Expert: Karyn Foley - 5/31/2006

Question
I purchased a house last June... In the process of buying our first home (with a horrible buyers agent) we received the seller's disclosure and it stated a leak in the kitchen.  I told her agent that I wanted to leak to be fixed.  The following day she said the leak was already fixed.  Well 7 months into owning the house the kitchen is leaking everytime it rains.  I noticed what the seller tried to do to fix the promblem but it didn't.   What can I do?  I am sending a letter to the brokerage that we went through requesting a remedy by the seller.  Is there a certain amount of time we have to get that to him? ( a year? )  Should we include an estimate?  

Answer
Dear Jon:  Yes, you did have a horrible agent if you were not provided with a copy of the bill from a licensed repair person.  That should have been what your agent demanded!  You should request proof of what your agent received that allowed him/her to claim that the leak was already fixed.  If it indeed was fixed, you should ask the person who fixed it, allegedly, to repair it again so that it stays fixed.  If it is a leak in the roof, it should have been addressed by a licensed roofer.  If you have received an estimate for repair from your own contractor, you probably might only have recourse it is says that the leak was pre-existing and that it was not properly repaired.  This might be a tough case for you, because it may be from a different area than what was originally repaired.  New leaks can start anytine anywhere.  If you receive no satisfaction, then your recourse is to go the legal route.  Depending on where you live, check on the limit allowed in your local small claims court and you could consider starting action there.  If you feel the amount exceeds their limit, then you should consult a lawyer.  Weigh those options and costs, and see if it is a matter of principal or a matter of money.  If the money is not really a large amount, perhaps it would be better just to proceed and repair it yourself to your satisfaction.  But by all means, try going through the process at the beginning, and call the manaer/owner of the real estate office and make an appointment to discuss it in person.  Bring all documentation that you have with you, and see if you can garner cooperation.  Unfortunately,there are always or usually these issues that surface upon the purchase of a home.  I hope this is the only matter, and that you can put it behind you soon and enjoy your new home and learn how you can be a desirable seller when it is time for you go buyer another home in the future.  Please let me know if you have any other questions, and good luck to you!  Karyn Foley