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  1. #1
    Join Date
    Nov 2007

    Default Broken Contract Between Myself and a Realtor Company

    My question involves real estate located in the State of: Kentucky

    The reason I was asking, is because we purchased a home in March, we did not get a home inspection. On the disclosure form, it stated there was nothing wrong with the windows (along with several other things that were not correct). The windows had a glue gun taken around the edges to keep the windows shut and to stop water from coming in when there were no glue on them, we found this out the hard way when we tried to open our windows. I contacted our realtor (Semonin) and she (Angela) told me (I have emails of our conversaion) that to try our home warranty people, and if they do not pay for it, that Semonin will pay for the windows. I contacted the warranty company, they said windows were not covered on our warranty. So I contacted Angela (Semonin) back, and she then told me to send her an estimate so she could send it to her legal department to get them put in. I faxed her an estimate from Window World for $1028. I contacted once and she said she has not heard anything back from them, and the next time I contacted her, she told me that she has moved to another company and refered me to someone else in semonin. I contacted this new person whom was her manager, and she told me that Angela should not have said that, and they are not going pay for the windows, and that I need to contact the seller, if we cant work anything out with the seller, then try the home inspection, if not with that then I should take the seller to small claims court.

    Is this considered a breach of contract between myself and Semonin? We had an agreement stating in writing (emails) that these would be paid for if the home warranty company would not pay for them, and now they say they (semonin) are not paying for them and we need to speak with the previous owner. Do I have a case?

    Thanks! And love the site, keep up the great work!

  2. #2
    Join Date
    Jan 2008
    Toledo, OH

    Default Re: Broken Contract Between Myself and a Realtor Company

    What does your actual contract with the realtor say?

    I know that mine explicitly stated that the realtor was not responsible for anything wrong with any house we might choose, it was incumbent upon us to get the house inspected, then the realtors would help us work with the sellers to get any problems resolved.

    There is a reason homebuyers are told to get the house inspected immediately upon acceptance of your offer. This is the reason.

    Your grievance is with the previous owner. Since you did not have the home inspected prior to closing, however, expect a hard fight.

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