I just got a call from my Real Estate agent...

Seems the lady that bought my house is complaining... The side door to the garage leaks, and she wants me to repair it since I didn't disclose it... Not a significant amount, maybe 1/8 inch deep and 15" wide by 6 foot long puddle... Just inside the door...

I have never seen a side door have weatherstripping or a threshhold (maybe a regional thing), and the City doesn't require it... Everyone I talk to says they all have some water run in after the rain...


If I don't fix it, then she will, and send me the bill... If I don't pay, then she can decide to go to small claims court...


I am very close to telling her to *... But I decided I will spend $50 having a handyman put some weatherstripping... Of course, then I am worried she will come back later...



To help releave some frustration, I am going to contact the buyers of her previous house, and ask if their garage leaks... And tell them if she didn't disclose it, to contact her...

I just got a call from my Real Estate agent...

Seems the lady that bought my house is complaining... The side door to the garage leaks, and she wants me to repair it since I didn't disclose it... Not a significant amount, maybe 1/8 inch deep and 15" wide by 6 foot long puddle... Just inside the door...

I have never seen a side door have weatherstripping or a threshhold (maybe a regional thing), and the City doesn't require it... Everyone I talk to says they all have some water run in after the rain...


If I don't fix it, then she will, and send me the bill... If I don't pay, then she can decide to go to small claims court...


I am very close to telling her to F-off... But I decided I will spend $50 having a handyman put some weatherstripping... Of course, then I am worried she will come back later...



To help releave some frustration, I am going to contact the buyers of her previous house, and ask if their garage leaks... And tell them if she didn't disclose it, to contact her...

She may be the type that keeps coming back :yes:... you'll need to decide which battle to tell her whatever it was you were going to say.;):D

I would politely tell her it's her problem. There's no way you can know every little thing wrong with a house, just as you can never know what might go wrong with a used car after you sell it. She should have had an inspector go over the house before purchase. If she did have it inspected, and they missed the door issue, that's their bad, not yours.

If she bought it, its her house now.
Unless she found a body, she shouldnt be harassing you over bull****.

Did you know about the leak?

Did you tell your agent about the leak?

If you knew and didn't tell the agent just fix it.

If you knew and told the agent, tell the agent to fix it, if she didn't tell the buyer or their agent. It is the agents problem now.

If the both agents knew and the buyer knew before, tough luck for the buyer.

I would just fix it for $50, and be done with the whole problem.

Give me a break! Tell this lady to go pound sand :yes:. I'm not up on all the "disclosure laws" but, to me, this does not fall under it. Besides, if she didn't have an inspector look at the house before purchase, that's her problem. And, like stated above, is she did have an inspector, and he missed it, time for her to take it up with the inspector.

Simple fix: Install Threashold = no water coming in again :) . Most people will then say a vent will need to be installed in the door for air flow.

I'd hold your ground. She may be the type that will find every little thing wrong and keep hitting you up for the repairs.

these kind of people won't be happy with a new Threshold ....... new slab !! :eek:

She may be the type that keeps coming back :yes:... you'll need to decide which battle to tell her whatever it was you were going to say.;):D
YEP
I would politely tell her it's her problem. There's no way you can know every little thing wrong with a house, just as you can never know what might go wrong with a used car after you sell it. She should have had an inspector go over the house before purchase. If she did have it inspected, and they missed the door issue, that's their bad, not yours.
YEP
If she bought it, its her house now.
Unless she found a body, she shouldnt be harassing you over bull****.
YEP
Give me a break! Tell this lady to go pound sand :yes:. I'm not up on all the "disclosure laws" but, to me, this does not fall under it. Besides, if she didn't have an inspector look at the house before purchase, that's her problem. And, like stated above, is she did have an inspector, and he missed it, time for her to take it up with the inspector.

Simple fix: Install Threashold = no water coming in again :) . Most people will then say a vent will need to be installed in the door for air flow.

I'd hold your ground. She may be the type that will find every little thing wrong and keep hitting you up for the repairs.
YEP

Tell her to complain to the home inspector that did the inspection for her.

