Home Defects: Sue the Seller, Agent, or Property Inspector?

  

Dear Bloggers,

 

A few months ago, we bought us a new home and yes, we were aware of the fact that this was not a new house. In my opinion a homeowner should look after his property. This is the thing that is occurring as the former owner has laid back in his chair and keeping up with the house that needs some work was not his thing.

Our home came with some unhappy surprises like leaks, cracks, broken mechanical systems, and other defects, the fiscal responsibility might not be ours alone. According to the lawyer we have hired for this case.

What if something was wrong with your house at the time of purchase and someone, the seller, the property seller's real estate agent, or the inspector could have or should have told us about it, but didn't?

Such problems can become known days, weeks after the sale, leaving you angry and wondering whether you really must shoulder the entire financial burden.

In such cases, you might be able to ask the responsible person to pitch in and take the matter to court if they do not. Ideally, you'll be able to resolve matters without filing a lawsuit suit.

Minor Home Defects or Natural Aging Aren't Grounds for a Lawsuit. We knew when we bought the house that it wasn't in a perfect condition. Some problems, such as a crack in the front walk, A window frame that was rotten these things were obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In our country laws require home sellers to disclose all "material" defects to prospective buyers.)

 

Our home inspector, we had to hire one to get a mortgage also told us about a few foreseeable problems.

Then after the sale, our home probably continued its normal process of aging and decaying, leaving us to deal with the consequences. None of these sorts of issues provide any grounds upon which to run back to the seller to complain.

Will your insurance company cover the damage? If so, there might be no need to act on your own.

 

Could the Home Seller Be Held Legally Responsible for the Undisclosed Defects?

Even if you think you've been wronged, you can't sue everyone involved in the sale of your home. The home seller is the first one to consider, of course.

As mentioned, nearly every country in Europe has laws requiring sellers to advise buyers of certain defects in the property, typically by filling out a standard disclosure form before the sale is completed. (This responsibility remains even if you bought the house "as is.")

The form usually asks the seller to tell whether the property has certain features like appliances, a roof, a foundation, systems for electricity, water, and heating, and more and then to rate or describe their condition. Disclosure laws are more comprehensive than others, and if a feature isn't on the list, the seller might not be required to speak up. Also, the seller isn't usually required to scout out problems.

If there's clearly a place on the form where the seller should have stated a problem but denied it, your job is to try to figure out whether the seller in fact knew about it. For example, if the seller patched over or hid problem areas, or if the neighbors have told you about the seller's efforts to deal with a problem, the evidence is on your side.

Could the Seller's Real Estate Agent Be Held Legally Responsible?

Sometimes' laws make sellers' real estate agents liable for failing to disclose problems they observed or were told of by the sellers, though often their duties are limited.

Could Your Home Inspector Be Held Legally Responsible?

Hopefully, we are as the bank asked us for getting a home inspection report done before buying. In theory, the inspector should have spotted problems that the seller wasn't aware of or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.

We read over your inspection report to see what it said about the area in question. Some buyers are embarrassed to find that the problem is spelled out right in the report or falls within an area that the inspector rightfully excluded from the report (such as a blocked off or inaccessible area). In our case the crawl space was not accessible because it was full of water and gave off a fierce dank smell. As a result, the inspector could not figure out if the utilities were in working order located in the crawl space.

But in other cases, the inspector did not meet basic standards of professional competence. This is the reason our lawyer is hiring an independent building inspector and maintenance expert. And who will hopefully be able to get a clear picture of the stated defects that are being denied by the seller.

Do You Have a Solid Case?

Once you've figured out the possible responsible parties, you'll want to know whether their action or inaction might entitle you to compensation. If your situation meets the criteria below, you might have a good case. We've collapsed a few legal principles into this list, but it will apply to most situations in most U.S. states.

• The defect was there before you bought the home. 
• It's not an obvious defect that you could have seen yourself before buying. 
• No one told you about the defect before the sale, or someone actually lied to you about it. 
• You relied on the lies or nondisclosures. 
• You've incurred monetary damage as a result. 
• You're within any appropriate deadlines.

 

Even if you think you meet the above criteria, remember that in an actual lawsuit, it will be your job to convince a judge. Hence the more evidence you can start gathering, the better. We are trying to avoid a lawsuit as there is quite a cost involved. Still if the seller continues to resist and deny like this then there is probably little choice but to take it to court. Writing the letters is difficult and this has been dragging on for several months now. Hopefully, the courts will provide clarity, and we can move forward with realizing our own little palace. We have not lost hope and hope for a good outcome.

You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage. Or the court might award reimbursement of attorney's fees as part of your damages.

