the not-so-nasty gram

[cfuhrer]

I'm putting this here because I know better than to put it on the G.B. And I trust y'all to be direct and not make too many jokes.


We purchased a house in November.
We recently found that one of the systems in the house is not as up to snuff as we feel we were led to believe.

Either they lied about having the system serviced. Or - they lied about how often the system needs serviced. Or - the party that serviced the system last did not do it properly.

I'm in the process of crafting a letter asking for the previous owners records so I can determine what went wrong where and who to approach about fixing it (even if it means we're on our own)

I know my natural inclination is to be hyper-specific and overly-detailed. I know I tend to come of heavy handed in writing. I'm a legal para-professional so I'm inclined to attachment a and attachment b right off the bat. I know some might find that off-putting.

Question the first: do I include references to their seller disclosures and purchase and sale agreement in the first letter? Or wait for subsequent letter - which I am positive there will be?

Question the second: do I make it clear that I'm not asking for resolution until I get their records and can see where the exact problem is and determine exactly who needs to be approached about resolving it?

Question the final: do I approach them directly with a cc to their seller's agent or send it to the seller's agent under a cover letter asking her to forward it to the seller?

Thanks for your thoughts everyone.

 

[TheOldWidow]

Did you have a home inspection? Ask for records. If it's a system, whomever serviced it in the past will have a sticker with their name and number. Call and ask for detailed records.

Have you approached your agent for recommendations or suggestions as to the best/proper/ most likely to be resolved, manner of handling the situtation.

 

[cfuhrer]

In our state it is the seller's responsibility to have this type of system inspected and cleared for sale. And they attested, in writing, that it was serviced and serviceable and did not need additional monitoring or more upkeep than normal.

I contacted who the seller said serviced it last and was told they don't keep those kinds of records.

We will be in touch with our buyers agent to see how they want us to progress.

I'm also going to go to the county and see what records they have for its install and upkeep.

 

[_Necrosomantic_]

In my experience

Depends on the type of system you're talking about, and whether or not the previous owners can get away with pleading ignorance or passing the buck. Given the time of year, I'm assuming we're talking some type of hvac or septic system (?), which are both very expensive and need inspected prior to approval for sale. This means that, not only are the residents required to make sure it's in working condition, but the realtor must have the property appraised prior to putting it up on the market by a city/state licensed inspector ( meaning there ARE records ).

If the state requires a certain level of upkeep, that usually means ( if it isn't maintained ) they are in violation of code. Which would be stupid not to have it inspected prior to selling, or to falsify documents, as that's a serious lawsuit for one or both parties.

As for records kept by any company that has inspected or worked on it, they should at least be able to provide dates for when service was provided. This includes any repairs, cleanings, and inspections performed. If they don't, they could be cited for gross negligence as all companies are required to whether they are privately owned or not.

Finally, if the realtors or previous residents aren't being cooperative, let them know you're going to go over their heads to the city/state. That tends to light a fire under people's asses, especially if they are trying to cover up something. I hope you get it sorted out.

 

[gracie920101]

I'm not a realtor but do understand the contracts and terminology fairly well.

If they signed off and falsified info about the system on the Seller's Disclosure Form, they opened themselves up for litigation.

As for crafting a letter to the sellers, I would think it might be better coming from your agent, just for the fact that you don't want to overly alarm them into covering something up. You certainly don't want to get into a "he said, she said" situation without a third party being involved. In addition, I feel it will comes across on a more official/professional level and besides, your agent works on your behalf and just because the sale was finalized doesn't mean their responsibility is finished. Your agent may actually want the listing agent involved in order to bring a little pressure on the seller to cooperate.

However, at the end of the day, the seller has wiggle room with one little phrase included on standard disclosures: to the best of your knowledge (or a similar phrase). This phrasing was originally intended to cover brain farts but has come to allow a lot of shit to slide.

Hope all our input helps. Been there, done that, with termites and resulting damage and the alleged treatment on my current home within the first year of ownership.

Good luck!

 

[HisArpy]

Each State is so unique in it's requirements that your best bet is to talk to your RE agent AND your home inspector first. There are 3 potential parties heres besides yourselves. The seller. The agent/broker. The home inspector.

If any of them screwed up, you may have some type of recourse. The question will always be whether they screwed up or not. And it's your obligation to prove they did. This is not easy.

Onthe other hand, there are home warranty policies out there for major systems repairs/maintenance. If you don't have one AND you haven't had anything done to the house/system at issue, GET THE WARRANTY POLICY before you go further. The seller stated the system is in good repair. If so, then getting the warranty at this point shouldn't be a problem. Should there BE a problem, then the warranty will cover repairs.

I have one because my Dualpack A/C unit is on the roof and it'll cost around $5K-$10K to replace it if it fails. The home warranty will cover that.