Probably if you do this, the next time a faucet drips you'll be hearing from this lovely wench. Some people are never happy, no matter what you do. If you bend over backwards for them, they'll keep nickel and diming you to death. :mad:

I sold my house about 18 months ago, and it was a miserable experience. My mother in law was the agent, which was fine, but the buyers were first time buyers and they were nervous as hell. They had an inspection and I literally spent a week doing crap to a 6 year old house. Then on the day before closing we finished up and I called their agent to let her know I left all the keys and the garage door openers on the kitchen counter, well about 45 minutes later I get a call back from the agent saying that one of the openers did not work and that they buyer are just about ready to back out of the deal becasue of all the "problems". My next question to her was what she was doing in MY house since we had no closed on it yet. Anyway I went to the house and the opener worked fine. Evidently the batteries were getting low and it had a decreased range. So I ended up buying them new batteries. Luckily I have not heard one word out of them since they moved in, so they must have figured out that they got one heck of a nice house for what they paid. My advice to you would be to no pay her a dime, and not fix anything. Unless there is evidence of pervious leaks how can she prove that you know about the leak. If you fix this problem, you will never quit hearing from this woman. Good luck.

tell her to find some cheese to go with her whine, :) and walk away

you fix it she'll bug you forever about everything.

I had a home once that I sold. the inspector for the buyer said the return to the AC was not large enough. The home was only 5 years old, was built on one of the gorverment assistance programs and passed two inspections when I purchased it. Electric bills were good. I told the agent who wanted me to pay to have it corrected NO and to tell the new buyers to * I refused because the home had passed goverment inspection. The agent payed for it to be corrected out of commision. Six month later the guy who purchased the home was asking the guy who lived next to me how to get in touch with me because the blower on the AC had burned up and he was going to force me to pay. My ex neighbor said he did not know had not heard from me. I had to laugh when the neighbor called me about what had happened. They reduced the restriction to much to the blower causeing it to burn up. The buyer also complained about the rain water coming under the garage door in a small area to the agent. agent called me about it. told the agent it was like that when the house was built the builder corrected as the goverment inspector had directed, and he would have to live with it like I did.

So tell her its her problem now and :waving: byby

Tell her to complain to the home inspector that did the inspection for her.

EXACTLY, Dean! The home inspector's job is too find and report on any deficiencies. If he did not find it and you did not know about it then it is his deal to follow up. I had to do that on my previous house since the upstairs tub would leak when running a shower. I called the inspector and he was glad to come out and determine the issue. It ended up being a simple fix that I did myself.
Frank

If it isn't a code violation, it's their problem. A home inspection is usually mandated by the BUYERS mortgager in order to protect their intrest. They can't force you to do a thing.

Home inspectors are supposed to carry insurance. Since you paid an agent to represent you, that person should continue to uphold the relationship and deal with all petty stuff like that. If not, I would suggest finding a real professional agent who knows how to take care of the principle.

.......................
..............They reduced the restriction to much to the blower causeing it to burn up. ........................

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Not true Barry, many furnaces run for years with NO R.A. duct. :noway:

I would have laughed and laughed and told her to go rent the movie "Are We Done Yet?"

Maybe I would take her a roll of duct tape with instructions to put a strip along the bottom of the door when it rains. If I was feeling generous, I would take her a mop too.

That ain't right.

K

First off I do some remodeling,I have sold property, and I dabble in real estate. I used to think it was the buyers problem,inspections, they had a realtor,disclosures,etc. Not the case. Although some state laws vary, you as a seller are responsible to disclose any known, or unseen defects to the property,via a disclosure. Failure to do so, intentionally or not, can cause you to sued civily,for compensatory, and punitive damages. It does not matter if the buyer elected to have the property inspected or not. Any inspector will tell you that they only guarantee the report while they are on site,and for what they can see, or find. If anything breaks after they leave, furnace,A/C, water heater,mold is found, etc, its not on them,contractually.I know the pain, and aggravation of dealing with deadbeat buyers. I dont like the laws, or attorneys either, but,it is best,and cheaper to pay now,and have them sign a release of any future complaints against you, rather than began the process of litigation at $250.00 per hour attorney fees,pre-trials,hearings,depositions,mediation,and finally a jury trial,in which you will probably lose, because one of the jurers does not like the color of your bruno mollies.;)

Go over to the house, burn a $50 bill in front of her face, and flip her off on your way out.

