All Forum Posts by: Shaquetta Chittams

@Russell Brazil So we have nothing. We just have to hope the broker can get our EMD back.

@Russell Brazil Would the extension have to be formal or would an email be good enough?

@Wayne Brooks Why wouldn't he be if he provided us the report later than promised? He is the reason we are a day late.

Can I file a claim against my home inspector's insurance?

So I'm looking at the contract and the Disclosure of Licensee Status is signed by the seller but it doesn't have his wife's name on the "This is to give notice that________________" Does this mean anything?

@Russell Brazil

@Russell Brazil She was in contact with the inspector, but he just took longer than he promised to get us the report. We were really at his mercy. So he's done! The EMD is sitting with our agent's broker and their suggestion is too wait for them to cool off before attempting to get them to sign again. I spoke with the broker today myself and she just sounds like no matter what we're going to have to wait for them to sign and if they don't sign it will just sit.

Where else should be look through the contract to see where they may or may not have signed? They did sign saying there were no defects, but if you've been patching up the walls and the basement smells wet then that seems like there was knowledge of a water problem. Our ignorance is what really got us into this. We assumed all basements smelled wet, not knowing there was a really a problem. 

They built a kitchen in the basement so who knows what that could be covering! Is there anything else we can do??? Why would the broker not aggressively attempt to get our EMD back? What is the point of disclosures if they are not required? What protects us as the buyer???

@Russell Brazil What about the patch work around the base of the house? That seems to demonstrate they knew something was wrong. They were patching it for a reason. So although we have no control over any of this we lose our EMD???

@Russell Brazil

It was a MAR contract and the report was sent the day it was provided to us by the inspector which was one day late; however, the seller had been notified and agreed with no problem. They sent the repairs they were willing to make and when we declined to move forward they decided they wanted to keep our EMD. NOW.....we never would have entered in a contract with them had them honestly submitted disclosures. They did not. So doesn't that make the contract fraudulent?

My husband and I put a contract on a home. During our home inspection, we found there was moisture in the basement and potentially mold based on our inspector's radar. He also noted the patch work around the foundation of the home was an indication their was moisture in the basement. He noted this prior to entering the home. This is actually what lead him to further investigate. He believed the basement needed waterproofing. After the report was sent to the selling agent (who is the seller's wife), the seller replied with his list of things he would fix. This list included additional patching around the foundation of the house. We declined and opted to release the contract. When we opted to release the contract because the patchwork was not enough, the selling agent is now attempting to keep our EMD because the inspection report was a day late although they were notified and accepted. Also, we believe this moisture in the basement was a latent defect that was not initially disclosed in the contract. We didn't learn of this until we conducted a home inspection and according to the report the levels on the moisture radar was significantly higher than where mold begins to grow. The patchwork and the increased moisture level somewhat appears that there had to be knowledge there was a moisture problem in the basement especially considering the sellers resolution was to re-patch the work he had previously done. What protects us as the consumer from shady sellers and their agents? Especially considering we would not have put a contract on the house had we known their was a moisture problem. There actions appear to be intentionally deceptive and now they are trying to take our money stating we breached the contract because the inspection report was a day late.

@Ned Carey

@Ned Carey Do you have any advice on this topic?

@Tarik Larue Do you have contact information for MWG? I can't seem to find their website.