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All Forum Posts by: Account Closed

Account Closed has started 4 posts and replied 25 times.

Originally posted by @Joe S.:

How do you know they shared old emails from years ago. This all seems highly unlikely. 

Yes that's why I'm posting because we're intrigued... how would an attorney state that we had negotiated a specific line item in an inspection report? That conversation he was referring to was one email. 

Originally posted by @Ika Sargeant:

@Account Closed there are 5 or more parties who possibly received the inspection report; you and your agent, seller and seller agent and then the inspector. Not sure why you can not ask your current agent who the source of information is without feeling like its a confrontation. This is a fair question to ask and you had an expectation that the inspection report was yours. It is possible someone in this group might have felt the foundation should be disclosed to your new listing agent. The bigger issue is, was the foundation issue was taken care of? and if it was- give the prospective buyers something that proves repairs were done and put the whole thing to bed. 

Our previous realtors were not the same ones as this time around, and even assuming they used the same inspection company, they couldn't have gotten an old report that's not theirs/not a public source otherwise. We had no recollection of a foundation issue, so no, that was not addressed before though we've had steel beams put in by an engineer who assessed the structure of the entire property twice in different occasions and never made a mention of it, hence our lack of awareness for this particular line item in our old inspection report. My issue is how such a specific accusation would have been made without someone being forwarded our emails between our realtor at the time and our attorney. The wording in this email chain between our now Buyers and their attorney and OUR relator was very specific and accusatory.

Originally posted by @Russell Brazil:
Originally posted by @Account Closed:
Originally posted by @Russell Brazil:

If they got it from your agent without your permission that would be a no-no. But emails have 2 sides to them....the sender and recipient. If they got it from the other side of the email, nothing you can do about it.

 Our old emails where such discussion was made were between me/spouse, our attorney at the time and our buyer agent. That agent we used 5 years is not part of the same office as our current listing agent. They're both from KW but from subdivisions which one is no longer around.

 So how did you negotiate with the seller if you never sent them an email with the information?

The emails are from 5 years ago when we bought the house (we were the buyers then). Now that we're selling, these old emails were somehow brought up between agents and our buyer's attorney. We did not know about any of this until we were forwarded an email and this was stated in a chain between buyer's attorney and agent. It wasn't until we saw that statement being made that we went to check our own old emails from when we bought the property to confirm if that was true because we don't remember any of it (we had gone through a medical issue at the time while we were under contract). We're trying to find out, before we confront our own agent, how anybody would have gotten a hold of our emails from several years ago 

Originally posted by @Russell Brazil:

If they got it from your agent without your permission that would be a no-no. But emails have 2 sides to them....the sender and recipient. If they got it from the other side of the email, nothing you can do about it.

 Our old emails where such discussion was made were between me/spouse, our attorney at the time and our buyer agent. That agent we used 5 years is not part of the same office as our current listing agent. They're both from KW but from subdivisions which one is no longer around.

@jonathan greene We see 2 problems - our listing agent, who was part o these emails, never advised to review our own inspection report when we bought it when she sent disclosures, then her + buyers agent (dual agent situation here) somehow found our old emails and our own inspection report without telling us about it. Seems like a big conflict of interest to someone who is getting paid a pretty chunk of change to represent us.

@Alan Lacey I checked, all different attorneys

Is it possible for a realtor (buyer or seller's agent) to retrieve old emails from past realtors under the same brokerage firm (different subdivisions) and share them with buyers? Can emails from a previous sale made 5 years prior be shared without the seller's consent?

We were forwarded an email by the Buyer's Attorney where one of the messages sent to our attorney stated that when we purchased the house, a foundation issue was not only in the inspection report but that also we had negotiated with our sellers for a credit repair several years ago.We know inspection reports are not a public source. Our buyer's agent when we bought the house was under the same big umbrella realtor firm. That realtor and subdivision are no longer active, and our listing agent now is a different subdivision but under the same big-name brokerage firm. I don't want to come up with conspiracy theories, but how would such a statement be made if not for reading previous emails?

Could they have possibly had access to our old emails with the previous realtor? And is this normal? We truly had no recollection of this inspection report issue and weren't deliberately hiding anything but we're now scratching our heads at how such a specific accusation would have been made. Before we ask our realtor how this came up and how they knew, we wanted to know if this is normal or even allowed. We were never advised by our realtor to review our old inspection report before signing disclosures.

Is it possible for a realtor (buyer or seller's agent) to retrieve old emails from past realtors under the same brokerage firm (different subdivisions) and share them with buyers? Can emails from a previous sale made 5 years prior be shared without the seller's consent?

We were forwarded an email by the Buyer's Attorney where one of the messages sent to our attorney stated that when we purchased the house, a foundation issue was not only in the inspection report but that also we had negotiated with our sellers for a credit repair several years ago.We know inspection reports are not a public source. Our buyer's agent when we bought the house was under the same big umbrella realtor firm. That realtor and subdivision are no longer active, and our listing agent now is a different subdivision but under the same big-name brokerage firm. I don't want to come up with conspiracy theories, but how would such a statement be made if not for reading previous emails?

Could they have possibly had access to our old emails with the previous realtor? And is this normal? We truly had no recollection of this inspection report issue and weren't deliberately hiding anything but we're now scratching our heads at how such a specific accusation would have been made. Before we ask our realtor how this came up and how they knew, we wanted to know if this is normal or even allowed. We were never advised by our realtor to review our old inspection report before signing disclosures. 

Post: Under Contract and Basement Flooded. Now what?

Account ClosedPosted
  • Posts 25
  • Votes 13
Originally posted by @Bruce Woodruff:

Why do you care what kind of 'out' they have if you want out, too? As long as you don't lose any money you're fine, you might even make a little $.....

Just move on....plenty of houses out there.

how do I make money in this situation? I don't want out for now, but I'd like to understand if a seller has a way out in this scenario.

Post: Under Contract and Basement Flooded. Now what?

Account ClosedPosted
  • Posts 25
  • Votes 13
Originally posted by @Bruce Woodruff:

I'm not an attorney (thankfully) just a dumb old contractor. But you do NOT want a house with any water issues, past present or future. Thank your lucky stars they want the house back, get the h**l out. Why are we even discussing this?

 Yes, not arguing with that. I just want to understand this clause and what kind of out a seller has in this case