Marketing Ideas for a newly licensed Insurance Agent?

We were sold a Money Pit.

  • We got absolutely screwed by the guy who sold us our house. Can you suggest some recourse? We bought a house during the first week of August. It's a turn-of-the-century home (1911) and it's pretty. It's got some great features, like wavy windows, some enormous rooms, grand ceilings, and other old house features. The renovator put in a bunch of new stuff, mostly fixtures and lighting, but it looks nice. As awesome as this sounds, we got screwed by the seller, and now it's time to get some recourse. We've been lied to, sold something that wasn't even nearly true, and we've run the gamut of things we can think to do. Let me fill you in on the story: We bought this house from a guy who has a business of flipping houses and charging stupid ridiculous amounts for them. Cosmetically, his guys do pretty work - he apparently doesn't do any of it himself, and he hires crews of people who may or may not be licensed, though we were told they were. We didn't pay an exorbitant amount of money - but it was at the top of our range - and we paid this amount of money to buy a home that we thought was finished. The contract we signed was a "as is" contract, as I assume all houses are, and we are finding that not only did his guys do substandard work, but they royally screwed some things up as well. Some of the work that this guy's company did was pretty dangerous, pretty careless, and we didn't find out about it until after we'd been in the house for a few weeks. You might ask yourself: "didn't your home inspector see this when he/she was inspecting?!" Well, much to our dismay, yes, the inspector did see it, and no, the inspector didn't tell us. I even asked the inspector, when I was having the house inspected (which the seller was present for, no less, along with myself and our real-estate agent), if he would feel comfortable me living in this house. He said, plainly, and to my face, "yes, I feel comfortable you buying this house." My wife called this inspector (who works for a small home inspection company) and asked him what the score was, as his report was inaccurate. He then proceeded to tell my wife that A) he thought the guy seemed shady just by meeting him, B) we shouldn't have bought this house, and C) he couldn't cause the seller to have to do a bunch of renovations due to a bad inspection, nor could he make the agent lose a sale. This all sounds pretty shady, especially since she was OUR agent, and we were gonna buy through her regardless. We basically paid this guy $300 for half a page of inspection report and some lies. We sold a home in Texas, and the inspection report was around 14 pages. This one was barely half a page. This all came down when the remnants of a hurricane brought rain and wind through Oklahoma and drenched the state with over 6" of rain. Our roof essentially let several gallons of water – the entire width of our house at the addition – ruin the ceiling, walls, and other surfaces in our house. It was bad. We had a remediation expert come and give us an estimate, and it alone was over $5500 to remediate all of the wet plaster, ceiling, wall, and drywall surfaces that are damaged. This was two weeks ago – it's still raining from time to time, and the thing still leaks. We cannot unpack our stuff (we're essentially living out of the kitchen and upstairs bedroom with the majority of our stuff still filling two massive rooms on the first floor) and we can't use our furniture because when it rains, it leaks. The floor was damaged, and we've been dealing with this for a month. The really crappy thing was that none of this damage was disclosed to us at ALL. When we looked at the house for the first time, there was a damaged part of the ceiling in the first floor addition, which, as a part of our contract was supposed to be fixed and solved as a condition of us buying the house. This obviously didn't happen. There's other cheap and dangerously-done stuff as well – for a small example, the lugs that tie our power to the city power are electrical taped instead of booted. If one of us were to grab onto one of those lugs, we'd die. This poor work and cosmetic fix stuff is present in all areas of the house. The real bitch of this situation was that we were sold a "new" roof. The roof that this guy and his laborers put on was composition shingles over old wood shake. On one shallow part of the house, the addition, this guy put shingles on a roof with a pitch under 2 and 12 – we've since learned that no manufacturer recommends putting shingles on a surface that shallow, and the roofers have said things like "I can't believe this guy put shingles on here – only a matter of time before they either blow off or leak like a sieve." It is terrible, we were told that it was "New" and had no known problems, and roofers have estimated a new roof on all of the house between $6500 and ten grand. We did call our home insurance agent, and we were told by the adjustor that the event that happened was a "wind event" and that the rain leakage was not directly related to wind damage. We'd only be able to get maybe a thousand bucks worth of damage fixed, which is essentially our deductible. So, we exhausted that route. We also called and met with one lawyer who told us that yes, we had a decent case, but it might take two years and $20 to 30 grand (of which we'd get most, but not all back) to get any progress. This is if he rushed. What we want is to get this fixed. We want to get a new roof, get some of the other dangerous and damaging stuff fixed, and be done with this. How would you go about this? We have a few ideas in mind – writing the seller a letter and giving him a week to respond, then calling the DA in our city and letting him know that someone is doing work as a company and selling it like a consumer and doing a really poor and dangerous job of such. We're also considering calling the city's permit offices and giving them a list of all of the properties this guy's company is selling (he pulled no permits on our major renovation, and he pulls no permits on any of his work). We're considering calling the local consumer advocate department of the local TV station and letting them know of this as well as protection to other buyers from this guy. My wife and I differ on some of the other post-non-communication-from-the-seller tactics, like calling INS and the city on him for hiring illegal labor (which I cannot prove, but the laborers we met do not speak English). Can you suggest a course of action? Our ideal at this point would be to get out of this house completely, but we're pretty sure that we're not gonna get that. So we'll settle for getting the stuff that this guy's company did really poorly in the flip of this house. Please post here, or we can take email at

  • Answer:

    Just because the laborers you met do not speak English does not mean they are undocumented. There are plenty of people working in the US on work visas and green cards whose English isn't great. Not speaking English is not against the law. It seems of all of the people involved in the situation, they are the least to blame and your attempt at taking revenge on them will do nothing to prevent future buyers from having these problems with the seller, the agent, or the inspector.

anonymous at Ask.Metafilter.Com Visit the source

Was this solution helpful to you?

