Simple, Stupid and Easy

By
Real Estate Agent with Big Block Realty 858.232.8722 CA BRE# 01261476

I reached out to Brian L. Sirota, Esq. yesterday with a situation and a potential referral. By the way, the title of this post has nothing to do with Brian, it refers to the moral to the story - Brian was awesome and I wanted Active Rain to know it.
I shared the following with Brian; he and the results inspired this post:

 

Back Story:    

Actual Kitchen

I have first-time-buyers that recently purchased a home, allowed a seller rent back as part of the deal, and took possession July 4, 2022. They didn't start "using" the house right away due to renovations. Now that they have moved in, they claim the dishwasher and disposal do not work and want compensation from the seller.
The disposal is making noise and the dishwasher won't power up.
I ran them through the obvious: reach out to the sellers and politely question them (full denial). Ask them a series of DIY questions and offer solutions by email, no repairs accomplished.

The problem is the seller moved out 5 weeks ago and were given back their security deposit by the buyers - at that point by default the sellers confirmed "the house was fine."
It feels like they waited too long to make this an issue, but this exceeds my license for any further advise.

Brian was kind enough to respond and confirm my exact advice and suspicions that I shared with my clients.

He suggested my clients file a small claims case, provided they continue to believe they have a case.   However, he did not encourage it based on the facts I provided. I agreed and already shared with my buyers - "you've waited too long and quite frankly have provided too much leverage for the sellers case."

The time lapse before discovering the appliances were not working, and the return of the security deposit from the short-term lease, make for a difficult case.  Combine this with the home inspection that did not flag any issues, and the case becomes even more challenging.

Solution and Moral To The Story:

Brian's advice was precisely the suspicions I had shared with my clients, but I didn't want to leave them in the lurch, so I popped by their home  yesterday and said I'd take a look. I'm not a repairman but 34 years of "landlording" has taught me a thing or two in the DIY Dept.

Simply put, I removed a piece of plastic wedged in the disposal making the noise thus  "fixing the disposal" and when I looked under the sink and re-plugged in the dishwasher, suddenly "it was fixed". (The cord was in the outlet but barely). LOL
 


My grandfather taught me decades ago; "start with the simple solutions because 90% of the time it's a stupid problem with an easy fix" and then work your way out to the more complicated ones"-or call the professional. I left a hero and no further talk of legal action needed.
 
The two men I speak most of in love, respect and influence.
My (step) Father Serge and Grandfather "Pa Pa" circa 1979 Maui Hawaii
I miss them both, but their love & lessons live on in me.
 
Brian, thank you for all the advice you share on Active Rain by the way, I always read your contributions and appreciate the guidance...I learn from you. 🙏🏻
 
 
 
 
 
 
tools: Photo by Kim Stiver: https://www.pexels.com
lawyers: Photo by Karolina Grabowska: https://www.pexels.com
less: Photo by Harper Sunday: https://www.pexels.com
key: Image by Arek Socha from Pixabay 
Posted by


Thomas J. Nelson
REALTOR®, CRS, RCS-D, CDPE, e-Pro, Certified Military Home Specialist, Luxury Home Specialist, Author, Keynote Speaker and  Podcast Host 

Serving Coastal San Diego from Carlsbad to Coronado, Downtown, Balboa Park Area,
La Jolla/UCSD & Mission Bay Park Areas
I Offer Rebates to Veterans
& Active Duty

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Disclaimer:  Nothing in this blog article is to be construed as legal advice, tax advice, medical advice or financial advice.  For legal advice see an attorney.   For tax advice, health or financial advice see a tax attorney, certified public accountant, or other qualified professional.

Comments (30)

Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Thanks Kathy Streib and for teaching me about Occam's razor. 
I had to look it up 😄.

Aug 11, 2022 05:42 AM
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Hi Thomas,
There are a few lessons here, aren't there? 