Waiting for better times.

The Old Sailor,

 

Selling your home can be pretty stressful

 

Dear Bloggers,

 Yes we are moving again and our house is for sale at the current time. And no we did not find a new place yet although we are having a Plan B to live somewhere in a holiday park for the time in between homes. We did a lot of work to make it our forever home and yes we succeeded pretty much. There are some points that still need attention for example the bathroom needs to be redone to make things more into todays color schemes. That is something for the new owners to do. Our house

 

Our current home is for sale 

Selling a home can be stressful from start to finish. There's so much riding on a home sale that many homeowners spend the time selling their home sitting "on pins and needles," as they say. It's hard not to worry. From the moment that a home is put up for sale, homeowners must ask themselves: what will we do if the home doesn't sell for enough money? What if it takes to long sell? These questions and concerns are valid.

 

Everything outside the house was freshly painted last year by my wife

Fortunately, there are things that you can do to make the home selling process go more smoothly. If you're a homeowner who would like to sell your home sometime in the coming months, you can make the process easier on yourself by working with a professional real estate agent. Below, I've listed the top 10 stressors that homeowners experience when trying to sell their home.

The new staircase was installed

Selling Within the Timeframe

Most homeowners need to sell their home on a deadline. If they can't sell their home by the time their new job begins, or by the time they've started to pay the mortgage on their new property, they could experience hardship that could lead to loss of money. Homes tend to sell quickly at certain times of the year. Putting the house up for sale at a time of year when buyers are looking can help the home sell faster. Homeowners can also help their home sell more quickly by pricing the house right.

 

New powerlines, telephone, gas and also the sewagepipes were renewed

A house that is priced too high for its worth could take a long time to attract the right buyer, and may never attract the right buyer if it remains priced too high. Incorrect pricing can be avoided by working with a real estate professional who understands the real estate market in the area and who knows how to analyze the prices of comparable homes in the area.

 

Selling for the Desired Price

Most home sellers have a target price they're aiming for when they put their house on the market. They often feel anxiety when they wonder what will happen if they don't sell their home for the right price. When an offer comes in below the expected price, this can create feelings of hesitation. Do they accept the offer or not? This is another reason to work with a real estate professional who knows how to analyze the price of comparable homes in the area. 

The rebuilding of the garage after being on fire as the powerlines were not installed according to standards. everything inside was burned. 

A capable real estate professional can help set expectations so homeowners know what to expect when they put their home on the market. Although a real estate professional is not able to predict the future, they can often help homeowners decide what price is realistic, so hopefully the homeowner won't be expecting a price that is much higher than it should be.

 

Handling Home Improvements & Home Selling Preparation

Homeowners often feel a lot of pressure to make their house look "perfect" without really knowing what buyers want. They often put effort into home improvements without knowing whether those improvements will pay off.

 

Homeowners can assuage these concerns by setting up a consultation with their real estate professional before listing their home. Their real estate professional can give them advice that can help them decide what home improvements are most important to do now.

 

The garden has been finished and landscaped this year a costful operation

Fear of Offers Falling Through

Once an offer does come through, it takes a while before the home is officially sold. During that time, the offer can always fall through. Homeowners who are in a hurry to sell their home quickly often feel anxiety that they will not be able to stop the offer from falling apart. A good real estate professional can help with any negotiations that could prevent the home sale from falling apart. An experienced negotiator can help keep buyers interested. Even if their enthusiasm for the home buying process begins to wane.

All the walls have been redone as the former owners only lived here for 40+ Years

Timing the Sale of the Home with the Purchase of a New One

Selling a home and buying a home at the same time can be an especially touchy process. Usually, home sellers want to sell the home shortly before the purchase of their new home is final. Home sellers often feel worry that their home will either sell too soon before the purchase of their new home, or that their home will take a long time to sell after their new home has been bought. Both situations can lead to financial hardship for the homeowner. Homeowners who want to time the sale of their new home purchase properly should work with an experienced real estate professional for both the sale of their old home and the purchase of their new home. Having a partner who can help them at both ends of the transaction can help with the timing.

We had to put in a new kitchen as well as the wooden floor was in that bad condition that you actually could fall through. We now have foam concrete floor with underfloor heating. Best decission i made

Anxiety Over the Unknowns in the Selling Process & Timeline

Lack of control over the selling process and timeline can make some homeowners feel like they're out of control generally, which can lead to overall feelings of anxiety. Homeowners who feel anxiety over the home selling process and timeline should write down a list of questions for their real estate professional at the start of the home selling process to help them feel like they know what to expect throughout the transaction. It's important to find a real estate agent who is a good communicator, who can help the home seller understand what's happening throughout the home selling process. Most home sellers have a greater feeling of control over the selling process if they know what to anticipate every step of the way.

