Recourse for undisclosed issues in home purchase?

[JJMoody]

Didn’t read through all the posts, but felt obliged to comment. In boundary county, you will only have state inspections (electrical,plumbing, hvac) on a new build home. It’s kinda the Wild West up there. Your home inspector is not licensed in Idaho, and it’s up to you to do research on that guy too! Even as such, in states that require licensing as well as INTERNACHI/ASHI certified inspectors, they can’t see behind walls or through other materials as part of the limitations of the home inspector. Real estate attorneys will almost always tell you that you are in the drivers seat to litigate... good luck with them... proving previous knowledge to someone else.... hopefully you see where I’m going with this. Whether he screwed you or not is likely irrelevant. I’d say get the problem fixed and move on with more important things.

 

[Silveroddo]

The cutesy comment from the realtor...........Is why I hate realtors. Most of them are shady dumb f%$#ks that are in line with car salesmen, insurance sales men, and bankers. (I know that paints a broad swath, and someone will probably be offended, but if the shoe fits........) If "ask the neighbor about the water" was their disclosure, I'd go after the realtors involved just on principle for being idiots. Home inspectors are generally on the same level as realtors, nobody wants to rock the boat and screw up a closing, and if you look at your home inspections I'm sure there is language in it that he isn't liable for anything.
*Hot tip* If you are in a region that your home relies on a septic system, NEVER use the realtors preferred septic inspector. Around here they use the cheapest guy that will pencil whip the inspection and not fail a system. If you do end up in a situation where you buy a house and the sewer passes inspection but fails after the 2nd week of use, the inspector is usually bonded and you can go after his bond.

 

[Beendare]

The cutesy comment from the realtor...........Is why I hate realtors. Most of them are shady dumb f%$#ks that are in line with car salesmen.

Nailed it though I’m sure the car salesmen would be offended


..

 

[JJMoody]

Likely true on the language set forth in the preinspection agreement. Even the most stringent state standards leave plenty of outs for the inspector. Codes and minimum standards are just that... minimal. Anecdotally refered to as the crappiest that the law will allow. Preface that with the fact that Idaho licenses neither home inspectors nor contractors well, recourse is ...limited... on top of all that, the overwhelming majority of buyers don’t bother to read the entire inspection report. Folks, if you can, get as much info on how things work on a local area before buying a home. Show up to the inspection if you can. A good inspector will actually want you there and can point out things they see and tips on how to make corrections and give background on why. Ground conditions, water situations etc.. can be researched fairly quickly if you know where and how to look.

 

[Beendare]

Your broker is a fiduciary that carries financial responsibility in this situation it it seems there are agents here that don’t know that.



here is a link to The national Association of realtors website explaining it
NAR link

It doesn’t cost you a dime to file a complaint against your agent and the broker with the state real estate commission. These half ass agents and brokers have a responsibility in these situations to do the due diligence .....they can’t just Play dumb,pawn it off on everybody else saying I didn’t know.

Your real estate company should be the one hiring an attorney to go after the other real estate company representing the seller
...

 

[fwafwow]

I too am hooked on this thread. Apart from the practical advice of "fix and move on", a good bit of the advice is inconsistent, which means that a good portion is wrong. I am interested to see which advice you take.

 

[Ben Nicholson]

It's pretty clear who on this thread knows what they are talking about, and who just thinks they know what they are talking about...

 

[Reburn]

So the neighbor/water thingy....

This is more of a moral issue. Seems there must be buried poly pipe from one of my Frost Free hydrant lines. This goes.......off my 10 acres, through the woods, and onto the next parcel. Where she has an above ground 250 gallon tank. After owning the home since July....she texts me "You are aware I get water from you, yes? It shouldn't be a big deal.....you just may lose water pressure if you're in the shower"

So I have a shut off 7' down in my greenhouse. She has a shut off valve down through the tules on her end at her tank.

I wasn't really aware of that. The listing agent mentioned some cutsie/cheeky comment in the listing about "Make sure to check with your neighbor on water.....and she makes the BEST cookies"

Was kinda WTF at the moment. My well is far below my home(opposite corner of property). On the well is a handpump. I liked the concept from a Prepper type standpoint. My home is very remote. Wood heat. Greenhouse. Can grow my own stuff. Heat and water with no power is a bonus.

So I assumed she used the handpump on occasion or something similar.


Oh no.....

The freezing pex deal. Small potatoes. Let it go.

The neighbor water thingy. Huge deal. Not disclosed. Know who your fighting. Do a search on the agents. Is one of them the mayors wife, your bosses daughter or son in law. I would search all the parties involved before you pick that bone. Ask the neighbor do you have anything in writing about the water situation. I would encourage you to be kind to your neighbor. The other parties involved. I would personally figure out who Im fighting and if its not a stupid uphill battle I would start a fight over it. Just remember its likely not your neighbors fault that it wasnt disclosed.

 

[Okhotnik]

Fix it and move on.

yep.

I have bought and sold 7 houses over the years in different states. . I seen and experienced a lot of shady and even illegal stuff pulled by realtors. Ive filed complaints with the state oversight boards in three states and nothing was ever done. They're a joke. Same with home inspectors, some lawyers and doctors. All the oversight boards are a joke and protect them. Its a fixed game and really, really need to do your due diligence before you buy. The realtors won't reveal any issues that will hinder their sales. And if you file a legit complaint nothing happens.

Your problem sounds relatively minor and easy to fix an attorney would be a waste of money if you could even find one to take your case. .For t posters advising an attorney love to here your personal experiences.

good luck.

 

[Antarctica]

The freezing pex deal. Small potatoes. Let it go.

