Mallard Posted July 5, 2013 Report Share Posted July 5, 2013 Last week I put my house up for sale. On the first day it was listed one guy came to look at it twice. After the second showtime I returned home and they were still in the house. So I circled around the block and parked on a side street and could see them in my back yard with the realtor standing in my landscaping poking at my windows. They were in the house for an hour (for a 30 min scheduled showing) so I'm not sure what they were doing. I went to my back yard to find that he had pushed something into the wood window frame and made a large hole that now needs repaired. The wood may have been a little soft, but he would have needed to push pretty hard to cause this. I also found that he had pulled out my clothes dryer and possibly messed up the dryer vent. My issue is that this was a showing, not a home inspection, and now I'm afraid he did more that I have not found. He did not alert us to the damage he caused and many other people viewed the house after (under contract now). If damage is caused during a home inspection the buyer could be held responsible for repair, but during a showing is there any recourse? Is he allowed to do this? Quote Link to comment Share on other sites More sharing options...
LJ Posted July 5, 2013 Report Share Posted July 5, 2013 Last week I put my house up for sale. On the first day it was listed one guy came to look at it twice. After the second showtime I returned home and they were still in the house. So I circled around the block and parked on a side street and could see them in my back yard with the realtor standing in my landscaping poking at my windows. They were in the house for an hour (for a 30 min scheduled showing) so I'm not sure what they were doing. I went to my back yard to find that he had pushed something into the wood window frame and made a large hole that now needs repaired. The wood may have been a little soft, but he would have needed to push pretty hard to cause this. I also found that he had pulled out my clothes dryer and possibly messed up the dryer vent. My issue is that this was a showing, not a home inspection, and now I'm afraid he did more that I have not found. He did not alert us to the damage he caused and many other people viewed the house after (under contract now). If damage is caused during a home inspection the buyer could be held responsible for repair, but during a showing is there any recourse? Is he allowed to do this? Who showed the house your Realtor or his? Contact the broker that was responsible for showing him the house. Worst case scenario you sue him in small claims. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted July 5, 2013 Report Share Posted July 5, 2013 Last week I put my house up for sale. On the first day it was listed one guy came to look at it twice. After the second showtime I returned home and they were still in the house. So I circled around the block and parked on a side street and could see them in my back yard with the realtor standing in my landscaping poking at my windows. They were in the house for an hour (for a 30 min scheduled showing) so I'm not sure what they were doing. I went to my back yard to find that he had pushed something into the wood window frame and made a large hole that now needs repaired. The wood may have been a little soft, but he would have needed to push pretty hard to cause this. I also found that he had pulled out my clothes dryer and possibly messed up the dryer vent. My issue is that this was a showing, not a home inspection, and now I'm afraid he did more that I have not found. He did not alert us to the damage he caused and many other people viewed the house after (under contract now). If damage is caused during a home inspection the buyer could be held responsible for repair, but during a showing is there any recourse? Is he allowed to do this? They are not allowed to cause damage to the home. I would lead with a series of opened ended questions about the showing that would offer him/her the opportunity to share information related to the damage. If at the end they do not, mention to them that you have some concerns and then again, ask open ended questions around those specific points. Quote Link to comment Share on other sites More sharing options...
Mallard Posted July 5, 2013 Author Report Share Posted July 5, 2013 Why be open ended? I should point out that we are not under contract with his clients. Would that change your response? His clients viewed the home once and said they were very interested in making an offer and wanted to visit once more in the evening to write it up. After that my home is damaged, things are moved, and they suddenly think it's "over-priced" and don't want to make an offer. My feeling is that they used the second showing as a home inspection which is inappropriate. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted July 5, 2013 Report Share Posted July 5, 2013 Why be open ended? call it my thing....but I prefer to get more than just a couple word answer. will likely provide you some good insight as to not only what happened but likely good information on the viewpoint of all parties. I should point out that we are not under contract with his clients. Would that change your response? No. I would be interested in the above. His clients viewed the home once and said they were very interested in making an offer and wanted to visit once more in the evening to write it up. After that my home is damaged, things are moved, and they suddenly think it's "over-priced" and don't want to make an offer. I read that as requiring a need for clarity not just necessarily details related to the damage and how it will be handled. Thoughts? My feeling is that they used the second showing as a home inspection which is inappropriate. Perhaps. However, I've been there done that where we looked at a house a second time for me to gather more details on our own. Never caused damage to another home of course, but I did look deeper into the areas of focus that we had. Quote Link to comment Share on other sites More sharing options...