Other answers

I know nothing of real estate, but it seems strange that you accepted the inspector's half-page report when you knew your previous one to be 14 pages -- weren't you alerted by that, and how come you let the sale go through? Not to speak for 'em, but I find many people (including myself on occasion) take people at their word when dealing with unfamiliar situations, if the alternative is to push back on something where potentially you might be completely wrong (and so feel like a jackass.) It's unfortunate, because lots of people specialize in screwing people like this. I personally am finding (moreso each year) that it's better to do a lot of research in advance, question everything, and not worry about people thinking you're a jackass. Most recently (as in last week and a half) it got me almost one thousand dollars' worth of new kitchen cabinets (in the correct size, this time) and the pulling/reinstalling of an entire walls' worth, because I pushed back hard on the contractor (who mismeasured.) Several years ago, I would have likely sucked it up as my fault (as they tried to claim) but I've learned my lessons well.

davejay

"as is" is not a defense for the seller in california if he didn't disclose it on the disclosure statement. caveat emptor does not apply in this context. i can't speak to other states, call a real estate lawyer monday morning.

bruce

If you need a second inspector to measure against the word of the first inspector, discuss this from someone withhttp://www.tomacor.com/ if you can. They have made a name for themselves as very tough, very thorough, and very detailed. Real estate agents are said to dislike them because they can delay deals. We used them for our inspection and received a detailed three-ring binder after the inspection. (I do not represent Tomacor, only a satisfied customer here.) They have headquarters in Illinois, but train inspectors from all over.

jeanmari

As the attorney you spoke to said, you may have a very good case against a number of people. You can't anything about this situation without a good attorney--or at least a competent one who does this sort of work all the time. This is at the periphery of my firm's practice & I don't know anything about your jurisdiction, but yes, these are the sorts of things you can recover for in litigation. We have several specific consumer fraud laws in Illinois that cover these situations and plaintiffs are very often successful. But, yes, litigation is expensive and lengthy and even when you win, it costs you more money than you expected. The stress is amazing and the process frustrating, confusing and occasionally seems extremely unfair. It takes a long time and in the interim, you often have to make your own repairs and document every thing. My guess is that litigation is your only option. Shaming the flipper through the media isn't going to work. Having his laborers deported won't fix your roof. If the State prosecutes him, you won't get anything practical out of it. The inspector didn't care before he cleared the house; he's not going to change his mind now because you caught him lying. I would be surprised if the seller voluntary worked out a rescission of the sale with you. I am sorry to hear this has happened to you. Were I in the same situation with my new house, I would calculate the costs of selling and moving on; the costs of riding out several years of litigation in hopes of compensation; the costs of just making the repairs myself and then see which situation my marriage and life could best survive. That's the decision I would make.

crush-onastick

Meanwhile, you may end up investing more time and money seeking justice from one or more individuals, companies, and / or government bodies than in just fixing your house. Ugly, but there it is. Perhaps ask the oft-suggested lawyer for odds on this possible outcome first.

scheptech

I know nothing of real estate, but it seems strange that you accepted the inspector's half-page report when you knew your previous one to be 14 pages -- weren't you alerted by that, and how come you let the sale go through?

loiseau

You need an attorney to sort out these matters. Take a picture of everything and bring it to the attorney.

Ironmouth

One hint of good news: http://www.home-inspect.com/legislation.asp#OK Oklahoma home inspectors are requiered to have $50K+ of General Liability Insurance coverage. I like the 'call him up and record the conversation tactic', "My roof leaked! Why did you recommend I buy that house?" and it would apparently be legal: http://www.callcorder.com/phone-recording-law-america.htm but I wouldn't do anything without the advice of a real estate lawyer. I would suggest you shop very carefully for a good one. If you don't know any, go with a recommendation by a trusted lawyer who works in another field.

sebastienbailard

Sounds like the home inspector was at fault, and you'd have an easier time showing that. The seller can say that he didn't know what the condition of the house was. If he didn't know, then he couldn't have disclosed, so therefore, it's up to you to prove that he knowingly failed to disclose. That will be difficult. All he'd have to say was that it was the contractor he hired who did a faulty job, and had no idea that things weren't done as well as he thought they were. It also sounds like the seller never lived in the house. In that situation, the seller can also claim that he just simply didn't know the condition, and therefore couldn't have disclosed. And since he sold the house as is, that provides the seller with quite a bit of protection. On the other hand, you do have a reasonable expectation that the home inspector have knowledge of the condition of the house, because he is licensed to inspect the house.

jujube

Related Q & A:

Just Added Q & A:

Find solution

For every problem there is a solution! Proved by Solucija.

  • Got an issue and looking for advice?

  • Ask Solucija to search every corner of the Web for help.

  • Get workable solutions and helpful tips in a moment.

Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.