Is this legal?

**eliteconcept** · 12-06-2010, 04:17 PM

We are in the process of buying a house. I'll give you the short story of some problems we are having and feel they are an issue that the real estate company we are using is playing fast and loose with us.

question 1
Our inspection yeilded a non working 50 gallon water heater. We asked sellers to replace it with a new one of the same size. Sellers said they would try to fix and if it could not be fixed it would be replaced with same size water heater. We went to look at the house again the other day to get a couple measurements and saw the water heater was replaced but with a 40 gallon water heater. In talking with my wife while we were at the home with our agent, my wife and I discussed with each other, not directly to agent. We talked about how we might be able to look past the water heater but with some other things like adding a door at the bottom of the basement stairs, or replacing fence panels, or this or that. We asked for nothing specfic nor did we say we were 100% ok with the 40 gallon water heater. Only talking about how we might be able to look past it. Today I get an email saying that the door was placed at the bottom of the stairs. Ummm what? We never formally asked speciffically for this to replace the water heater... It seems that our agent and the sellers agent made that decision for us. This seems not only wrong but illegal for agents to make the decision for us.

question 2
Water pressure was bad at the house at time of inspection. We asked for licenced well contractor to look at the problem and provide proof of repair.

Again while we were at the home we noticed the water pressure worked. Our agent said "yeah the seller said he fixed it." Ok thats nice. But we still wanted a licenced contractor to look at it and made it clear that we still expected that. Today we get an email that was sent by a local well contractor...to the seller...that was then forwarded to the sellers agent...which was forwarded to our agent...which was then forwarded to us. A forwarded forwarded forwarded email of a short statement saying the pressure at the home is operating normally. This is not proof of anything this is just an email. We asked our agent for a physical receipt and she acted like we were wanting the world.. We are being smart and reasonable aren't we?

If these are the things we can see what things aren't we seeing that are being decided.
Your thoughts?

**mnhouses** · 12-07-2010, 03:23 PM

These are all great questions to ask, and in all honesty, questions that your realtor should be assisting you with to find resolution. Firstly, I want to state that I'm a real estate agent, not a real estate attorney. So please do not take my response as letter of the law.

After you had your inspection, did you "in writing" request these items to be addressed by the seller? Or was this all verbal? All specific issues resulting from inspection should be formalized "in writing" on a seperate amendment by the buyer, where the buyer is offering a recommendation on how they want the issue repaired/resolved. These recommended resolutions then need to be accepted or negotiated...and eventually signed off by both the sellers and the buyers. This way, if there is any misunderstandings like the 40 gal water heater instead of a 50 gal water heater, you can then point back to what was agreed on the Inspection Amendment. Same thing with the well contractor receipt.

If these things were not formalized "in writing", it then opens the door for interpretation. Situations like this can quickly esclate emotionally, and if you feel like you are in a bind, ask to have your realtor's broker step-in to help. Good luck!

**eliteconcept** · 12-07-2010, 04:52 PM

all repairs that seller was to do were put in a formal contract. No verbal requests for repairs.

Only thing that was done without writing was subsituting a door at bottom of stairs for the water heater oversight.

We are getting a receipt for the well contractor they are "hunting it down", seems that if they actually were there then it wouldn't be a big problem...at least thats what i'd think.

THanks for your input

**Greg** · 12-09-2010, 06:13 AM

Hire your own well contractor to check out the well.

It is possible that the water pressure is acceptable but only temporarily. You need to find out if the water pressure can be sustained over a period of time similar to household use. If the well only puts out a limited amount of water then the pressure will be ok for a while and then drop off and be unusable. Wells can dry up if the water table drops.

In these type of situations always hire your own inspectors/contractors.

**Jonathan Radford** · 12-16-2010, 06:28 AM

If the agreements on repairs were in formal contract and the repairs do not coincide with the written agreement, then you have every right to be concerned. Contracts are saved in writing so that when a party doesn't uphold their end of an agreement, the party cannot escape with "we didn't agree to that." If you are disappointed with the work and it is not in order with what was written in the contract, you definitely have grounds to seek some sort of compensation.

**thomasrobert** · 12-22-2010, 02:18 AM

Nice site for Real Estate.
Thomas

**realestategirl** · 01-05-2011, 09:43 PM

It seems like your agent is jumping the gun and is so eager to get you to close the deal that he is already deciding on what and where are the repairs of that house should be done. Talk to your agent again and specifically remind him or her that any decision on repairs should first be addressed to you or only after an inspector has checked the place(if you have not yet hired an inspector) can you make an agreement about the repairs, or otherwise you will back out from the deal.