     Steve J Jones (Steve1040) | Tuesday, June 20, 2000 - 10:54 am 
Hi, I closed on my house on April 28th, 2000.
The house is 2 years old, I was told by the agent that the house had a 10 year warrenty (RWC) it was Transferable. At closing I never got anything in writting so I kept pressuring the agent. He gave me the number to the co. They said the warr. Was void because the info was never sent in on the original owner. Lately I noticed that my backyard is not draining after a rain, So I wanted to know if I had any option or help. It appears that I'm left to fix this myself.
Question: I have a FHA loan ON form HUD-92564-VC(8/99) Item VC-3 Grading and Drainage
Both A & B says NO
A Grading does not provide positive drainage from structure
B. Standing water proximate to structure
The appraiser completed this form.
Do I have any recourse
I'm in Missouri.
Steve1040 |
| Don (Don) | Thursday, June 22, 2000 - 05:19 am
One thing to consider: is there a drainage easement? When I closed on my house(Oct), and found that the rain was pooling in the bottom and would stay for days. My wife started the phone calls to the township highway department which owns the easement. After forcing past their excuses she got them agree to correct it this summer. We just have to be ready to take down part of our fence and piss off our neighbor when they drive the truck over the easement on their back yard. |
| Christine Baker (Admin) | Thursday, June 22, 2000 - 10:12 am
Steve might have recourse against the real estate agent and brokerage IF Steve has proof of the statements and assurances made.
An appraisal always comes with a zillion disclaimers, and appraisers are NOT liable.
That's why I recommend about 500 times on this site:
1) ALWAYS get EVERYTHING in writing
2) ALWAYS get EVERYTHING in writing
3) ALWAYS get EVERYTHING in writing
and obviously don't wait till CLOSING!
What are you going to do at that point, not close? They'll sue for breach of contract. All material terms need to be agreed upon long BEFORE closing.
4) a home inspection, even with BRAND NEW homes (the warranties have more EXclusions than inclusions.)
5) sellers' and agents' disclosures are nice to have, although probably not required by law in your State.
In my opinion, the real estate company is 100% *obligated* not only to pay for the drainage problem but all future problems that WOULD have been covered by the warranty. And the agent's license should be revoked.
It all comes down to proving what was promised.
What do you have in writing and/or do you have independent witnesses?
At this point I'd send a STRONG letter to the real estate company demanding payment for this and future problems or arranging for the warranty.
If that doesn't get results, contact a lawyer and file a complaint with the DRE if you have any proof whatsoever. |
