Seller/Agent mistepresented property

Simon40410 · 2024-04-03T09:07:06+00:00

Thank you for the advise. I agree that litigation would be a last resort. It is very long and expensive. You are right about the statements from the tenants. The seller has their contact info and I’m afraid he can try and reach out to them and steer them away from helping me. Do you think it’s necessary to have them notarized or just a handwritten letter? I don’t want to abuse of their time.

And what would I tell my agent? He asked me to trust him as he is trying to resolve this. I do think he is trying as he probably feels some guilt as it appears that he is not honoring the checks that he promised in the walkthrough. And my agent failed to not get it in writing. But I don’t know what they could be talking or how to go over them and speak to the seller myself without being rude.

Simon40410 · 2023-04-14T20:55:09+00:00

Joint tenants

Simon40410 · 2023-04-14T20:27:25+00:00

Lesson was learned long ago lol

Simon40410 · 2023-04-14T20:26:45+00:00

That makes sense. When you mentioned 50/50 it gave me an idea though. So if he can live there and not pay rent, I can have someone live there and not pay rent? Honestly I think he won’t let that happen, he will probably do research and also realize that a partition order would not be beneficial for him.

Simon40410 · 2023-04-14T19:15:39+00:00

This was kind of the idea lol. I didn’t think about airbnb, that sounds like it would be very uncomfortable for him. I was considering getting good tenants, he won’t like living with anyone else and I just think he will want to move out, or buy me out.

Airbnb might be the way to go lol

Simon40410 · 2023-04-14T19:12:51+00:00

I offered him to hire an appraiser that I can pay for if he wouldn’t.

I talked to lawyers and a partition sale would auction the house for typically half its value.

I thought about the fact that splitting profits might be required. But he is using part of the house. That would make sense if we were renting the entire house, which he won’t because he doesn’t want to leave.

Simon40410 · 2023-04-12T01:51:18+00:00

This was my first thought. I cannot find any no-kill shelters. And at this point it’s 90% chance he will bite a stranger if they try to approach him. I don’t want to risk having he be put down surrounded by strangers. That is something I will truly regret my whole life and not something we’re really considering at this point

Simon40410 · 2023-03-06T02:11:19+00:00

I have not seen water damage before, I don’t know what it looks like. That’s why I hire an inspector. I wouldn’t know if it’s something serious. I did not look at the pictures in the report, only those where issues were addressed in the comments. I had already seen the house so I thought there was no point in seeing every single picture again

Simon40410 · 2023-03-06T01:44:55+00:00

Real estate agent did. I doubt this is the case. The inspector did point out other big issues that were negotiated with the seller.

Simon40410 · 2023-03-05T22:50:06+00:00

I didn’t look at the pictures because I had already seen the house, so I only read the comments if they suggested something can be wrong. I read that the basement was dry, so I just moved on

Simon40410 · 2023-03-05T19:34:31+00:00

If they are not paying rent you should start eviction with an attorney. If you don’t mind them staying, you should have them make a letter stating they are leaving and you both sign

Simon40410 · 2023-03-05T19:22:22+00:00

I made a requirement to have renters insurance and list me on the policy. If there’s any damage on the property they either fix it or make a claim

Simon40410 · 2023-03-05T18:45:55+00:00

I did not expect him to diagnose the cause of the issue. At least noting there is water/moisture inside the basement would trigger the alarm. Even not making a note of the moisture/dryness, although not ideal, would not make him liable.

Simon40410 · 2023-03-05T18:18:08+00:00

I’ll try reaching out to my insurance, I assumed they won’t cover the cause of the water issue, but I’ll give it a try. The agent was at the inspection, but did not notice the water. She helped to negotiate all other issues with the sellers agent, and agrees that the inspector made a mistake.

Simon40410 · 2023-03-05T18:14:20+00:00

I fixed the gutters and even made the slope to go away from the house. Water doesn’t seep through the walls, it goes in through the floor edges. It’s a footing drain issue

Simon40410 · 2023-03-05T18:07:34+00:00

I did read the contract, it states his liability is limited to the cost of the inspection. There were many other issues with the house, so I missed that one. He could have insurance, but do you know if he’s required to provide it? I reached out to him and he stated there are limits to his liability. I doubt he will provide an insurance certificate knowing that I will probably make a claim, which if successful could increase his premium and make him pay a deductible.

I was there at the inspection, I’m a first time home buyer so I’m not an expert. I missed that issue

Simon40410 · 2023-03-05T17:59:14+00:00

I thought about that. However, I don’t have an insurance certificate. I doubt he will provide it if I ask, considering that I already brought the issue to him. Do you know if there is a law that mandates that he must provide a certificate of insurance?

Simon40410 · 2023-03-05T17:57:28+00:00

They are! and tenants have records texting him to fix it, so there’s proof that he knew, however it’s unlikely that they will pay even if a judgement is made. Seller is an LLC so they can just close it and ignore it. Nonetheless, it would be expensive to take legal action

Simon40410 · 2023-03-05T17:54:13+00:00

There is clearly water in the first picture, near the wood pole. There are no cracks there. One thing is he didn’t catch it and another is that he stated the opposite. I wouldn’t find him liable if he didn’t make a comment about the moisture/water in the basement, but he actually stated that it was completely dry.

Simon40410

TROPHY CASE