Expert: John McKenna, CMI - 10/18/2006

Question
Hello.  We are new buyers under contract for a townhome in Plantation, FL.  We do like the place, but the inspector found certain bathroom related discrepancies that we need answers to.  Upon the findings, we notified the seller immediately about wanting copies of any permits and warranty info that is available before we will close on the property.  The master bath is obviously poorly laid out and we worry that eventually leaks may occur from the shower, toilet, and sink.  It was documented via e-mail, but we never put it in contractual writing or an official addendum / contingency to that effect.  When we visited the open house it was suggested by the seller's agent that she in fact had been responsible for the remoldeling.  But later, when asked to provide proof of documentation, the seller denied having done anything except for paint work.  I thought we had the upper hand in opting out of a contract,but we just found out today through our realtor that we can be sued for breaking it.  Nearing closing date and after an extended period of time, the seller finally submitted phone #'s to "contractors".  One # was for paint job and the other clearly written and stated via e-mail (per our realtor) "bathroom work".  Both attested to actually being licensed painters but were not responsible for any cosmetic remolding.  When we received bogus home repairs from the seller, we told our realtor that we won't move forward unless she credit's an add'l $2000 or else we don't want it.  When confronted the seller's agent finally admitted that it was one of her x-boyfriends that repaired the bathrrom and even the kitchen.  In the end, she has no way of proving that he is a certified licensed contractor.  Are we at fault here?  Before the inspection, we were told by our realtor that we needed to sign an As Is addendum, does that mean we wavered our rights?  What if any are my rights of walking away without legal reprocussions and get back our deposit?  

Answer
You are asking me a question that relates to legal issues and home inspection issues at the same time.  That makes it hard to answer everything in detail, because I do not know what agreements you signed and the specifics of the items you are concerned about.  I am not a lawyer and this is just my opinion (this is my disclaimer).

With that said, I sense that you feel trapped and think that there may have been less than full disclosure to you about the previous repairs to the house.

And now... instead of getting the answers you want, you are being boxed into a no win situations without a good feeling and the answers you need.

My advise:  THE SQUEAKY WHEEL GETS THE OIL.!!!!

Let it be known that you plan to call your lawyer, the attorney generals office, the real estate commission, the better business bureau, the newspapers, the local TV station, the local neighbors, your brother in law who is the is a trial lawyer in New York... anybody you can call and bring this thing to the LIGHT OF JUDGEMENT AND TRUTH.

Demand immediate and instant relief or START SQUEAKING NOW. Call the brokers over the realtors, call on the government over the brokers, call the boss of the government secretary who answers the phone. MAKE NOISE NOW.  

Full disclosure laws state that a perons can be held liable for not disclosing items and they can be held liable for three times the value of the damage and court cost.  Breaking the law can cause brokers and realtors to loose their license.  Sellers can loose in court as well as realtors who conspire together to hide things.

DEMAND JUSTICE NOW...  LET THE WAR BEGIN AND DO NOT BLINK. Do it now while you still have time before the closing date.

If you find out your in the wrong because of the agreement you signed, then take it like a man. But it sounds to me like you got a good complaint.  Seek the advise of a qualified lawyer (more disclaimer speech).

Say the "s" word... "I GONNA SUE"

And... watch the magic begin... smile.

Let me know what happens,

Good Luck,

John McKenna, CMI
Certified Master Inspector
American Home Inspection
http://texas-inspection.com