The neighbor water thingy. Huge deal. Not disclosed. Know who your fighting. Do a search on the agents. Is one of them the mayors wife, your bosses daughter or son in law. I would search all the parties involved before you pick that bone. Ask the neighbor do you have anything in writing about the water situation. I would encourage you to be kind to your neighbor. The other parties involved. I would personally figure out who Im fighting and if its not a stupid uphill battle I would start a fight over it. Just remember its likely not your neighbors fault that it wasnt disclosed.

This. Get over the freezing issue, but you need to deal with the water use issue. You now know about it and will need to disclose it in a future sale and I wouldn't touch a house with that kind weird deal. Leave the neighbor out of it, but maybe explain why you can't have that kind of a situation. She will have enough to deal with getting a well, etc. Talk to a real estate lawyer. At the very least, you need something in place with your neighbor that removes all liability for the water you are providing her. I'd get something drafted and ask her to sign it, and if she won't, then the water gets shut off.

But talk to a lawyer first because doing the above may imply an agreement to provide water in the future.

And while I am hugely against our litigious society, I'd be coming after that agent and the PO big time.

That's a bullshit deal they pulled.

 

[Reburn]

This. Get over the freezing issue, but you need to deal with the water use issue. You now know about it and will need to disclose it in a future sale and I wouldn't touch a house with that kind weird deal. Leave the neighbor out of it, but maybe explain why you can't have that kind of a situation. She will have enough to deal with getting a well, etc. Talk to a real estate lawyer. At the very least, you need something in place with your neighbor that removes all liability for the water you are providing her. I'd get something drafted and ask her to sign it, and if she won't, then the water gets shut off.

But talk to a lawyer first because doing the above may imply an agreement to provide water in the future.

And while I am hugely against our litigious society, I'd be coming after that agent and the PO big time.

That's a bullshit deal they pulled.

Agreed but first before he goes down the hole he should just ask the neighbor if she has anything in writing. If she does he has the agent and seller dead to rights for non disclosure. If she doesnt he can basically turn off the water whenever he likes, although its a dick move. Even if the neighbor doesnt have anything in writing the fact the agent tried to be cutesy and vauge is indicative that they knew about it and were trying to not disclose it.

 

[cnelk]

Pretty easy to find out about the well/water 'thingy'. Find out if it was permitted when drilled. If not, get it adjudicated to define the water rights

 

[Jesse Jaymes]

For those reading....Neighbor lady is very nice. I am not going to close the valve. I don't like it at all. Mostly from a maintenance standpoint. I had a Frost Free break a few years ago. Me and a shovel and a hole large enough for gain access and do work......7 feet deep. It's pretty flippin' irritating trying to run a 5 foot shovel in a 24" wide hole. I loathe subterranean headaches.

It's a jinky ass, home made welded T handle down a PVC pipe. She advised me "Whatever you do...don't pull it off the fitting. It's a bugger to get back on" This is the kind of shit that robs me of sleep. Projects that do not seem Winnable frustrate me quickly. Wood, Screws and shit thats accessible just needs some sweat and time.....all over it. Up, behind, around, buried, hidden and stripped....I'll Pass. This seems like that.

 

[Jesse Jaymes]

Her home is micro. Maybe 500sq ft. Tyvek sided. Some propane bottles lying around. Get's her water gravity fed from me. Must have septic? Told me she "plan on getting a well in the next year or two".

Again....what do you do with this Morally? Not legally. Single divorced lady with one teen daughter and a Bible on the mini kitchen table?

 

[Billy Goat]

How long has she been supplied water from your property?

 

[GHOSTofWENDELL]

Her home is micro. Maybe 500sq ft. Tyvek sided. Some propane bottles lying around. Get's her water gravity fed from me. Must have septic? Told me she "plan on getting a well in the next year or two".

Again....what do you do with this Morally? Not legally. Single divorced lady with one teen daughter and a Bible on the mini kitchen table?

It's good to see others thinking of their fellow man. Maybe contact a lawyer to get something written up stating upon her death/moving or you selling the property that the water source will be shut off?

Seems sticky though. Sucks you have to deal with this. I'd be talking to a real estate attorney about that situation.

 

[Reburn]

Her home is micro. Maybe 500sq ft. Tyvek sided. Some propane bottles lying around. Get's her water gravity fed from me. Must have septic? Told me she "plan on getting a well in the next year or two".

Again....what do you do with this Morally? Not legally. Single divorced lady with one teen daughter and a Bible on the mini kitchen table?

Morally. You continue to supply her water until she can get her own well. I dont see an upside to turning her off. You will make an enemy and realistically the water she is using costs you nothing and doesnt hurt you at all. Being kind will likely earn you a friend. I would get something in writing saying that the water is supplied at your discresion though to CYA for later.

 

[Tod osier]

From what you have said, it sounds like you have aspects of personality as I do. I'm not going to lie in the future and not disclose an issue and don't want to feel taken advantage of, but also don't want to be a jerk.

When we bought our current property we had long term neighbors on both sides that both encroached on our property. We had a surveyor do a stake job to identify the issues. On one side was a barn crossing the line that was supposed to be removed during the subdivision and the other had a sitting area and plantings over the line. We took care of the barn issue with a property transfer after . The other side the neighbors moved their stuff, but would still mow over the line (they have since moved). Both cases caused lingering stress for different reasons.

My advice is to take care of it. No matter how compassionate you are, there is a good likelihood that you will come across as not very nice. We tried to be very polite and accommodating (paid the lion's share of the expenses and took our time) in those interactions and were treated not completely politely back, it is clear that they both thought we were in the wrong. You need to do what you need to do. I was not going to sell the property with the issues it had when we bought.

 

[Jesse Jaymes]

Duration? Maybe 6+ years. My home is a 2009 build. Think it's changed hands at least 4X