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This sucks

kingbee

Monkey
Mar 29, 2004
902
0
Ohio
What better place to come and vent than here? Any Attorney/lawyer or real estate savvy monkeys please read. Skip to the last paragraph if you want the summary...

My wife and I just purchased a house in February. In the home inspection the guy found quite a bit of mold in one corner of the basement. At that time the inspector told us "its probably just the down spout leaking into the ground. In the spring work on shedding the water away from the home and eventually it will go away".

Flash forward 2-3 months. We start seeing more mold in a few areas in the basement. Water has come in the basement in one area in heavy rains.

So we have a water proofer come in and look at the basement. He quotes $9,000 to do an internal system on TWO of the walls. (half of our basement is finished, he didnt seem concerned about water on the two finished walls). We sign a contract with the guy thinking that we will have to get this done one way or another. And also "how much different could pricing be from one guy to the next?"

A few days later we find out that the sellers should be liable for paying for all this. They checked "NO" on all three areas on the homes disclosure about water damage or seepage in the home. So I have 2 more places come in to quote fixing the basement. They both quote under $6k for ALL 4 WALLS.

Now Im screwed because if I send a letter to the sellers with a $9,000 quote and sub $6,000 quotes, they are going to go for the less of them. But we signed the contract for the $9,000 job.

Now the $9,000 contractor is saying if we back out we owe them 1/3 the bill. The info I have gained from a contractor attorney is that he has never heard of that.

So, I'm caught in a bind with the original contractor because I want to get out of the contract. He says he wants 1/3. I want the sellers to pay up, but they are going to pick the least of these if they even will help at all. Im trying to find a real estate attorney right now to help me out in getting the sellers to help. But I havent found a attorney to step up.

I just want my basement back to normal and to move on with my life. :rant:
 

dan-o

Turbo Monkey
Jun 30, 2004
6,499
2,805
I'm not an attorney but I am a contractor.

A few comments:

1. One estimate? Dude.
2. Are the quotes for the same level of work? Is the $9k fix more involved (labor or materials) than the $6k fixes?
3. Unless the contract you signed specifically outlines the 1/3 cancellation penalty tell the guy to beat it. If you gave a deposit up front to 'get on his schedule' (dude....) then you can kiss that goodbye.

I have written contracts with all my customers. I usually lose a handful jobs per year due to people flaking out in one way or another and never force the issue. Who wants to start a job where you're not welcome?
4. your home inspector gave you really, really bad advice.
 

kingbee

Monkey
Mar 29, 2004
902
0
Ohio
What does the contract say? Specifically in the section regarding termination of the contract?
Contract says you have 3 days to cancel. But it says nothing about any penalties if you cancel after the 3 days. The contract doesn't have a start date for the job either. So they cant say the job has to start at any specific time.

From what I have heard they could possibly come back at us for damages. All the supplies they have for the job they use for every job. So it will be difficult to get us to pay for that. Really the only other costs they have are for permits and such. So whats that...a couple hundred bucks? We put $250 down, so we will most likely loose our down payment.
 

kingbee

Monkey
Mar 29, 2004
902
0
Ohio
I'm not an attorney but I am a contractor.

A few comments:

1. One estimate? Dude.
2. Are the quotes for the same level of work? Is the $9k fix more involved (labor or materials) than the $6k fixes?
3. Unless the contract you signed specifically outlines the 1/3 cancellation penalty tell the guy to beat it. If you gave a deposit up front to 'get on his schedule' (dude....) then you can kiss that goodbye.

I have written contracts with all my customers. I usually lose a handful jobs per year due to people flaking out in one way or another and never force the issue. Who wants to start a job where you're not welcome?
4. your home inspector gave you really, really bad advice.
I hang my head and respectfully take a slap upside the head for all the "dude" issues. Ill chalk that up to inexperience and being naive. We just went with it because he took 8% off if we signed right then, it was almost a grand. Like I said, I figured how far apart could several places be?

No, every estimate is for the same exact thing. The original contractor came back and said $13k for the entire basement. $7k more than the other two contractors.

Ditto about the home inspector. He could have at least told us to get someone else in to look at it.
 
Sep 19, 2008
67
0
Central Alamance County
Did you purchase a home warranty, if so it will pay. I doubt the seller has any responsibility if the deal is already closed, they would have prior to closing. HO insurance may offer some assistance as well. Contractor will not refund the deposit, 8% off to sign today is an old trick! You are not tied to the contractors deal especially if work has not been started.
 

buildyourown

Turbo Monkey
Feb 9, 2004
4,832
0
South Seattle
The contract doesn't mean anything. What's he gonna do, sue you? Not worth his time or money.
Also, home inspectors, for the most part, are idoits. I wasted hundreds of dollars on 1, just like verybody else. 6 years later, I now know that the roof was installed wrong. Big $$$ for me.
 

kingbee

Monkey
Mar 29, 2004
902
0
Ohio
Did you purchase a home warranty, if so it will pay. I doubt the seller has any responsibility if the deal is already closed, they would have prior to closing. HO insurance may offer some assistance as well. Contractor will not refund the deposit, 8% off to sign today is an old trick! You are not tied to the contractors deal especially if work has not been started.
Home waranty does not cover water damage from seepage. It really only covers things like water heater, AC, sump, etc. If we were getting water damage from a failed sump it would be a different story.

HO said that since its a ware & tear type issue they wont cover.

Insurance & warranties are scams also.