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Does my realtor have a legal responsibility to disclose ?
We bought a house and moved into Jan 3. That night the furnace went out. It was high efficiency furnace in attic. Condensation and freezing caused to stop. Roof also needs replaced sooner than we were led to believe. Had 4 HVAC pros say to replace it. Shouldn’t our realtor made us completely aware of the problems?
Asked By Ylanza Stockweather | Mackinaw, IL | 57 views | Buying | 1 month ago
Answer(4)
Julianne Clark / Your Lowcountry Compass
Charter One Realty
First question -- did you have a home inspection? Second question -- were you working with a Buyer Agent representation or using the Sellers agent? A home inspector would have given you a snapshot of the property, its mechanicals and life span as well as repairs that will be need now and future. That inspection can be used to ask the property owner to make repairs prior to your purchase. If you were working with the Sellers agent as a customer or in a dual agent situation -- they were not really your representative. I understand your frustration. More details are needed. A Realtor is not licensed home inspector and can only relay what they know to be facts.
- 1 month ago
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Anne Kofsky
Coldwell Banker
Did you have a licensed home inspector? Did you know the age of the furnace when you purchased the home? Were you at the home when the inspector looked at the house? Was a home warranty suggested?
- 1 month ago
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Louis Parrish
United Real Estate Specialists
Realtors are obligated to disclose known material defects.
- 1 month ago
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Not familiar with real estate law in IL, however in Maryland and Delaware where I am licensed as an agent (not an attorney), you need to be aware of what the material facts are. As an agent, if you see something you must disclose it. If the homeowner tells you something but does not disclose it on the property disclosure, the agent is bound to pass that information on to the prospective buyer. Part of what you’re describing is: homeownership. Things can and will happen at any time. And, it’s been a particularly cold season which is causing all sorts of mechanical and electrical systems to act differently (or not at all). When you were in the buying process did you get a home inspection? If so, it should give you the condition and age of the systems. With this knowledge, and having a qualified contractor go through any known issues as a result of the inspection, you should have a solid idea on what’s going on in the house. I understand that is a frustrating, costly and probably freezing cold experience. But unless the Realtor working for you withheld information from you (which they cannot ethically do), they are most likely not liable. Refer back to your sales contract, inspection agreement and report and review limitations. Good luck!
- 4 weeks ago
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