Mallard Posted July 5, 2013 Author Report Share Posted July 5, 2013 I read that as requiring a need for clarity not just necessarily details related to the damage and how it will be handled. Thoughts? I understand the need to view a home a second time, but they never mentioned the damage that was caused, or any other reason besides it's over-priced. The realtor then dug out a comp from over a year ago that was in awful shape and sold for 30k less than our list price, ignoring the 3 homes in the last two months that sold in 3 days at list price in my neighborhood. Perhaps. However, I've been there done that where we looked at a house a second time for me to gather more details on our own. Never caused damage to another home of course, but I did look deeper into the areas of focus that we had. I have too, but it's all things on the surface. I have never felt the need to pull a clothes dryer out from under a countertop in order to look behind it. Or remove foam pipe insulation from my hot water line in the basement (which was also something I discovered the day after). Quote Link to comment Share on other sites More sharing options...
Drewhop Posted July 5, 2013 Report Share Posted July 5, 2013 Open ended questions in my experience force someone to be put on the spot. Lot of times admitting to guilts that I am sure they were fully aware of. Accusing someone puts them on the defensive. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted July 5, 2013 Report Share Posted July 5, 2013 Open ended questions in my experience force someone to be put on the spot. Lot of times admitting to guilts that I am sure they were fully aware of. Accusing someone puts them on the defensive. ^^ Bingo. Quote Link to comment Share on other sites More sharing options...
silverhatch Posted July 5, 2013 Report Share Posted July 5, 2013 nitroussam on here is my Realtor. He knows his stuff and has been in the business at least 20 years. Quote Link to comment Share on other sites More sharing options...
Nickey4271647545519 Posted July 5, 2013 Report Share Posted July 5, 2013 nitroussam on here is my Realtor. He knows his stuff and has been in the business at least 20 years. Ding ding ding. Sam is awesome at what he does. Quote Link to comment Share on other sites More sharing options...
Xyster101 Posted July 5, 2013 Report Share Posted July 5, 2013 I have bought 2 homes in the last 2 years, one was a foreclosure. I will say that I do a thorough inspection on my own. Most people don't know what they are looking at, but I have: pulled off furnace covers Removed toilet tank lids Looked behind washer/dryer/fridge/couches Poked a screwdriver into joists looking for bug damage Tested outlets/wiring Removed electric panel cover Gone on roofs Craweled in crawl spaces in attics Ran all faucets and flushed toilets Why? Because the two houses I bought have had: Massive termite damage. Inspector saw some, but only on some joists Horrid electric work. Wires with masking tape, 3-way switches that don't work. Romex not wire nutted, connections not in boxes Carpet patch under a treadmill Doors that don't shut Leaky plumbing with patches Some of this stuff the inspector missed some he saw. Home Inspections say all over them, "we are not liable for anything we see or miss" They can't be held accountable. So what is the point? I brought in my Father-In law, contractor of 30+ years, and we spent 4 hours going through the homes I put offers in on. Buyer beware. Home owners cover things up to sell a home. People don't know how to take care of a home, they loose interested in maintenance once it is on the market, and they put band aids on stuff to sell it. If this guy poked a hole into some soft wood, it needed replacing anyway. YES he should have mentioned it to you. Why do you care? It is being sold anyway? A small hole will not stop a sale. Quote Link to comment Share on other sites More sharing options...
Mallard Posted July 5, 2013 Author Report Share Posted July 5, 2013 So you have done all of that during the initial showing, not after an offer was accepted and it was time for an inspection? It bothers me because during a home inspection I am allowed to be present or have a representative there in order to address issues that are found. I care because when I have 6 groups of people scheduled to go through my home that day that he is moving stuff around. I actually did not know this window was soft, but the night before it rained very heavily and a birds nest got swept away from somewhere and clogged my gutter, causing lots of water to run down this window just hours before. The window is in my bedroom and this is the first time I had heard water run down like that. I think this contributed to it being soft and I would fix it anyway. Up until a week ago I was going to live in my house forever. It was on the market for 48 hours and it sold. Quote Link to comment Share on other sites More sharing options...
