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TerrySumpter

Deliberate extreme Damage during viewing

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This question relates to inappropriate and excessive damage caused to my house by potential buyers and or the ‘buyers realtor’

 

Following an offer that was accepted on my house the buyers Inspection guy thought there were ‘pointers’ indicating the possibility of Chinese drywall in the house, accordingly the contract was extended to allow for it to be air tested etc which came back negative, the buyers were still were not happy and wanted to test further by taking drywall samples for which we both agreed to pay 50 - 50 and again it came back as negative so all was fine none of the samples professionally taken and lab tested revealed Chinese drywall, then they wanted a further inoquous test to check the electric light switches , which switches activated which lights etc (apparently) so we again gave them a further week and this is where it really became problematic.

 

It seems that one of the realtors gave them access and then left them unsupervised access during which they cut LARGE (reported as in excess of 24” square, some up to 36”) holes out of many walls (and this is a large house) also severed ‘pest tubes’ within the wall void.

 

It was then agreed that we would withhold the escrow deposit or a potion of it to make the repairs, it seems as though they have now withdrawn on that but have offered $50k less than the agreed price ‘as is’ to complete the sale.

 

They said apparently that they wanted to further check for Chinese drywall (even though the ‘official’ tests were negative) it seems as though they cut all these holes out themselves to check the rear of the drywall all negative of course.

 

Clearly there are liabilities here, them, their realtor, maybe our realtor and so on can you advise.

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Forgot to add .... all doors were then left unlocked, access to pool from outside was not secures, lights left on etc etc etc .... my own realtor (listing agent) lives coincidentally about 1/2 mile away in same development did not visit the property following that so called viewing ... I was on vacation in Australia and my ex wife (co owner) legally blind clearly cannot drive both pieces of information was known to our realtor ... surely a breach of his 'duty of care' in accordance with realtors ethics code.

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You most obvious cause of action is against the people that actually cut the holes in the wall.  You can, of course, try to drag everyone else into it.

 

Can I assume the buyers backed out of the deal? Was there earnest money paid and is it still being held?

 

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Yes we have earnest money in escrow $5000... since my last message it seems that a company of home inspectors were involved (although I cannot believe a prof. Company would do that) they initially insisted that sellers agent was there and authorized it, now known and admitted that that was not accurate, it seems that the buyers agent orchestrated and the buyers father also present was ‘mistaken’ as sellers agent (yeah right !) ... not withstanding all that the inspector insists he had written authority (not yet produced) that was signed buy seller, ie me ... not so, there has never been any authority, I suspect (being the mistrusting type) that the father or agent purported in some way to be in a position to make such an authorization ... a real can of worms but still cannot acertain who is culpable ... yet ... but the field is narrowing.

thanks for your input I really appreciate it.

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Get yourself an attorney. Neither your realtor or the buyer's realtor nor any of the inspectors or contractors are going to take responsibility for any of this unless you put their feet to the fire.

 

Get a contractor to write you an estimate to repair all the damage. My guess for the drywall repair, taping, texturing, and paint it's going to eat up that $5000 real fast.

 

 

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