Raleigh, Durham, Chapel Hill, CaryThe Triangle Area
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There was a seller's disclosure statement, and they signed saying everything was fine. Afterward, we found out they knew previously that the water was bad because they'd had it tested, etc.
I really wonder how other future buyers would be protected from spending for more tests and inspections? It looks like we're out that money, and may not be the first? How can a property be listed as FHA/VA loan eligible without meeting the requirements?
While the Seller may not lie, the Seller is not legally bound to disclose much of anything.
The NC Residential Property Disclosure Statement includes the opportunity to make "No Representation."
That option exists, and if the Seller is aware of problems, then the problems must be disclosed, or "No Representation" selected.
"No Representation" is legitimate, but also may be a signal that the Seller is covering something up.
The Buyer's Agent apparently has some contract form 'splaining to do, since the OP's post shows little recognition of the parameters of a typical transaction wherein the Buyer is using a Realtor.
Maybe the seller will try to cover the issues up but if the seller's agent tries to do that same thing...Realtor Jail is in her/his future!
We thought... This has turned out to be a nightmare and a waste of time. Is there also a way that what transpired can be recorded, so that any future buyers are aware of the problems beforehand?
Let me first say that I am NOT a Real Estate professional. My personal opinion is that you have no recourse in the matter. The seller has a right (unless you have a very different contract from what I've seen) to refuse to make repairs. You have the right to walk away and get your earnest money back or purchase the property as-is. I think you'd have to show real negligence on the behalf of the seller in order to recover your costs other than earnest money, and from what you describe the seller is well within his/her rights.
Without seeing the contract you have with your buyer's agent it is hard for someone else to say what you are responsible for. I will say that typically you would not be responsible for any fees as you are acting in good faith, the seller is just not budging on the repairs. You'll find another house, probably one you'll be much happier with, and your agent will be paid due commission from that sell.
See my comment above about disclosure for future buyers. Hopefully the seller will do the right thing and fix or disclose the issue. Unfortunately you can't really do anything on that one. Your agent knows and so will the rest of the brokerage. Is this a FSBO or does the seller have an agent? If the latter I wouldn't worry too much, his or her agent is not going to want the potential mess on their hands if they don't fix or disclose and a buyer decides to sue after they find issues.
Is this a FSBO or does the seller have an agent? If the latter I wouldn't worry too much, his or her agent is not going to want the potential mess on their hands if thet don't fix or disclose and a buyer decides to sue after they find issues.
They have an agent who has been on vacation for most of the month, so have been difficult to get answers from. They all knew this was an FHA/VA loan from the beginning, and needed to meet certain requirements. Now, after the chlorine application (and second well test at our expense), the seller is now threatening to not do the repairs he signed off on last week?
They have an agent who has been on vacation for most of the month, so have been difficult to get answers from. They all knew this was an FHA/VA loan from the beginning, and needed to meet certain requirements. Now, after the chlorine application (and second well test at our expense), the seller is now threatening to not do the repairs he signed off on last week?
Well that is a bit different from your original post which lead me to believe the seller just refused the repairs, you didn't mention that he agreed to do them initially. Did you and your agent submit a request for repairs? Did the seller sign the request in agreement? At this point I would say you should seek legal advice, but that is my personal opinion, a Real Estate professional might advice you better or differently.
Well that is a bit different from your original post which lead me to believe the seller just refused the repairs, you didn't mention that he agreed to do them initially. Did you and your agent submit a request for repairs? Did the seller sign the request in agreement? At this point I would say you should seek legal advice, but that is my personal opinion, a Real Estate professional might advice you better or differently.
Now that we know more of the story...I agree with you...legal advice unless your Agent and the seller's Agent can work this out!
Did you and your agent submit a request for repairs? Did the seller sign the request in agreement? At this point I would say you should seek legal advice, but that is my personal opinion, a Real Estate professional might advice you better or differently.
Yes, there was a submitted. signed by the seller repair agreement (signed before well retesting). The repairs are to satisfy the loan requirements, I couldn't buy it "as is",even if I wanted to.
Now, after the chlorine application (and second well test at our expense), the seller is now threatening to not do the repairs he signed off on last week?
Okay, so let me understand this....they dumped a few bottles of chlorine down the well, of course it killed everything in sight, and now the well is "fixed"? Are you kidding me? Where is the coliform contamination coming from? It will come back if the source is not identified. Is the well too close to the septic? Is groundwater getting down into the well? Maybe the chlorine has fixed what was a one-time contamination problem, but somehow I doubt it.
I would not buy this house. The seller is doing you a favor. At least this way you can get your earnest money back.
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