Aug 11, 2022 08:49 AM
Anna Banana Kruchten CRS, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

Nice shout out to Brian L. Sirota, Esq.  Thomas.   And I thought the same thing, buyers waited too long etc.  Good on you for going over and solving the issue!  I would have sent our handyman over and put the issue to rest for the buyers. My very first broker taught us to 'always' take care of these issues if possible for your clients.  KISS. And they will return year after years.....Truth.

Aug 11, 2022 09:53 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets

Yep, I learned from being an investment property owner, tenants always exaggerate the issue. 90% are simple fixes. It was in the scope of work I can handle - so in the interest of time (my handyman is booked 2 weeks out) I went myself.

Aug 11, 2022 05:42 PM
Anna Banana Kruchten CRS, Phoenix Broker

You handle things well Thomas!

Aug 11, 2022 08:03 PM
Anna Banana Kruchten CRS, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

Featured in BananaTude!

 

Aug 11, 2022 09:55 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Anna Banana Kruchten CRS, Phoenix Broker wow! it's been a while since I made the honor of featured, I'm so excited - BananaTude is THE place to be featured!!! 😀

Aug 11, 2022 05:40 PM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

 

Yes indeed Carol Williams 💯%

Aug 11, 2022 05:43 PM
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

And the Moral of the Story is ...

What a great story Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets ... so glad you hung in there and worked your way through it. Now you are the hero of the story! Way to go!  Awesome advice Brian L. Sirota, Esq.  -- 😀

Aug 11, 2022 06:54 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

I recall the time I came home to a cold house and thought our pellet stove was plugged, so removed all the pellets and twisted the auger. No plug. Only THEN did I think to look and see that it was no longer plugged in.

It's a good idea to look before jumping to conclusions!

Aug 11, 2022 09:50 PM
Anne Corbin
Long and Foster - Lake Anna - Spotsylvania, VA
Serving Lake Anna & Central Virginia

That's an awesome story and a perfect happy ending for all involved. You handled it perfectly.

Aug 12, 2022 07:23 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Anne Corbin I appreciate that, thanks for popping by my post!

Aug 12, 2022 07:35 AM
Mary Hutchison, SRES, ABR
Better Homes and Gardens Real Estate-Kansas City Homes - Kansas City, MO
Experienced Agent in Kansas City Metro area

That's a nice story to read on a friday!  I bet the buyers felt silly...

Aug 12, 2022 09:36 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Aug 13, 2022 06:47 PM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Thomas. Kudo's for the shout out on the expertise of Brian L. Sirota, Esq. and saving your customers time and money. Then your personal visit sealed the deal on service after closing! Kudos's to you. Enjoy your day.

Aug 14, 2022 05:21 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

I'm truly honored about the feature Kathy Streib - it's fun making your list! 😇

Aug 14, 2022 06:46 AM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Hi Thomas - yes, sometimes simple solutions.  When clients call sometimes talking them through simple things help.

Aug 14, 2022 06:56 AM
Ed Silva
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

A simple action brought a lot of relief and took away the angst against the sellers. Very well done

Aug 14, 2022 05:33 PM
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

I agree with your kudos to Brian L. Sirota, Esq. - I love reading his input.

And I love reading your posts as well. You are so right that we need to start with the simple stuff first. I'm sure both you and your client were thrilled there were easy solutions and lack of need for a lawsuit.

Aug 15, 2022 04:38 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate Brokered by Real - St. George, UT
St. George Utah Area Residential Sales Agent

Reaching out to Brian for advice was a fantastic idea that helped you moved forward to help your clients, Thomas. Glad it all worked out!

p.s. A home warranty would have covered those items.

Aug 16, 2022 05:28 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Wanda Kubat-Nerdin - Wanda Can! yes indeed - Brian is great. HW would have cost $75.00 and I was FREE :)


Home Warranty: always discussed and a buyer's option, but from personal experience, I no longer push or endorse them. Too many customer service nightmares on my own home - where you'd think my AHS rep of 15 years would have scrambled to correct and she left me hanging...after hundreds of referrals to her. 🙄

Aug 16, 2022 06:03 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Great story and accolades to Brian.  Glad that you have a good outcome to this!  

Aug 19, 2022 09:13 AM