Our diningroom and coffee kitchen counter we had plenty to remodel this to our home.

Being Unsure if Buyers are Interested

Sometimes when a house sits on the market for a long time, home sellers may become concerned that buyers are not interested in their house. This can happen for many reasons. If the house is priced incorrectly, or if the house is not in good condition, then buyers can be hard to bring to the table. Often, sellers find it hard to believe that their home is not attractive to buyers. Sellers expect their house to be attractive to buyers because it is attractive to the sellers. This kind of perspective can make it difficult for sellers to make their home more appealing to buyers. Sometimes, painting a room can be helpful. Other times, the house needs to be repriced. For home sellers, the best way to attract buyers is to work with a real estate professional who can make recommendations for repairs or changes that can bring buyers running.

 

The bathroom stayed in her retro look all the pipes have been checked by a pro, so everything is functional but out of date. 

Handling Negotiations with Buyers

Negotiating with buyers is one of the key parts of selling a home, but many homeowners have little or no experience selling much of anything. This makes negotiating with buyers stressful because most home sellers feel unprepared and unable to handle the negotiations themselves. The best thing that home sellers can do to negotiate with their buyers is to work with a trustworthy real estate professional. It's also important to listen to that real estate professional as they often give advice to sellers. However, it is the seller who is ultimately in control of many of the actions that the real estate professional takes when trying to sell the house. Working together as a team, the real estate professional and home seller can help make the negotiating process better overall.

 

Our backyard and garage we loved to sit outside during the summertime

Difficulty Keeping the Home Clean for Showings

Sometimes, it takes several home showings before a buyer makes an offer on a home. In between those tours and showings, home sellers often spend hours cleaning and staging their house. This can lead to wasted time, stress over keeping the house looking its best, and even fights among people in the household as everyone feels pressure to keep their house looking its best.

For many homeowners, the solution to staging and preparing the house between home showings is to have the house professionally cleaned on a regular basis. Some homeowners will even hire landscapers to cut their grass, water their plants and weed their garden to boost curb appeal. Having professional resources on hand can help reduce the anxiety out of maintaining a home.

 

The Masterbedroom Which is for Dutch standards not to bad.

It's also helpful to work with a real estate professional. A capable and skilled real estate professional can make recommendations that can help homeowners know where to direct their energy when staging their home. This can help homeowners feel some sense of relief that, even if their home is not in perfect condition when home buyers come to see the home, the house is still tailored to the needs and tastes of home buyers. This can help make the experience of preparing for home showings and tours easier overall.

Getting Out of the House for Showings

During tours and open houses, the homeowner leaves their home open for anyone who wants to come in and take a look at their possessions. For some homeowners, doing this can be very challenging. Leaving the home open for anyone to wander in means making the house vulnerable to scrutiny and perhaps even security concerns. This is not easy for some homeowners.

 There are many things that home sellers can do to assuage their own concerns. To begin with, listening to their real estate professional about staging tactics can leave the house seeming less vulnerable overall. Most staging tactics involve putting away personal items that would make the home seem a little less generic and a little more intimate. Not only does this make the house more secure, but it can also lead to bigger offers from home buyers.

In addition, it's also important to work with a real estate professional who will keep a watch over the belongings in the house while the house is being toured by potential buyers. This helps keep the items safe and can even help keep the house itself safe.

 

Our garage and our backyard seen from the sidewalk

Work with a Real Estate Professional

When the time comes to sell your home, the most important thing you can do to make the home selling process easier overall is to work with a real estate professional. Your real estate professional can help you by providing advice and guidance throughout the home selling process, interacting with potential buyers, and by serving as your guide while the house is being sold. 

 

An impression of our groundfloor done by our real estate professionals people

In most of the cases that I know as we have been viewing some new homes for many sellers "...it would make sense to step aside for a little fresh air and let the professionals do their magic."

By working with a real estate professional, you can alleviate much of the anxiety you might feel while the selling process is taking place.

The Old Sailor,

 

 

Being a Homeowner is not always easy

 

Dear Bloggers,

 

We have lived in our house for almost five years and my wife wants to move back to the little village on the lake were we once started as homeowners. The lack of houses is making the market going wild and it got overheated. Although homeowners that want to sell have to bring their prices down as the energy market has become impossible for many Dutch families. Something to consider for the coming years. So we need to hold our horses for a while until they realize that we are not going to buy that far over budget.

new and old situation

How to budget for a new home so You don’t end up house poor.

