need replacement.  I really feel that a long time has elapsed since the seller has lived in the home.  I cannot offer a legal opinion as I am not a lawyer, but I wonder why just know these things have come to your attention.  There are also first time problems with something in the home, and how can you prove that the seller knew about them and how can you justify his responsibility after these years have gone by with your living in the home?  I do not have a copy of your contract, so if you want a more defined answer, you should consult the agent who represented you or a real estate attorney.  I would be a lot more sensitive to your situation if you find out about these problems soon after purchase.  Please let me know if you have any more questions, or if you can inform me of the reason you waited until now to address these issues.  Karyn Foley