Buyer regrets not having home inspection
Q: We bought our first home during a sellers’ market, so we mistakenly agreed to an as-is purchase.
Our real estate agent told us that a home inspection had already been done for a previous buyer who had backed out of the deal. To save money, she suggested that we forego hiring our own inspector. Because she is a personal friend, we trusted her and signed a waiver of our right to an inspection. But after we moved in, we began to have plumbing leaks. When we contacted the seller, he admitted knowing about these problems but not disclosing them because he had repaired the pipes himself and he didn't think they would leak again. We finally hired a plumber who opened the bathroom wall and found the seller's substandard repair work. The repairs will now cost over $2,000.
We also have air conditioning problems, with a repair estimate of $3800. When we called the seller about this, he said that our waiver of a home inspection relieved him of the obligation to disclose. How do you advise handling this mess?
A: Declining to have a home inspection is never a good idea. Even when there is an inspection report from a previous transaction, you have no assurance that the inspector who made that report was qualified, experienced, or thorough.
Unfortunately, some real estate agents are uninformed in this regard and often give the same faulty advice that you received from your agent. As a personal friend, her counsel may have been well intended, but she needs to learn from this occurrence that such advice should never be given to any buyer.
The seller's position is indefensible. He has clearly violated the ethical standards and legal requirements for real estate disclosure. He stated that he was aware of specific defects with the plumbing and air conditioning systems but chose to withhold that information.
His denial of responsibility on the basis of a declined home inspection is totally groundless. His obligation to disclose known defects is an entirely separate issue from any inspections that did or did not take place. Home inspections do not absolve sellers from their obligation to provide full disclosure to buyers.
Your first step in addressing this mess is to realize that there are probably more undisclosed defects than you are yet aware of. In order to get the full picture, you should hire a home inspector of your own — someone with many years of experience and a reputation for thoroughness. Once you have a comprehensive report, you'll be prepared for the next stage of communications with the seller. Given his unwillingness to cooperate in a fair and equitable manner, a letter from your attorney might be needed to awaken his attention.
The seller’s failure to disclose known defects, as required by state law, should obligate him to pay the repair costs for the conditions in question. If he does not agree, the matter can be settled either in civil court or small claims court, according to the advice of your attorney.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.