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,

 

Trying to find closure

 

Dear Bloggers,

 

“This wasn’t supposed to happen! Tell me why this has happened!” These are the spoken words of countless bereaved parents and boy or girlfriends that had a great day out in the old town of Brugge. Travelling by ship to the main land of Belgium. Townsend Thoresen was well known by lorry drivers and regular travelers that numerously crossed the channel with these ships throughout numerous years mostly foot passengers travelled for one pound due to an ad in The Sun — a never-ending and always present wound in the Souls of those who have buried their loved ones. After nearly 38 years, I returned to the place where the disaster with the Herald of Free Enterprise occurred. And the moment will never leave your brain many first responders have still some mental scars from this.

 

Disasters such as hurricanes, earthquakes, transportation accidents, or wildfires are typically unexpected, sudden, and overwhelming. For many people, there are no outwardly visible signs of physical injury, but there can be nonetheless an emotional toll. It is common for people who have experienced disaster to have strong emotional reactions. Understanding responses to distressing events can help you cope effectively with your feelings, thoughts, and behaviors, and help you along the path to recovery. And we are easily forgetting about the rescue teams that have to live with all the things they have seen and heard. The endless sounds of sirens and alarms that are going of constantly. These memories are hard to deal with for many and some of them cannot cope afterwards and get mentally stuck and some even take their own lives.

What are common reactions and responses to disaster?

Following disaster, people frequently feel stunned, disoriented or unable to integrate distressing information. Once these initial reactions subside, people can experience a variety of thoughts and behaviors. Common responses can be:

• Intense or unpredictable feelings. You may be anxious, nervous, overwhelmed, or grief-stricken. You may also feel more irritable or moody than usual.
• Changes to thoughts and behavior patterns. You might have repeated and vivid memories of the event. These memories may occur for no apparent reason and may lead to physical reactions such as rapid heartbeat or sweating. It may be difficult to concentrate or make decisions. Sleep and eating patterns also can be disrupted—some people may overeat and oversleep, while others experience a loss of sleep and loss of appetite.
• Sensitivity to environmental factors. Sirens, loud noises, burning smells, or other environmental sensations may stimulate memories of the disaster creating heightened anxiety. These “triggers” may be accompanied by fears that the stressful event will be repeated.
• Strained interpersonal relationships. Increased conflict, such as more frequent disagreements with family members and coworkers, can occur. You might also become withdrawn, isolated, or disengaged from your usual social activities.
• Stress-related physical symptoms. Headaches, nausea, and chest pain may occur and could require medical attention. Preexisting medical conditions could be affected by disaster-related stress.

How do I cope with this?

Fortunately, research shows that most people are resilient and over time are able to bounce back from tragedy. It is common for people to experience stress in the immediate aftermath, but within a few months most people are able to resume functioning as they did prior to the disaster. It is important to remember that resilience and recovery are the norm, not prolonged distress. There are a number of steps you can take to build emotional well-being and gain a sense of control following a disaster, including the following:

Give yourself time to adjust. Anticipate that this will be a difficult time in your life. Allow yourself to mourn the losses you have experienced and try to be patient with changes in your emotional state.

Ask for support from people who care about you and who will listen and empathize with your situation. Social support is a key component to disaster recovery. Family and friends can be an important resource. You can find support and common ground from those who've also survived the disaster. You may also want to reach out to others not involved who may be able to provide greater support and objectivity.

Communicate your experience. Express what you are feeling in whatever ways feel comfortable to you—such as talking with family or close friends, keeping a diary, or engaging in a creative activity (e.g., drawing, molding clay, etc.).

Find a local support group led by appropriately trained and experienced professionals. Support groups are frequently available for survivors. Group discussion can help you realize that you are not alone in your reactions and emotions. Support group meetings can be especially helpful for people with limited personal support systems.

Establish or reestablish routines. This can include eating meals at regular times, sleeping and waking on a regular cycle, or following an exercise program. Build in some positive routines to have something to look forward to during these distressing times, like pursuing a hobby, walking through an attractive park or neighborhood, or reading a good book.

When should I seek professional help?

If you notice persistent feelings of distress or hopelessness and you feel like you are barely able to get through your daily responsibilities and activities, consult with a licensed mental health professional such as a psychologist. Psychologists are trained to help people address emotional reactions to disaster such as disbelief, stress, anxiety, and grief and make a plan for moving forward. To find a psychologist in your area, I did work on myself over more than 35 years. Lately I went for psychological help and I went back to where it all happened. 37 years after there are hardly any traces left of the things that have been printed in my brain forever. The night before I went there my brain was going back to the dark and cold night on the 6^th of March.

The searchlights in he sky and the screaming and crying people in the helicopters and ambulances. The Belgian army guys and firefighters and the Red Cross people who all worked with everything in their powers. It was like a bad and totally crazy movie in my head and I was in doubt if I should go there. Somehow there was something that calmed me down and told me this will bring you towards closure.

It will still take some time before I can say this is over. 

Although slowly but surely I will get there.

