Location: Washington
Submitted 11/08/08 06:54 PM
Q. i bought a flipped home by a real estate agent who didnt have a contractors permit for anything and my house has a whole bunch of problems.. what can i do and who do i report it to??
Answer #1
Submitted 11/08/08 09:10 PM
A.
Did you do a home inspection? Guess not, if you had you would not be in this situation. Since you did not specify what "problem" you have, you only recourse is to sue in either small claims or municipal court (depending upon the amount of money.) But first you need to determine what it would take to correct the problems and if it is worth the time and trouble to try and sue for that amount. If you are going to proceed, you have start now coming up with some kind of reason you didn't see these things when you made the offer, or during the time period allowed to do your due dillengence because your offer is made for the house in it's current condition unless there unseen issues that are discovered during the inspection period.
Next, go find a real estate attroney but be prepared to pay him/her for their opinion. Good Luck.
Answer #2
Submitted 11/08/08 11:29 PM
A.
First, did you have a home inspection? If you didn't, shame on the agent that represented you or you if you didn't have a Realtor represent you. This would have revealed the "whole bunch of problems" that you have experienced. Also, it sounds like the agent did disclose that they were the owners of the home. I don't know if it is the case in Washington, but in California, permits are not required in order to sell a house, but it is required that the agent disclose if work was done without permits. If you had representation, you need to contact your Realtor. If not, contact an attorney, bring the seller to small claims court or contact the department of real estate in Washington.
Non-member response
Submitted 11/09/08 03:57 AM
YES! we did an inspection the jerks missed stuff.. there is mold under the house and some non working outlets and the dishwasher broke causing more water damage. and the real estate agent was new.. NEVER GO with a new real estate agent who is a friend ive learned.. AND NEVER buy a FLIPPED house.. i have no money for an atternery for all the things missed and the JACK ASSS who flipped the house i cant get a phone number for cause looks like he got fired from the place he was working for... i hope no one else goes through this.. i dont have the money to fix it. and my realator is to new to even know how to fix this!~ ill NEVER buy a house again.. especially with a friend as a realator!~ i have no idea who to contact and neither does my realator in wa it needs to be a licenced contractor to flip a house and this JERK wasnt/isnt and i cant find his phone number.. hes' unlisted.. wonder why... ill find out how to report him though..... hopefuly soon...
Answer #3
Submitted 11/09/08 10:00 AM
A.
I know that this will not bring any comfort to you, but my first home purchase was in Green Lake off of Aurora and 88th. The home inspector "missed" a bunch of stuff including the fact that the land next to mine was being drained to make way for an apartment building which subsequently reduced the water table under my home and caused the foundation to fold like a "v". Also, I had an infestation of carpenter ants that had basicaly destroyed the internal structure of the home.
Read your home inspection contract carefully - in WA, the home inspector is only responsible for issues that are visible to the human eye and they often limit their liability for other issues. This does not speak good for the profession, I know. If your inspector was a member of ASHI, then you could file a complaint with them. In my situation, the inspector said (once I was finally able to locate him) "go ahead and sue me, I don't have any money"
Some of the other issues in my home were not disclosed by the homesellers. To make matters worse, my "buyer's agent" was actually a sub-agent of the sellers, so I really had a problem.
Before you take it out on your realtor, (and shame on those blogging on this post to cast dispursions of another realtor - THAT is unethical), try to get them to discuss your issues with you. If the agent is not helpful, ask to speak to the sales manager or broker in charge. They may be able to provide some assistance. However, if the home was being flipped, then the owners may not have fully disclosed defects to the realtor. Also, if the home was sold "as is" with no warranties or representations, then you are on your own. You could try to file a complaint with the police if fraud was asserted. Also, speak with the WA board of realtors to see what other options you have.
Good luck and sorry to hear about your troubles!
Answer #4
Submitted 11/09/08 11:45 AM
A.
I'm so sorry you've had such a bad experience. I'm wondering why your agents broker hasn't been able to help. Call and ask to speak to the broker. Ask the broker for advice and help.
Answer #5
Submitted 11/09/08 06:01 PM
A.
If that agent remains licensed, you can always go to the State's Department of Real Estate web site and get information as where he works now. California has a "recovery fund" that will pay for miss deeds of an agent, maybe WA does too. In CA it the district attorney that prosecutes seller fraud. You do need legal advise, but you could go to superior court and represent your self, many people do, to recover damages. Check to see if there is a legal "self help" service in your area.
Answer #6
Submitted 11/10/08 10:49 AM
A.
Where to start - what to say? First let me reassure you that not all real estate agents should be lumped together, just as in any profession some practitioners are better than others.
The first place to start is by looking at the Form 17 - Seller's Disclosure provided by the seller to you at the time of the transaction. Washington state law requires that all sellers complete this disclosure form and provide it to the buyer within specific time frames, regardless of whether they are selling "as is" or not. The law requires sellers to disclose ALL material facts about a property, including whether the sellers obtained all the necessary permits to do any work on the property. Items that sellers should disclose include things like faulty electrical outlets and substantial mold problems. If the seller made false statements on the Form 17 you may have a case against them. The best thing to do is talk to the broker (not the real estate agent) that represented you - this is the broker that your agent works for. But, any relief will come as a result of court action, so eventually you will need a lawyer. If the seller committed fraud by knowingly submitting a false Form 17 you may be in a fairly strong position. Even if they simply negligently misrepresented the facts you may have the legal upper hand. Ask you broker to explain the implications of specific point 9 and general point Y of the Purchase & Sale agreement. (I am assuming your agent used the standard state wide forms for this transaction)
To report unlicensed contractors, use the following link:
http://www.lni.wa.gov/TradesLicensing/Contractors/ContractorFraud/default.asp
No guarantee that this is the right forum, but at least it will move you forward. Even after you report the person that flipped the house, you may not get any relief - an administrative process like this may allow for a fine of the contractor, but will not provide any option for making an award of damages to an aggrieved party (you). I believe that damages can only be awarded as a result of a court action.
As mentioned in one of the other comments if the person that flipped this house is a licensed real estate agent you can easily find them by checking the state records - go here:
http://www.dol.wa.gov/business/checkstatus.html
I fear you will only find relief in court - if you are looking for an award of damages. That means you need to contact a lawyer - unless you want to represent yourself. If the amount is $4,000 or less you can sue in small claims court without dialing in a lawyer.
Good Luck.
