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Just my $.02 as a real estate appraiser who deals with these issues and deals with realtors and lawyers daily. I suspect a lot this will irritate lawyers, realtors and the original poster but it's just my $.02. Realtors spend hours and hours crafting verbiage to limit their own liability. They intentionally stick their head in the sand and will go a mile out of their way to avoid hearing something that has to be disclosed. The most often used clause is "buyer to verify" or "per some third party source". Hopefully you had an "as is" clause in your contract. Dig it out and look it over. It is standard commentary in my area. Locally it would be considered an oversight (probably not negligent) to leave it out.
He signed off on the part that say's buyer accepts property and it's improvements in their "as is" condition as stated herein above subparagraph 6b. EXCEPT for the following inspections: Inspections: Complete property.
It goes on to say if the buyer (at his expense) does not get an inspection with in 10 days and if anything is not up to standard operating condition and the buyer failing to notify sellers agent in writing within three days after inspection, shall constitute an acceptance of such inspected items in their "as is" condition and a waiver of this inspection clause. As I read and type this it sounds like since he did not have an inspection performed. He bought it?
The BBB is worthless. They are completely impotent and it's a waste of your time.
I have no arguement with this. But short of heading straight to court what do you do. Also, since I checked the BBB on the contractor, I sure would have appreciated knowing what he was.
The appraiser who performed the appraisal for the purchase should have verfied that permits were issued and that it was finaled. That is definitely part of his job and I would strongly suspect there is some liability here. I'd be very nervous if I did the appraisal on it.
That's interesting. I wasn't aware they are supposed to check for such.
I've provided expert witness testimony in several cases where one side claimed something simple to fix couldn't be fixed and the whole thing had to be torn apart to fix it. It's a common claim and frequently B.S. I'd look into beefing up or fixing what was there if it came down to it before I agreed for a complete re-do.
I have called numerous times trying to talk to the county administrator who is in charge of the inspections. Every time he is out, gone to the court house, lunch, gone for the day, or doing inspections. I have left my phone number each time and he has not returned my calls. I did talk to one of the inspectors and he said the rafters were stucturally unsound but was non commital when I suggested a beam and support posts.
Sorry, but I do think you had some obligation to check out the contractor and make sure the inspections are being conducted. I'm personally check the license status of the contractors on my garage project and try to be there for inspections. I inspect the card and stay on top of what needs to be done. This is where I think you are most vulnerable.
Not disagreeing except for my only excuse "ignorance". In Texas out in the county ther are no requirements for permits or anything else, the only caveat (I'm aware of) to that is now you have to have a permit for a septic system. That is why I hired a contractor. When I read the bid for the garage is the first I knew of any permits required, and he had it in it that he would provide. As to inspections, when I talked to the concrete guy's the said I had to have one for the slab before they could pour, and the same contractor said the electrical needed a permit and inspection. Which I had. Now the county say's the electrical was not done even though I was there to let the inspector in the garage.
What was the contributory value of this garage and why should he be compensated by an amount greater than the lesser of that amount or the cost to cure or remove it?
You got me there!!
Don't do the opposing side lawyer's job for him. In many of the cases that I've been involved in (as an appraiser not a lawyer) it has been the words that were volunteered by someone that have sunk their case.
I am retired military. I have an appointment with JAG on Tuesday. After I talk to them I will have a better understanding of where I need to go. My only issue is his lawyer gave me 20 days from 8 Jun to pay him or to court he goes.
Hopefully you have that "as is" clause. Something to the effect of "buyer accepts the property in its present as is condition with no guarantees or warranties expressed or implied" is typical here.
As I said above it is there and if I read it right he has bought it since he never had an inspection performed.
As far as title goes I can say that I've had multitudes of properties transfer with unpermitted additions, legal non-conforming and non-compliant issue. The difference in my area is when the county files a notice of non-compliance. Then title transfer becomes difficult without correction.
Sorry for the length of post but I feel for the OP and wanted to offer any knowledge I could (even though it might not be worth much or applicable). Good luck to you.