 

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,

 

Moving house and moving town

Dear Bloggers,

My blog has been on pause for a couple of months due to the fact that we have moved to another town in the North of the Netherlands. We finally sold our property and we moved in to a smaller city home which needs more then a bit of work. But our lives became a bit easier for my spouse and we can afford the price of it. The sale went pretty quick and we had only little time to move on and find us a new place to live. So we are still struggling with the refurbishing process.

Let me take you back about 40 years in time. The house I grew up in had a pretty limited square metres, something I notice every time I visited my parents. The living room is very small and the kitchen is pretty tiny as well.Anyway it was tiny but it was very cozy.

I grew up there with my parents and two older sisters and an older brother. There were also periods where kids who were in the middle of divorce troubles at home and they found a loving and caring home at my mother’s place and my dad had a pony stable and they were to us something like “younger brothers or sisters that just lived with us, too. It was cozy at times, to say the least.
Yet, when I look back on it, I don’t have any bad memories of living there. I don’t recall any situation where things were made uncomfortable due to the smallness of the house. There was always somewhere I could go for privacy. There was always enough room to do things together as a family..

The house we lived until last week was much larger, but the story is much the same. I lived here with my wife and we have two children. I don’t have any bad memories of living here, nor is there any situation where things are really uncomfortable. There is always room for privacy. Only problem was that I could not feel at home here as the house was new and had no charisma according to me.

So, why the bigger house? What does this bigger house provide me that the smaller house that I grew up in doesn’t provide for me? Honestly, the biggest benefit of a larger house is that it provides a lot of room for more stuff. This house offers storage attic, a garage with a huge amount of storage, and big rooms with plenty of room for storage-oriented furniture (like bookshelves).
Naturally, when you have storage space, you tend to fill it. We’ve lived in this house since 2003 and, in drips and drabs, we’ve slowly filled up that storage space.
 

Recently, however, I’ve been thinking more and more about the house I grew up in. In some ways, it’s actually not all that different than the house I’d like to retire in, except with perhaps one more nice room to entertain guests in and a slightly larger kitchen. I would even consider moving into the perfect smaller house right now, even with growing children, And I think that we have found the right one.

So, why would I even consider downsizing? For me, it really comes back to two key things.

That connects to the reason, which is that maintaining a larger house takes more time. It takes more time to clean. There are more things that can break and need to be fixed. There are more things that simply need attention. And since my wife got ill a smaller place is easier for all.

Another reason: The property taxes are higher. The insurance is higher. The maintenance costs are higher. Sure, it’s theoretically growing equity at a faster rate, but that doesn’t help with out-of-pocket costs, and I’m not convinced at all that the growth in the value of the house makes up for the much higher insurance costs and maintenance costs and property taxes.

In other words, living in a smaller home means lower housing bills and more free time, both of which sound appealing to me.
Some people view their homes as a status symbol.
Having a big house is not the sign I look for to indicate to myself that I’m successful. I look at other things. Am I engaged in work that I enjoy? Do I have time for leisure and relaxation? Do I have a good relationship with the people closest to me? That, to me, is success.

Because of that, I don’t feel an external need to own a large house. Several years ago, I did, hence the purchase of our current relatively large house. That sense of a house providing an internal or external sense of status has faded greatly in my mind and, with it, the driving desire to own a large home has faded as well.

Finding the Right Balance

So let’s say I was actually in the market to buy a smaller house. My intent would be to buy this new house, sell our current house, and pocket the difference in value, then enjoy the lower bills and lower time investment. Makes sense, right?

The first problem that pops up is finding the right size. I’m obviously open to a smaller house, but how small?

The challenge that’s left, then, is to deal with the stuff we’ve accumulated over the years in our current home. The boxes in our closets. The furniture in rarely-used rooms. The loft and the shelves in the garage full of all kinds of items.

 
What do we do with all of that stuff?
Closets need to be emptied out and organized. This actually includes a lot of different categories of things, so let’s look at each of those categories.We need to shred old papers. We have several boxes of old papers that simply need to be shredded. At this point, electric bills from 2009 serve no real purpose, especially since we have digital copies of those things. They simply need to be shredded and properly disposed of, which is itself a sizable task.
We need to honestly evaluate our lesser-used items. Almost every closet in our home is full of items that we rarely use. This is a tricky problem because it’s so easy to envision uses for those items, but the honest reality is that we rarely – if ever – use those things.

The challenge, then, is to break through the visions of using the items to the reality that we don’t actually use those items, and that can be trickier than it sounds.

We need to smartly organize the stuff we’re keeping. An unorganized space means that stuff takes up more space than it otherwise would and/or some things are not easily accessible. A well-organized space means everything takes up minimal space while still being easily accessible. Our closets and other storage spaces tend toward the former, unfortunately.

Once we figure out what items we’re actually holding onto, some serious reorganization of our closets and storage spaces need to occur. Things like temporary shelves, wire racks, clearly-labeled boxes, and so on are definitely in order. Think of it as a proving ground of sorts for the concept of having a smaller home.


