Posted by Ben on May 27, 2006 at 17:44:03:
I’m not going to pay the bill. I’m not responsible for anything they did to their house 3 weeks after closing. Especially since they did not do a inspection and everything was working just fine before they bought the house. Obviously, they wouldn’t have bought the house if it wasn’t working fine. Not doing an inspection is negligence on their part. Why should I be held responsible for it?
Sellers Disclosure Questions-Please help! - Posted by Ben
Posted by Ben on May 24, 2006 at 11:46:33:
This is for the state of Texas.
We sold a house a month ago. The buyer did not do a inspection before they bought the house. We filled out a sellers disclosure and gave it our real estate agent. He swore that he personally handed it over to the buyers real estate agent.
2-3 weeks after the closing of the house, the buyers real agent calls my real estate agent and states there is some major problem with the plumbing or sewer system. They are also stating that they may sue us. The buyers real estate agent is also stating that she never received the sellers disclosure and wants a sellers discloure. My real estate stated that he “threw away” his copy of the sellers disclosure after he handed a copy to the buyers real estate. We were never provided a copy of the sellers disclosure. Now our real estate wants us to fill out another sellers discloure and give it to them and predate it.
We never had any major problems with any plumbing or sewage system. Just minor everyday problems that we have called a plumber for once or twice in the 10+ years that we have lived in that house. Infact all the toilets and faucets were working properly when we sold the home to them.
MY QUESTIONS ARE:
Should the title company have a copy of the sellers discloure?
Do we need to fill out a second sellers disclosure and give it to the buyer? If so, do we need to predate it for before the closing date?
Isn’t it the buyer and her real estate agents responsibility to make sure they have all the papers before they leave the closing?
Is it possible for us to get sued? We stated NO to any major plumbing problems and NO to sewer system on the sellers disclosure(which they are stating they don’t have) because we didn’t have any problems.
Bring in Buyer’s Agent & Broker - Posted by John Merchant
Posted by John Merchant on May 27, 2006 at 18:52:22:
It appears you complied with the law regarding your giving the B full notice, but his Agent (and vicariously, his Broker) might be liable if they failed to give it to their client/principal (Buyer) forthwith as the law demands they will do.
I’d have your lawyer send a letter for you to that Broker and his Agent, informing them that if they failed to deliver same, they’re going to get nailed for liability if you are sued or otherwise attacked over this matter.
Re: Sellers Disclosure Questions-Please help! - Posted by Ben
Posted by Ben on May 25, 2006 at 11:05:48:
Today our agent handed us a copy of the bill that the buyer paid to fix the plumbing problems and the buyer wants us to pay it.
Are we responsible for it?
Again, they did not do a inspection before buying the house and everything was working just fine when they bought the house.
Re: Sellers Disclosure Questions-Please help! - Posted by Natalie-VA
Posted by Natalie-VA on May 25, 2006 at 10:32:37:
Ben,
I’m not an attorney, but I wouldn’t give anything to someone who is threatening to sue me.
The reason that the agents want you to do this is to cover their error. Where I am, agents must keep all those documents on file for at least 3 years. If you have similar regulations where you are, the agents could be in trouble.
Theoretically, the title company should have a copy if it’s part of the contract, but they might be just as organized as these 2 agents.
–Natalie
Re: Sellers Disclosure Questions-Please help! - Posted by dealmaker
Posted by dealmaker on May 24, 2006 at 14:57:21:
First thing I would do is IGNORE any requests from the buyer, the buyer’s agent, and IGNORE any requests to COMMIT FRAUD from your agent. I’m not sure where in TX you are but I can tell you that if these TX RE agents followed the rules they had to use the TX Real Estate Commission (TREC) promulgated contract.
On the contract, page 3, paragraph 7 there are several options which the buyer had to check when he ACCEPTED the contract! The options IIRC are (a) I have received the disclosure, (b) seller to provide within XXX days, I don’t remember all of them.
Anyone CAN sue, but being successful is a different matter, in the facts you presented I wouldn’t take the buyer’s case unless he paid me a fat retainer up front, but them I’m not an attorney.
Tell your agent where to head in!
dealmaker
Do you have this agent on retainer? - Posted by Bill H
Posted by Bill H on May 29, 2006 at 14:44:30:
I guess I have a problem with the agent trying to keep his/her skirts clean by presenting you with bills.
IMHO unless you have this agent on retainer…then your relationship ended two months ago at the closing of the deal…I’d expain this to the agent, tell the agent where to place the bills and sit tight.
Good Luck,
Bill H
Re: Sellers Disclosure Questions-Please help! - Posted by Natalie-VA
Posted by Natalie-VA on May 25, 2006 at 11:45:57:
Ben,
So the buyer didn’t have a home inspection…did they at least do a walk through inspection proir to closing?
I don’t know the amount of the bill we’re talking about here and can’t give you legal advice, but I would say the buyer’s agent should pay that bill to keep her nose clean.
When I represent a retail buyer and they choose not to do a home inspection, I make them sign a waiver that it was against my advice. Additionally, under no circumstances would I allow a retail buyer to close without a walk through inspection prior to closing.
–Natalie
Re: Sellers Disclosure Questions-Please help! - Posted by Ben
Posted by Ben on May 25, 2006 at 12:15:43:
Natalie,
I don’t know if they did a walk through inspection. They saw the house numerous times before they bought the house but, I don’t know if they did a walk through inspection because we didn’t live in that house at the time and we were not present when they were there.
In case they did do a walk through inspection, then they should have been able to tell if there is a problem with the plumbing, right? They should have flushed the toilets and ran the water to make sure everything is working properly (which it was).
If they did not have a walk through inspection, then isn’t it negligence on part of the buyer’s real estate agent?
FYI: The bill is around $1600.
Thank you for your input!
-Ben
Re: Sellers Disclosure Questions-Please help! - Posted by Tom-FL
Posted by Tom-FL on May 25, 2006 at 15:53:20:
So, what are they claiming was defective to warrant a $1600 bill?
Re: Sellers Disclosure Questions-Please help! - Posted by Ben
Posted by Ben on May 25, 2006 at 19:41:12:
Plumbing fixtures and a toilet
Re: Sellers Disclosure Questions-Please help! - Posted by Tom-FL
Posted by Tom-FL on May 27, 2006 at 17:10:43:
That sounds pretty rich to me.
Even here in pricey south Florida, a toilet can be had for $300 installed. That’s a regular mid-grade unit, not the kind Paris Hilton would be caught sitting on. Fixtures? A shower body can be had for around $450-500, including a repair plate if done through the tile, or done from the back (wall repair not included). $525 for a 40 gallon electric water heater, plus permit.
I would scrutinize that bill carefully. The new fixtures should be comparable to the existing ones. Maybe your buyer decided the sky is the limit, since he wasn’t paying for it. Perhaps your $85 Delta faucet was dripping and instead of having the plumber install a $3.95 repair kit, he decided to tear it out and replace it with a $700 Hans Grohe faucet.
Anyhow, good luck and challenge that bill by any means possible.