Agent disinterested after the close

Q: When I purchased my house, the home inspector listed a number of items that needed repair, including problems with bathroom plumbing, electrical outlets, yard drains and windows. My agent told me "everything will be fixed by the sellers." But nothing was ever fixed, a fact I learned after moving in.

I've now spent $3,000 on various repairs, and my agent seems completely disinterested. He told me to call the sellers' broker. The sellers' broker says the sellers are liable, but he refuses to give me their new address. And now, he won't even return my calls. I'd like to take the sellers to small claims court but don't know where they live.

Are my agent and the sellers' broker responsible for this situation?

A: The agent and broker have clearly neglected their professional duties. In particular, your agent should have been working on your behalf. He was paid a commission to represent your interests. Now that you have problems, he is telling you to go represent yourself.

As a matter of professional ethics, it was his responsibility, not yours, to contact the listing broker and to address these issues. If repairs pursuant to the home inspection were to be performed by the sellers, it was your agent's responsibility to follow up on these procedures, to make sure the work was completed before the close of escrow. Likewise, the listing broker should have made certain the sellers' completed the repairs in accord with the purchase contract.

Failure of a licensed agent or broker to perform these duties is a violation of law in most states. Agents who refuse to represent the interests of their clients are ethically deficient and should be treated accordingly. You can file a complaint with the state agency that issued your agent's license, or you can take the agent to small claims court.

Q: I'm about to list my home for sale and am concerned about improvements I've made without permits. For example, I moved the laundry into the garage and installed ceiling fans in the bedrooms. To the best of my knowledge, I did everything according to code, but without permits. What do you recommend?

A: Building codes are so numerous and complex that it would be easy to incur one violation or another, especially if you're not a licensed contractor. According to law, electrical and plumbing alterations always require permits, but this is commonly overlooked by do-it-yourselfers. For example, water heaters are typically replaced without a permit.

Most home sellers simply disclose to buyers that work was done without permits, and most buyers accept this disclosure at face value. In all likelihood, your buyers will hire a home inspector. If the inspector is competent, noncomplying conditions will show up in the inspection report. In that case, the buyer may or may not ask you to make corrections.

Another approach would be to hire your own home inspector for a presale inspection. Then you can sell the home as-is with full disclosure, or you can make repairs as specified in the report.

• Email your questions to barry@housedetective.com.

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