05-08-2007, 10:04 AM
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Member
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Join Date: Mar 2007
Location: Corinth, Tx
Posts: 56
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What would you do?
I did an inspection a few weeks ago on a home built in early 70's. One of the area's I noted was Aluminum wiring. I found out later that the client had specifically told her RE Agent that she did not want aluminum wiring. The disclosure had it listed as Copper. Well, she optioned out on the house and requested a refund on ernest money due to failing to disclose aluminum wiring. Her agent, who we also found out represented the seller, replied with this...
"...actually the house is copper wired. It is not aluminum wired. Your inspector was wrong. We have the inspection from when they purchased the home in January of 2005 and it does state that it was copper wiring in the home and their sellers disclosure reflects the same thing from when they bought it from the owner."
and refused to refund the ernest money. After I checked the disclosure, I noticed that under "Has seller ever obtained a written report about the condition of the foundation from any engineer, contractor, inspector, or expert?" it was marked "NO". AND under the disclosure it asks how long the seller has owned the property. It said 1 year. (January 2005 - April 2007, hmmm I count 2+).
My client asked me if I had proof that it was aluminum, and I advised that the pictures are in the report (another client who doesn't read the reports I guess). Then she asked what actions she should take to get her money back. I pointed out the fact that the disclosure states no inspectino report, they have one, copper wiring, it's aluminum, and length of residency is inaccurate and... "I am by no means an attorney, but the little I know about contracts and real estate, I would guess an attorney would agree you are due 100% of option and earnest money back based solely on the disclosure and the below response. If the seller does not give the refund, you may want to consider contacting legal council on the matter."
I guess she forwarded that to the agent and the agent replied back with "My broker has this file and he read the email that your inspector sent. He agrees with me - that your inspector crossed the line. We are now researching to see if he has a degree in real estate law, since he gave you legal advice."
I know, I'm a deal killer, shame on me.
What would you do now? No, not asking for legal advise, just your own personal opinion.
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I'd rather be catching a big ole Redfish!
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