Brockport, NY asked in Real Estate Law for New York

Q: Bought a home near Rochester, wondering what a rights are after finding foundation issues

Bought a house with a dual agent, we are from out of the area so just contacted the poster directly and she also ended up being the owner. We did a few walk through, and she did a lot of upgrades to the property including a continous water heater and septic tank. We asked her about the foundation poles in basement, she said an engineer said they were fine (rust on them). 1 month after closing, one of those poles completely breaks. Asked her for that engineers report, but she has been "advised" not to provide it. She convinced us to not get an inspection on an as is home (stupid, I know). She did not disclose this issue, when experts are telling me no engineer would sign off on that. What can I do here?

Related Topics:
1 Lawyer Answer
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Licensed in New York

A: Sorry for the late reply - I just joined this site and found your unanswered post.

First, I am not sure I fully understand the background you provided but are you saying that you responded to a home listing and the realtor (a "dual agent") was the actual seller? While I agree with your self-assessment that you should have had an inspection (as is - or not), I wonder whether the realtor/seller had a conflict of interest. A true dual agent has a fiduciary duty to be loyal/faithful to both sides and if she (herself) is/was the other side, I do not see she could act fairly - and, in fact, from what you described, she may not have.

Next, did she complete and provide you with a Property Condition Disclosure Statement ("PCDS")? If not, did you get a $500 credit and did you sign a statement that you accepted the $500 in lieu of her PCDS?

Finally, I recommend you get to a local attorney as soon as possible to review all the documentation and facts to ascertain your obligations and rights under that agreement. You may have recourse against her in her capacity as "seller" and/or "Realtor." There are many fine attorneys on this website, and you can start your search for one of them here: Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.