OT - A homebuyer's problem... help!

Wazzo

DIS Veteran
Joined
Nov 5, 2005
Messages
2,099
Okay, here's the situation...

My Mom recently bought and moved into a new (for her) house this August. One of the stipulations was that all the fireplaces (gas) would be in working order. The previous owners said they would fufill this obligation. They said that when the winter comes we would just need to get a tech to come and turn the pilot light back on (or something). Turns out it was WAY more than that with a bill of about $430 to fix it all!! :faint:

Does my Mom have any recourse here? Or are we SOL? I was thinking she should contact the real estate lawyer that she used to close the deal?

Thanks SO much in advance for any help/suggestions!! :goodvibes
 
If the stipulation or agreement was on paper then you may have a recourse...however I am no lawyer. The real estate lawyer will cost you more than the repair so you have to decide if it is worth following through on. Verbal agreements and you are basically SOL:sad2:
 
I'm no expert, but I would first call the real estate lawyer (unless he/she will charge you, in which case I'd just call the previous owners directly; they may just apologize and mail a cheque). Was this agreement in writing? If so, small claims court should do the trick if all else fails.
 
If it was one of the conditions listed in the purchase agreeement, then yes, she has recourse. She should contact the real estate agent who acted for her in the purchase first. They will in turn contact the listing agent. Between the two of them, they will probably make up the money for your Mom, if the listing agent doesn't want to go back to the vendor.

Barring that, the lawyer who looked after the closing can take some action. If your Mom purchased Title Insurance, they may look after the bill and then go after the vendor for restitution.

Our first home, the occupants (not the owners) had purchased and installed a new storm door. They did not have the door listed as an exclusion in the sale, so imagine my surprise when we took possession and the door was missing! The vendor's agent tried to say to bad, it didn't belong to them, the tenants had a right to take it. I went over his head to the owner of the company, and had a new door dropped off at my house within a couple of days
 

FayeW said:
If it was one of the conditions listed in the purchase agreeement, then yes, she has recourse. She should contact the real estate agent who acted for her in the purchase first. They will in turn contact the listing agent. Between the two of them, they will probably make up the money for your Mom, if the listing agent doesn't want to go back to the vendor.


Thank you for this info! I think she is contacting her real estate agent tomorrow.
 














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