We just bought a new home and it has been an absolute nightmare. Within the first 4 weeks we have had to replace the entire A/C system - it was leaking all over the garage and it was discovered that the unit was undersized, the air intake was way undersized and it was improperly installed. The platform was actually sitting at an angle due to deterioration. The first rainstorm we had and guess what??? Not only are there 11 leaks in the roof but there is also a very bad leak in the master bedroom around the window. The roof has only a 2 inch overhang and the water is cupping back and getting behind the wall (channel cut rustic cedar exterior) and entering in the house around the bedroom window. We pulled the frame off from around the windows on the inside and guess what???? MOLD!!!! No wonder I've been sick since moving into this house! The roof should have an overhang and ther is NO flashing around the window!!! The home inspector failed to note any of those things as problems and the home owners failed to disclose that there were any problems with the home. The home inspector and former owners failed to even note that the wall around those windows had been replaced - and it is pretty obvious now that we're really looking at it - the wood is slightly different!!!!

This house went through 3 hurricanes and the previous owners said they filed claims all 3 times to try to get the roof replaced, but their insurance denied their claims. They knew there were problems, but told us there were none.

Should we contact an attorney?? What should we do??? The A/C was $5,000 the roof estimates have ranged from $11,500 to $14,500 and the wall estimate was $3,000 to $5,000. Not to mention my medical bills due to the mold allergy and stress!

Did you ask for the Sellers Real Property Disclosure Statement before you made your offer?

Have you asked you Agent what recommendations they have? What were the terms and conditions to your offer? Did you have the proper inspections performed by a qualified inspector?

I somehow get the feeling you didn't have an inspection or an agent... because in Florida a signed property condition statement is required IF you ask for one! and every agent I know of ALWAYS ask for one and most will Strongly recommend inspections.

If you did receive one, re-read it and if these potential problems were not disclosed but the Statement was signed... you may have some luck with the sellers although you may have to do it in a court of law.

If you purchased your property with out an agent... well you will probably have a much harder time since by doing so you demonstrated your position was that you were knowledgeable enough to work the transaction on your own and should have know what to do.

Florida Real Estate Laws are very buyer friendly.... but only when the buyer is knowledgeable enough to make use of them or when they make use of some form of representation by someone who is... like their own agent.

Yes, we did get a Sellers Disclosure before we made our offer. The disclosure did not say anything about current leaks in the roof or wall/window. The sellers did not indicate they had any knowledge of any A/C problems. They did say the roof had damage over the back porch of the house where a tree limb hit it, but that was the only damage disclosed. The roof is leaking throughout the house.

I called our agent and she was going to ask some questions (she is a relatively new agent) and get back with us. The terms of our offer was a clean home inspection w/ no repair over $250 (they chose that amount and we agreed to it). Yes, we had a "qualified" inspector - we found him through the ASHI and FABI websites and checked him out with the BBB. We had him do a Home Inspection and a Termite Inspection (paid him $595 for the 2 inspections).

"I somehow get the feeling you didn't have an inspection or an agent... because in Florida a signed property condition statement is required IF you ask for one! and every agent I know of ALWAYS ask for one and most will Strongly recommend inspections." We did all of those things to try to protect ourselves!

We did use an agent to buy our home - she was the "transaction" agent because she was the selling and buying agent. We did trust that she knew what she was doing because although she is fairly new - she was working closely with her agent/broker she works for - he has been in the business for 20+ years (but we found out just recently - in the last few days - that he is good friends with the sellers which we didn't know at the time of the purchase).

thank you so much for your advice...please keep it coming if you don't mind...

It sounds like this is a job for an attorney. In the future make sure you get your own agent. Don't just call the sign- you need representation.

You might start our by calling the real estate commission. Although this agent wasn't looking out for your best interest, she is required to disclose certain things to you. That would be a place to start- that doesn't cost you money.

In all honesty, you did not use an agent. When you have a transaction agent, also known as dual agency, neither you nor the sellers had any representation. She just facilitated the transaction.

How does that work? Well, an agent owes their client 6 fiduciary responsibilities - honesty, full disclosure, confidentiality, accounting, obedience and care, skill and due diligence.

When an agent has both sides, as in your case, they cannot provide full disclosure and confidentiality, so they basically "sit the fence". Had you had your own buyer's agent, I suspect things would have gone quite differently.

For starters, your buyer's agent would have wanted the very best house for YOU. This transaction agent wanted both sides happy, either from a genuine standpoint or a money standpoint, or both. (She got double the commission, I assume you already know). She wanted you to get a great house BUT she also wanted the sellers to sell their home.

When you contacted the listing agent regarding her listing, she already had a standing relationship representing the seller. When you came along, she actually legally should have pulled her loyalty to the sellers, gotten up on that fence post (transaction agent) and watched from above making sure all paperwork was filled out correctly.

What you and the seller then lost was neither of you were advised or advocated for properly. She could not advise or advocate for you because that would go against the seller. She could not advise or advocate for the seller because that would go against you.

There are 2 people that won in this situation and you weren't one of them! This is definitely time for your attorney to get involved.

Also let me ask- was this inspector recommended to you by anyone on the other side, or did you find them independently?

Also, as stated above, that agent had a responsibility to disclose all known defects about the home to anyone, and she may get in legal trouble now that she obviously did not.

Be sure to share with all your friends that the best course of action is to have your very own agent, working solely in your benefit, at least through the offer writing, negotiation and inspection process. Some listing agents pay additional agents a referral fee to come in and represent the buyer in situations such as this.

Keep in mind that all states differ on their exact wording of rules and regulations, so consult an attorney immediately.

Good luck!

"When you have a transaction agent, also known as dual agency,"
That's a new one for me. I don't know of any state where you can substitute the word "transaction agent" for "dual agent/agency".
I don't think the agent has done anything illegal, until proven otherwise.
Get a RE attorney asap.

Pikes Peak - you are right - brain freeze on my part. Transaction agency is not dual agency, it actually is even LESS representation than dual agency.

My dad is an agent in the KC area and he has a choice when the situation comes up, and he prefers transaction agency. Just do the paperwork.

If the agent knew about any of those defects and knowingly did not inform potential buyers, she may held liable. I sure hope for her sake that she has documentation of the history of the transaction.

I don't believe she knew of any problems with the property. We were working with her when this house came up for sale through her office (specifically through the agent/broker she was working with). They shared the commission but she did all the work for the transaction.

She seems to feel very bad about what is going on but she is also not being any help!

We got the name of a few RE Attorney's from friends of ours and based on a few of your replies we are going to consult with one to find out what we should do next.

There is one other place you may get some help. Report the issue to FREC (Florida Real Estate Commission). If they find that the Agents acted improperly, you may be elegible for financial redress from the recovery fund. By all means contact FREC. The office is Orlando.

thanks flrealtor1. I don't think our agent did anything wrong, but I do think the agent she was working with/under did. In fact, she talked w/ him about our situation and he adviced her to "hang up" if I called again and also "the deal is sealed, we don't have any business with them anymore".

I understand that. But it still appears to me, as an outsider, that someone didn't do their job!

I still suggest you call FREC. They will, I believe give you some badly needed and deserved help.