The idea of moving – and losing such close access to those things – is something that none of them enjoy. I personally don’t have anything that ties me to this location nearly as much, but my family’s needs are pretty important to me.

Second, there is no additional reason to move beyond the time and money savings from a reduced house footprint. We have no reason to move for work. We have no reason to move for school. We have no reason to move for social reason. We have only a real reason to move for improved access to help for my wife. Our new and current location is pretty good in all of those regards.

While I think a smaller home would definitely hit a somewhat sweeter spot, when I compare our home to some of the much larger ones that are in some of the newer housing developments nearby, our home seems pretty modest by comparison. Our energy bills are what I would consider quite reasonable (especially compared to what we paid when we first moved in) and our property taxes and insurance rates aren’t going to improve drastically unless we move much further away from nearby cities.

Finally, it’s honestly going to be a lot of work and we’re already pretty time-strapped. This is more of a “resistance” thing than a real reason for not moving, but without a compelling reason to move forward on it, this kind of “resistance” is powerful at holding a person back from making a move.
So, if the decision is essentially made for us to downsize, what’s the benefit of even thinking about it like this?

 

Well, first of all, no one’s life is guaranteed to ever be the same forever. Over time, many of those factors that work against moving into a smaller home are going to shift and move us toward a smaller home. When our children grow older and leave the nest, many of the factors that encourage us to stay in this house are going to shift and encourage us to downsize. It’s also good to have a smart plan in place if we ever need to downsize for financial reasons or for other personal reasons.

No we have moved and I look back to my younger self, and we bought a smaller house, I’ve sat down and bought
something just a bit smaller with a totally different layout.

 

That house would cost less. It would have lower property taxes and lower insurance. It would also require less time and effort for maintenance. And I wouldn’t actually lose any genuinely useful living space.

Would I listen? Probably not. What I would hope for instead is that I would give more careful thought about my home purchase and what we really needed, which in the end is the purpose of this post.

If you’re considering a home purchase, give some thought to a home on the smaller end of the spectrum. A smaller home will save you money and save you time and it’ll likely not reduce the living space you use every day.

Good luck it will be your choice anyway



The Old Sailor,

Men and Women are not that different

Dear Bloggers,

It took me a little while to write a story again as there have been a lot of things going lately in my life and this can make it pretty hard to sit down for a while and relax and get the brain going on and find a suitable subject to spread my thoughts on the net. This time I made the choice about the friendships between the guys and girls, well according to me there are not that many differences although I think that most women are a bit more tactful in their answers and men have more often a stronger opinion about difficult issues.

Women surprise themselves regularly about the fact that men can settle a big fight with a beer, a men's night which consists watching football, poker, a game night or going out to the pub, important events are superficially informed towards the other guys, and so we can still go on.

Men are amazed about the women; why every single event needs to be told in detail as it can be done in two minutes? Why are women being so difficult in this and remain stuck in that one remark made by that one friend? Why must everything be so over analyzed?

Are there real differences between the friendships between men and women, or is it most based on prejudices and stereotypes? To me one thing is clearly. Men do more physically and talk less. Women find talking just more important than sharing their hobbies. The emphasis is on friendship between women therefore more based on intimacy and openness, while men believe more in things as status and physical fitness being more important.

This would be a confirmation of the stereotypes: by itself being men and talkative women.

But is this so, is there really so much duality? There are hundreds of studies on gender differences put together in a meta-analysis, and there were still be some other results coming forward! They looked at the differences in language and feelings and guess what? Men and women were not as different as we previously were thinking. The conclusion is that men and women normally are psychologically seen the same. This rule has some exceptions, but these exceptions are not important in terms of friendships. What is particularly relevant for friendships is how easy intimate and frank a person with another person speaks. And about this fact, there were precisely these supposed men and women differences. But there appears to intimacy and frankness there is only a very small gender difference. Women were found "showing a little something more" of themselves than men.

How is it possible that friendships between the two sexes still are as different as the needs for intimacy and frankness on both sides is present? The answer is simply that we focus too much on the differences between them, and they will be made much bigger in mind. With the result that the idea that we have on men friendships and women friendships would be different from the reality. Conclusion: We are brought up to think in stereotypes. Silly isn’t it?

Mostly studies that are done about these subjects are build up with questions in which people are asked how they would describe their friendships. And because this is such a general question, we can not but give a general description, or fall back on the idea that we have about it. And that idea is influenced by stereotypes.

The idea that there is a totally different between those friendships is a myth. It is often culturally rooted and we get to hear things now and learned at once from childhood. It is in fact a story that we tell each other about how it works and how it should be. And because we tell it, it occasionally will be true. Conclusion again: Yes we are brought up to think in stereotypes.

"If people define situations as real, these situations have real consequences." The only differences in male and female friendships because we believe that they exist. Furthermore, we are all like friends alike. This is what the American sociologist William Thomas said already in 1928.

In the end we are physically different but mentally quite the same.

The Old Sailor,