Like it has been said, if their is no evidence of it leaking prior to her buying the home, she is out of luck whether you knew about it or not. If their is a water stain on the concrete or anything like that, you will lose in court, you are required to disclose that. Also, the home inspector generally will carry no responsibility for that. Almost all home inspectors have a contract which the buyer or seller signs (depending on who is paying him) that basically says he is not at fault for things he could not see. If he inspected when it was not raining, he couldn't say for certain it was leaking. All too often people lean on home inspectors to tell them exactly what is wrong with a home, most inspectors are minimally trained and have all kinds of legal clauses that get them out of any responsibility.

Personally what I would do is go to your previous home and have a discussion with the new owner in the garage. Take a look at the area around the door and determine whether she could prove it was leaking prior to her buying the home, any type of water stain at all is proof. If non exists tell her to get bent, if their is a stain, fix it and move on and hope to God you didn't miss anything else on the disclosure sheet that she can prove.

Jeff

Send Moose and Rocko over there....

Not true Barry, many furnaces run for years with NO R.A. duct. :noway:

hummm well I just know what the AC contractor that installed the unit on the house new,told me when i questioned him, about the return problem. He indicated the other guy was nuts and it would burn up the motor. and it did just as he said it would. :confused: maybe different design units this was about 24 years ago now

... Although some state laws vary, you as a seller are responsible to disclose any known, or unseen defects to the property,via a disclosure. Failure to do so, intentionally or not, can cause you to sued civily,for compensatory, and punitive damages. It does not matter if the buyer elected to have the property inspected or not. Any inspector will tell you that they only guarantee the report while they are on site,and for what they can see, or find... I dont like the laws, or attorneys either, but,it is best,and cheaper to pay now,and have them sign a release of any future complaints against you, rather than began the process of litigation ...


That is EXACTLY the problem,

On my "principles" I'd say * to the buyer... But I realize that monetarily, its probably best to just have it fixed... My agent did tell me to write a letter addressing the complaint...


The BUYER (who is actually a licensed Real Estate Agent herself) sent a letter, to my agent stating,

I feel that since the side door has no weatherstripping, and the seller's did not disclose this area leaked, that they should fix the problem. If they do not want to correct this problem themselves by 10/19/07; I will hire it done and forward a copy of the invoice to you for reimbursement. Several of my items did get wet and hopefully are not ruined, so this problem does need to be addressed as soon as possible before the heavy rains begin.

Yes, water did occasionally come in under the door and form a small puddle (so there might be a stain)... But it had done this since the house was built. Since there was no weatherstripping on the door, it wasn't a defect, just a design issue... My wife and I actually argued with the builder because there were not gutters on this portion of the house... Apparently, the gutters were an extra cost option (only required where people would enter the "house", not he "garage").

I had actually planned on installing weatherstripping myself, but had a few problems. The door is over 1-inch off the concrete, so regular "underdoor" W/S won't work. I had considered putting in a threshold, but I occasionally wheel engine stands and my engine hoise out that door...



I agree on the "inspector" BS too... My home inspector was good at what he noted and told me about, but I think he still missed alot of stuff...

Send her a mop and tell her to get bent. :yes:

I hope I reach a point in my life one day like your buyer to where I've got nothing better to do than make a big freaking deal out of something that could be fixed in 20 minutes for $20.

If the water coming in has caused previous damage that you had fixed (properly), you could still be held liable, since there is knowledge of an actual problem. But if it was never fixed or hadn't been that bad before, I believe you are OK, since they can't prove that it would be something that you were hiding. Fix it this one time, and see if they stay away. Your realtor should have stepped in at this point and offered real advice.

hummm well I just know what the AC contractor that installed the unit on the house new,told me when i questioned him, about the return problem. He indicated the other guy was nuts and it would burn up the motor. and it did just as he said it would. :confused: maybe different design units this was about 24 years ago now

Well he was either pulling your leg or didn't know what he was talking about.

Now not enough R.A. WILL cause a system to be short lived.

