Q: My wife and I just bought a home, but due to distance, we were unable to physically see the house.
and had to rely on the realtor and inspections to make a decision. I have found numerous safety/structural issues that were not documented during the appraisal/inspection. I am in Washington state in Whitman county. I am trying to find out what my options are moving forward, or if I am just stuck in a money pit
A:
I am so sorry to hear about this. Unfortunately, your recourse may be a bit limited, unless the Realtor and/or Seller were deceptive in some way - for example, if the sellors lied or omitted information in their "form 17" disclosure statement.
Most inspection contracts include language in which the person(s) ordering the inspection agrees that in case of a dispute, the most money they can get from a negligent inspector is the amount of money that they paid the inspector. However, once in a while, an inspector doesn't use a contract, or doesn't use a contract with this language, in which case, you could go after the inspector.
I suggest that you schedule a one hour consultation with a real estate attorney and go over the paperwork and what happened - and perhaps from a larger city, such as Spokane, Seattle, Tacoma, or Olympia.
Most counties in Washington in county attorney referral offices, but many such attorneys are "green" and trying to get clients - so be sure that you question the attorney about their knowledge, experience, and success.
Another way to find real estate attorneys is through the directory and/or lawyer referral at the state bar association, at WSBA.org.
Another way to find attorneys for a consultation is through ContractsCounsel.com - be aware that although you'll find an attorney to consult with you through any of these websites, you are responsible for your own vetting.
If you know anyone in Whitman or Spokane County, you may want to ask people to recommend someone - but make sure you find someone experienced in buying and selling residential real estate. Many people pick the wrong kind of attorney with whom to consult - a family law or criminal law attorney is not going to be your best bet.
You may want to consider a kinder/gentler approach. This would include putting together a list of bids to fix each issue in the home (eg, three bids for the deck, three for the kitchen, or whatever the problems are) and attempt to negotiate with the seller - sometimes, one can be successful on one's own, or through mediation with a certified, third-party mediator who may be able to help you work out a settlement (mediators have no authority to issue orders, but they can help parties enter a win win settlement vey often).
Good luck to you!
Merry
KeyPeninsulaLaw.com
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