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All Forum Posts by: Barbara L Dainoff

Barbara L Dainoff has started 1 posts and replied 19 times.

Charlie - All helpful but I believe I pursued many of your suggestions. Seller is a broker, no longer holds an agent's license. In the P&S I bought the house from his business inc.

NBC Boston ran a consumer 3 minutes on my tale of woe but the seller's name wasn't aired, a last minute change from legal.  Unfortunately, thinking a TV report might make seller come to the table, I lost 2 months - all the snow in March delayed it.  Photos that were used weren't correct in terms of the verbiage - I wasn't asked.  I had contacted all the TV consumer reporters and was told by all if lawyers were involved they couldn't help.  Now the Boston Globe's consumer reporter is thinking about it. 

I called and spoke with the owner of the company whose home inspector I'd hired.  He's on the board that writes the building codes - I didn't get too far w/him other than a referral to someone in a similar position in central MA.   

The Commissioner of the Building Dept was inept.  

My attorney is not a pit bull but he's followed me from the closing and hasn't charged me a all.  Letters written, meetings etc.  He's as angry as I am.  So I want to stick w/him.  Financially, I'm strapped.

I'll reread what you've written and thank you so much for taking the time and interest in helping me.   

I found the quote below in a recent article on Bankrate.  Would anyone know if responsibility is implied or written somewhere?  I appreciate the responses - Thank you!

Karu says house flippers have a moral and financial obligation to make their flip safe.

“You are responsible for maintaining the safety of a home; that’s what codes are for,” she says. “It’s got to be safe because you’re liable for at least a year for the safety of the people living in the home after you finish it.”

Lynn M - Thanks, we hadn't considered that.  Boston Globe editor referred me to AARP, unfortunately the fellow who might be helpful is traveling and not available for possibly 2 weeks.  I'll look into this.  

People have a right to make money, a profit.  It could be said there's something noble in bringing a home back and improving a neighborhood.  Pretty much everything that was done improperly in my home would have cost a minimal amount of money to do correctly.  What stymies me is why buy materials ie roofing shingles and install them 3" off the nailing line that's clearly marked?

This is my sad tale -  I purchased a home marketed as "Tastefully renovated, and updated 3 bedroom, ranch.... One level living with a large modern kitchen, Gorgeous hardwood floors through-out, High end Tile, Cabinets, Granite... New high efficiency gas HVAC for perfect home climate... Enjoy entertaining in this pristine revival."

I wasn't able to move in when I wanted to last summer as the A/C wasn't cooling the home. I learned after multiple texts to the HVAC installer he'd left the system inoperable because he feared he wouldn't be paid.

As the water drained following my third shower in my home - the toilet flushed. Plumbers snaked the main and laundry drain finding construction debris as well as rust clogging the lines. Less than a week later I'd found and had a consultant/trouble shooter here - I was uneasy about the home.

I have since learned virtually everything to do with the HVAC system is wrong. Exhaust vented below the snow line - people could have died in this house. Exterior doors weren't properly sized or installed - neither sealed or were actually closed even when locked. Thresholds, twice as high as code allows presenting a trip hazard. The sump pump emptied adjacent to the foundation - water poured back into the basement flooding it with over 6" of water. The roof of the garage was likely to come down with a snow load. The electrical system has been tripping breakers. Most dramatic, as a plumber was working in the basement correcting the furnace vent, the brick underside of the fireplace hearth came crashing down. The new roof has to be stripped and redone as no shingle is nailed correctly. A kitchen cabinet is hung upside down. The tile work in the bathroom has cracked. Unfortunately the list goes on.

Several letters have been sent to the seller's attorney. The seller, his attorney and contractor, my attorney and contractors I wanted to remedy the situation met in my home in early November. Afterwards it was proposed by the seller that his contractor would bring in a crew and knock out the "to do list" in half a day. I couldn't accept the offer. My attorney's letter enumerated my out of pocket expenses and the work yet to be corrected. We've gotten no response although the seller's attorney had said they want to avoid litigation.

I hired a contractor to make my home safe. The work has taken 5 1/2 weeks and as it progressed it was evident that the negligence of the original contractor couldn't have been anticipated. The HVAC system took two and at one point a third techs 3 days to correct.

I believed I bought a home that was move in ready. I'm a senior, with limited income and means. I cannot afford the renovations that had to be done to my home and more work remains.

The seller has "flipped" other homes and he indicated the contractors who worked on my home were workmanlike on other projects. I hope the families who bought his other renovations have homes that are safe.

The seller (removed his name) he now holds a construction supervisor license. If his LinkedIn profile is to be believed his background is in event planning and several other forays as an entrepreneur in similar venues. My guess is he's continuing to flip other homes.

I have also, although only fairly recently, learned that the Building Department, the Commissioner in particular, was remiss. The home was sold at auction from the City of Leominster and slated for renovation. I would expect that a distressed property would be a high priority on the Building Departments radar. It wasn't yet their mission statement is "to ensure the public's safety through proper construction oversight .."and I've suffered.

I have photos documenting all that has gone on here.

I've written a 93A letter to _____ who in response is taking no responsibility for his negligence.

Barbara

To John -

Insurance is something I hadn't been advised of other than the seller/flipper is a real estate broker and would hold insurance.  I know the names of the most negligent contractors - the general one and HVAC.  The work was so bad I didn't want the same folks to come back.  If I can figure out how to post my experience I'll copy and paste.

Thanks for the advice.

To Anthony -

I called the Board of Realtors - seller is a broker and not listed w/them.  I've had a lot of work corrected in the house.  It took a lot of money to move etc and I've spent half of what's needed going forward.  I'm not in a position to sell nor would I have known all that would happen until time passed.

Thanks Jackson for the kindness of a reply.  Homeowner's insurance did cover the flood in my basement - sump pump drain emptied next to the foundation and water came right back in.  But HOs doesn't cover improperly installed doors etc. 

Maybe not the best place to ask for advice - I bought a home in N Central MA advertised as totally renovated, a pristine revival.  Among other attributes was a new roof and new high efficiency HVAC.  What I've learned since owning the home is virtually everything was done wrong.  Yes, I had the home inspected but what has transpired here couldn't have been anticipated.  The home was unsafe in part and unlivable.  I'm a senior with limited means.  The seller is taking no responsibility for his negligence.  The work on the home was marginally permitted and minimally inspected by the Building Department.  I'm faced with bringing an action I can't afford.  Is there any oversight for flipped homes.  Anyone I can contact?  

Barbara