I'm pretty confident, the majority of houses built in water climates with a side door to the garage have a 2 to 3 inch gap from the concrete to the bottom of the door. Of course water will get in there in a heavy rain if there is no rain gutter or it's a driving rain. I have a rain gutter overhead on mine, but added weatherstip to the jam, etc. I've had numberous people tell me if I installed a threashold, a vent will need to be installed in the door for airflow to reduce the fumes in the garage. So, for now, I simply put a towel in the gap when it rains for extra protection. You'd think, the lady has never owned a house before (even though you say she is a real estate agent herself).

Send a letter and tell the new owner you can seal the door, but will not fix the airflow problem that will be created as a result of sealing the door.

I will never figure out why people waste so much time and energy on trivial problems such as this. She could have fixed the problem in less time than it took her to write the letter to your agent. :clonk:

Gook luck, whatever you decide to do Tony.

If the water coming in has caused previous damage that you had fixed (properly), you could still be held liable, since there is knowledge of an actual problem. But if it was never fixed or hadn't been that bad before, I believe you are OK, since they can't prove that it would be something that you were hiding. Fix it this one time, and see if they stay away. Your realtor should have stepped in at this point and offered real advice.


The problem is though that if he knew water leaked in, which he says he did, and did not disclose it on the property condition report, he is liable for it. If it can be proven in anyway that it leaked prior to the sale of the home, he is liable. If an attempt had been made to fix it, it still had to be disclosed. The seller could then write in the property condition report that the leak had been fixed. At this point the seller is no longer liable for it as the leak had been disclosed. The only way out of this, legally not morally, is if their is no proof of a past leak. Any stain on the concrete or walls from water and he will lose in court.

It sucks that the buyer is a real estate agent as she will no very well what the laws are and so far she is acting within them. Again, the best you can do is fix it for her, and pray to God that you didn't "forget" to disclose anything else on the property condition report that she can prove you knew about.

A biggie for property condition reports is leaky basements. After a basement leaks even a few times, it leaves marks and is very hard to hide effectively. Quite often the seller forgets to disclose the basement leaks and the buyer finds out after buying and the seller is on the hook for fixing the leaking basement, which is very costly. Same thing as not disclosing the info if you know your road is getting replaced after you move out. If the buyer can prove you were aware and did not disclose it, the seller pays all costs of the repairs.

Jeff

I assume she bought the house without any kind of warranty. Tell her you feel her pain but a used house will have maintenance items that need taken care of, she just happened to find the first one. If you fix one, she will be back to the trough. I can't believe she would sue even in small claims court since the filing fee is more than the repair and all you can collect is actual damages. I hope your real estate agent made sure it was sold as is without a warranty. The discloser is not iron clad for every little thing, just the biggies and generalities.

Another fact is you can still be sued for items that you did reveal on the disclosure,if the buyer feels that you did not fully explain the severity of the problem, or the extent of damage, or repair.If a buyer decides to remodel a basement, tears out the old drywall, and discovers mold, yes, you can be held liable,whether you knew it was there or not. It becomes a lose, lose situation as a seller, if you win the case it cost you $12,000 in legal, and expert witness fees, if you lose the case it cost you $12,000 plus, any settlement, or punitive damage fees. You can also forget about the contract where it states the buyer accepts the property in as in condition,this does not cover latent defects to the property. The attorneys have taken the fun right out of real estate. :yes:

EXACTLY, Dean! The home inspector's job is too find and report on any deficiencies. If he did not find it and you did not know about it then it is his deal to follow up. I had to do that on my previous house since the upstairs tub would leak when running a shower. I called the inspector and he was glad to come out and determine the issue. It ended up being a simple fix that I did myself.
Frank

DITTO!!!!!!!!!!!!!!!!!!!!!!!!!!

I hope I reach a point in my life one day like your buyer to where I've got nothing better to do than make a big freaking deal out of something that could be fixed in 20 minutes for $20.

Me too...

But the Real Estate market here crashed big time... My agent estimates that my house (that I sold) dropped about 20% in value since I sold it (5-months). He also said very little is moving in this market (a LOT of Foreclosures!). he said we were very lucky to get out when we did... So maybe she's bored and bitter...


Thankfully, the area we moved to is more stable with housing prices...