I bought a house and now I have problems? Do I contact the seller?

[gideon]

I recently purchased a home and in the listing it said the home had a whole house reverse osmosis system. Also it stated in the disclosures that there were no known leaks. After living here a month I find out that the water system is not a whole house reverse osmosis and furthermore the water softener is not even working properly. I had the company come out to look at the softener and was told that I would need a service call to diagnose the problem and then fix it. The service call is $75.00 plus any parts they would use. The pipes in the home have been replaced however I was told by the seller AFTER I made the purchase that the pipes to the bathroom were not. The bathroom water has a horrible smell and it is very rusty! I installed a brand new shower head and it is already orange from the water. Also above the garage the ceiling is leaking badly. I had two contractors look at the roof and they both agreed that the leaking was not a new problem and the roof needed replaced. The estimates are right around $2500. I have emailed the seller a few times with some minor questions and he has been helpful. So now what do I do? Should I send a email with the estimates and explain the problems? Is there a "sample" letter somewhere on how to word it? I was told that I could go to small claims court however I would rather just try to settle this between the two of us. Any suggestions, advice, help would be most appreciated!

[burt]

Make sure you talk to your real estate agent and the bank you got the loan from and let them know those problems

You are supposed to have all of those inspections done BEFORE you buy the house, but if he purposely kept them from you you could win in small claims.

[bernd]

They key to this problem is in the Seller Disclosure which the seller filled out and gave you. Any lies on that form can help you to get satisfaction from the seller. You are in a difficult position because you closed the sale.... which usually means that all of your remedies are gone except for court.... which can be expensive. A Small Claims judge might not accept a realty dispute and you would be in Superior Court for 18 months and $10,000.

[cuartio52]

I am not sure what state you are in but each state has different laws. I am a real estate Broker so I cannot by law give legal advice. But I can say to you to talk with an attorney. There are many players involved in this transaction that might be liable, not just the seller. There are 2 agents, an inspector, and the seller.
If you agent really is providing you service after the sale they should be able to guide you and refer you to an attorney.
You have the right frame of mind and it is always more amicable to contact the seller directly before involving lawyers, but you need to be prepared that the seller may not be liable. If you bought the home and signed the sellers disclosure and had an inspection and therefore accepted the property without a warranty, you could be on the hook. It appears the seller is still around and helping, ask to meet for coffee and show them the issues and tell them you feel they should help since they did not tell you about these issues that are not new. See what they say. If they are not interested in helping send them letters, emails and certified mail with your proof and invoices letting them know the next step is hiring an attorney. Ask nicely and be polite.
Get the agents involved and the inspector, they all carry E&O Insurance to cover things likes this.
I hope this helps. if you need a question off line click the link below.