Xyster101 Posted July 6, 2013 Report Share Posted July 6, 2013 I did all this on a second showing of one house and the third showing of another. I did not damage anything and I did make sure to put everything back. I would not want to be present for a Home Inspection as the seller. I would always be on the defense as they pick apart everything. "Your ground is not sloped enough from the home" "You don't have GFCI installed in this outlet" "There is slight moisture in this part of the foundation" "It appears that the soffets need to be repainted" Just let the home inspector make the list and address the issues or knock a few bucks off. The market is hot hot hot in Columbus, so you have the power over the buyer. Yes that guy should not have damaged things, he should have put the dryer back properly and the hole should have been reported to you. Congratulations on contract! Quote Link to comment Share on other sites More sharing options...
Mallard Posted July 6, 2013 Author Report Share Posted July 6, 2013 I'm honestly shocked that you were able to spend 4 hours going through a home during what was supposed to be a showing, not an inspection, and that the realtor with you was allowing you to go through everything to that extent. Taking the electrical panel cover off, or opening to furnace is well beyond what is acceptable at a showing. There's no need to go to a showing with a bag of tools. You are not under contract with that home owner so there's no liability for screwing something up, and you have no license to do that type of work. I'm all for do-it-yourselfer's, but you don't own the home and have no contract. I don't trust weekend handymen opening up my furnace and poking around when it's the safety of my family that could be on the line. Yes, the window had a hole put in it, he pulled the dryer out and possibly screwed up the vent, and for some reason he pulled the foam insulation off some of my hot water pipes. It pisses me off because these are beyond what's typical for a showing and now I'm worried about what else he did that I haven't discovered yet. Quote Link to comment Share on other sites More sharing options...
Xyster101 Posted July 7, 2013 Report Share Posted July 7, 2013 I told my realitor what the plan was and how long we wanted to be in the home. We also told the sellers I wanted to spend some time going through things. I did not bring in a bag of tools. Just a screwdriver, voltage sniffer, and a flashlight. Taking a cover off a furnace or electric box is not endangering anyone. Besides I put in an offer afterwards. I do agree, I don't want the average person doing that and after each of my own home showings I went through everything just to make sure all was in order. Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted July 8, 2013 Report Share Posted July 8, 2013 I bring a contractor with me to every showing. Granted, mine are all HUDS and no one gives a shit. I do the inspection during the 24 hour grace period AFTER I win the bid since the house is basically mine should the inspection be okay. However what this person did is damage to your house, no matter how you slice it. Call the broker and I almost guarantee the broker will make the agent pay for the repairs. The agent represents the buyer and it is his responsibility to not allow the buyer to mess shit up. Quote Link to comment Share on other sites More sharing options...
LJ Posted July 8, 2013 Report Share Posted July 8, 2013 Dont beat around the bush. Call the broker and bring it up. Skip the agent. Agents work off of referrals. Brokers make money off the agents. They dont take shit from their agents Quote Link to comment Share on other sites More sharing options...
Zx2guy19 Posted July 9, 2013 Report Share Posted July 9, 2013 Dont beat around the bush. Call the broker and bring it up. Skip the agent. Agents work off of referrals. Brokers make money off the agents. They dont take shit from their agents Exactly. I had a major problem with my old agent. Called broker, problem solved. They don't want their money messed with. Quote Link to comment Share on other sites More sharing options...
Mallard Posted July 9, 2013 Author Report Share Posted July 9, 2013 I bring a contractor with me to every showing. Granted, mine are all HUDS and no one gives a shit. I do the inspection during the 24 hour grace period AFTER I win the bid since the house is basically mine should the inspection be okay. However what this person did is damage to your house, no matter how you slice it. Call the broker and I almost guarantee the broker will make the agent pay for the repairs. The agent represents the buyer and it is his responsibility to not allow the buyer to mess shit up. Thanks for the advice. I've had my agents calling him for ~5 days and he won't answer his phone or return calls. Quote Link to comment Share on other sites More sharing options...
LJ Posted July 9, 2013 Report Share Posted July 9, 2013 Thanks for the advice. I've had my agents calling him for ~5 days and he won't answer his phone or return calls. The agent or broker? Id give them another week of trying the broker, then file a complaint with the local board if no response. Remember to hit social media and review sites hard Quote Link to comment Share on other sites More sharing options...
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