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Do I have a case??? - Posted by mwillis
Posted by mwillis on July 01, 2004 at 13:34:21:
We purchaced a house about 1 yr. ago. The house was advertised in the MLS and in two realtor brochures that the counter tops were Corian. We experienced a crack in the counter top and when we had a professional comany come to repair the crack we discovered that it is a laminite counter top made to look like Corian. We want what we paid for! We based our offer on the upgrades in the house and Corian was something we were willing to pay for. Do we have a legal case? Should we go after the previous owners? The listing agent? What should we do?
M Willis
Re: Do I have a case??? - Posted by john
Posted by john on July 02, 2004 at 05:24:42:
As someone that has worked with cabinets and countertops for the last 20 years. There are 2 types of corian tops. The normal corian top which is made with 3/4" thick corian thatis fabricated to standard 1 1/2" thick. There is also a 3/16" thick corian that is glued to flakeboard and build up to the desired thickness. Both are corian, the first is usually not a problem the second is cheap but devolops cracks and is really not recomended.
Corian can be repaired, even pieces can be cut out and new pieces installed. In you situation that repair might be what is needed. Corian is getting cheaper all the time lately, shop around.
You should have noticed the difference in tops laminate looks and feels alot different than corian.
If your purchase offer was based on the countertops, you should have made sure it was as stated.
At this point, you have what you have. Chaulk to experience and move on.
Re: Do I have a case??? - Posted by Cheryl Lopez
Posted by Cheryl Lopez on July 01, 2004 at 17:32:54:
M WILLIS –
Questions:
1)HOME INSPECTION. Did you have a home inspection? What did the home inspector call your countertop? Did the home inspector make remarks about the kitchen countertops?
VALUE DIFFERENCE. Have you estimated the value difference on the countertop Corain versus laminate look alike? Even this amount may be a small amount that all the trouble would not be worth it.
HOME INSURANCE. I would check with your home insurance company and see if you can submit a claim on the crack and get reimburse for your cost of the repair.
Cheryl Lopez
Re: Do I have a case??? - Posted by Mark Horn
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Re: Do I have a case??? - Posted by m willis
Posted by m willis on July 01, 2004 at 21:41:50:
Thank for your quick response. Our home inspector made no reference to the counter tops. I don’t think he would know the difference. As far as value, the laminate is much cheaper than Corian. It is about 1/4 of the price. The cost to replace our kitchen with Corian is going to be about 18K. We based our offer on the upgraded kitchen, and if we knew that the counter tops were a laminate, we would have offered about 5K less. The realtor has the Corian listed in the MLS and 2 other sales generated material. Isn’t this considered misleading? Don’t they need to make sure that the information is accurate? See the receipts? The previous owners had the work done themselves–so the builder is not responsible. We contacted the original owners and told them that we had a couple cracks in the tops and if they could send us the paperwork or tell us who installed them. THey said they forgot and didn’t have the paperwork. Its only 4 yrs. old. Do we have a case? I hope so because I am really angry at the deception. The kicker is the man works for DuPont. They are the manufactures of the Corian. Let me know what you think.
Maureen
Re: Do I have a case??? - Posted by Molly Whitehead
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Re: ERROR & OMISSION INSURANCE - Posted by Cheryl Lopez
Posted by Cheryl Lopez on July 01, 2004 at 22:59:59:
MAUREEN –
Another thought was about the “error & omission insurance”.
Your claim may fall into that category. So when you talk to the broker or manager as I stated in my early post … do mention the error and omission insurance policy. Go with ALL your paperwork and highlight the agent’s words about the countertops. This should wake up the broker or manager that maybe you can get some money.
I do know many cases have been settled thru the error & omission insurance. Then you obtain some money for replacement of the countertops.
Good Luck
Cheryl Lopez, Broker
Re: Do I have a case??? - Posted by Cheryl Lopez
Posted by Cheryl Lopez on July 01, 2004 at 22:33:04:
MAUREEN –
I based my response as a real estate broker … I am not an attorney.
My experience in court as far as damages go is based on another agent’s damage case about curtains. So the awarded damages will be based on the “5K” price that you would have paid less for the home NOT the replaced cost of “18K” and that the countertops were 4 years old.
Certainly talk to the broker or manager of the real estate office first. Get their input and comments on the situation. Ask if they want to volunteer payment to you. Then talk to a real estate attorney.
What about your insurance company paying for the repair costs.
Re: Do I have a case??? - Posted by John
Posted by John on July 01, 2004 at 21:57:21:
I think you are out of luck. The house was sold, most likely “As Is”. Any provisions of the contract do not extend beyond closing unless specifically mentioned in the contract of sale. Second, the MLS has a general disclosure that states “All information is deemed reliable but not guarenteed. Prospective purchasures should verify the information to their own satifaction.”.
So, in my non-lawyer advice is live with it. You can sue the seller but you will most likely not prevail and you would throw away more money on a lawsuit.
It happens to the best of us.
Re: Do I have a case??? - Posted by Jessy Danner
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Re: Do I have a case??? - Posted by Jeffery Douglas
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