Before buying a home, figure out how much house you can truly afford, including a budget for maintenance and repairs.

I have discovered that I was house poor soon after we bought this house in 2018.

When I put 10% down on the 300 -square-meters property with a  111-square-meters house in the city of Sneek, Friesland in the Netherlands, a district on the outside of Sneek, I was surprised to find out what we had to pay, which initially was €162.000 on mortgage.

Above the new situation as the hedge was a fire hazard and the garden was fully out of shape.

Heating the poorly insulated home was also more expensive than we thought it would be. To make ends meet, the budget had to be extended as 52-year-old  we had to take out a home equity line of credit.

“I quickly found that I was spending at least half of my small €46,000 income at the time on being a homeowner,” I never tried this before. “It turned into the home owning me, as opposed to me owning the home.”

While buying a home can be a sound investment, it can also become a financial burden. Here’s how to think about your housing budget so that doesn’t happen to you.

Bovenkant formulier

Getting ready to buy a home? Hire a financial advisor that does all the math for you and sees into the fact that there might be extra costs on remodeling the house. Constructional things can cost a lot of money.

Total renovated the entrance hall and the staircase has been replaced

Onderkant formulier

What does it mean to be house poor?

Someone who is house poor spends so much of their income on homeownership — such as monthly mortgage payments, property taxes, insurance and maintenance — that there’s very little left in the budget for other important expenses.

Being house poor can limit your ability to build up retirement or other savings, pay off debt, travel or enjoy life. Yes been there, done that and got the T shirt.

“I did not have the money for going out with my friends anymore, going to restaurants, or enjoying time as a 50-something-year-old.” It was an extreme time to survive “I was selling all kinds of stuff on Marktplaats, trying to make the heating bill payment.

A total rebuild of the kitchen required a new electrical system due to induction cooking

In fact, 28% of recent home buyers say making their monthly mortgage payments will be among their biggest money stressors for the next two years.

Budget before you buy

Before shopping for a home, it’s important to figure out how much house you can comfortably afford, which may be a different number from the maximum mortgage you can get approved for.

“A reconstruction calculator is definitely a good starting point for helping to determine your housing budget,” says Gerrit who is a certified financial planner. “However, they also require that you have a strong understanding of your cash flow today — what income is coming in, what expenses are going out and what amount you are saving.”

On the top picture you see the new electric system on the lower picture the old one

One rule of thumb is that you shouldn’t spend more than 28% of your gross monthly income on housing-related costs and 36% on total debts, including your mortgage, credit cards and other loans. This is 64% in total

everyone’s situation is different, and the rule doesn’t take into account the need to leave room in your budget for things like furniture, as well as maintenance and repairs. Plan for upkeep and upgrades

The cost of unexpected home repairs and ongoing maintenance can take you, in particular, by surprise. Even a house that was in very good condition on closing day will inevitably need some big-ticket fixes over the years.

I realized just after moving into this new home that the roof had a leak and the draining system needed some work. So I got a roofer over to fix the problem and this took about €4000 out of my budget for remodeling.

The old living room 

41% of people who have purchased a home in the past 12 months say their biggest money worries in the coming two years will be affording home repairs and maintenance.

The new living room

Saving 1% of the property’s value is a good starting point for maintenance expenses per year.

But, you may need to scale up to 2% of the property’s value based on the age and condition of your home, ours is from 1966, repairs you have already made, and the life expectancy of housing components like the roof or furnace.

Bovenkant formulier

Onderkant formulier

Tips to avoid being house poor

Even if you plan properly for a home, it’s possible to become house poor if a job loss or medical emergency leaves you unable to pay your bills.

Painting the outside of the house

In 2018, when we decided to purchase a home with my wife, I knew we wanted to do things differently. I Thought that we as a couple bought our “dream house” after living so frugally for nine years that we could pay off our debts and save up a 20% down payment. Even so, we took out a smaller mortgage than we could have qualified for. After two years of renovating our house to a home again we ended up in extra costs of about €100.000 We took the electrical wiring down and rewired most of the house. All the draining was renewed and also the water and gas lines. We took the wooden floor out as it was rotten and got a  foam concrete floor with underfloor heating a total new heater with new high efficiency radiator panels upstairs, we placed insulation between the floors and still there is some work left to do in the coming years.

Soon on our house you might see a sign like this

“When you're absolutely sure you want to live somewhere for the long term, buying a home with the proper down payment and an understanding of the true costs of homeownership can be a great experience,” I am having a bit of experience through the years. “I found that with my third round of homeownership.” And we are getting ready to take step four.

 

Someday, sometime and somehow the new adventure will start soon I hope

 

The Old Sailor,