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We recently bought a house in Nebraska, USA. I am British and this was my first experience of the US home buying process (and I hope my last!). I am hoping for some guidance as to whether either the surveyor or the seller are liable for issues we have found after the purchase.

The survey found very few issues with the house, which was built in the 1960s. Really only a few advisories like "clean the chimney regularly".

We tried to light a fire this weekend and ended up with a house full of smoke. The chimney sweep has arrived today and discovered that none of the 3 chimneys are safe to use (2 fireplaces and one furnace). He suggests the easiest and cheapest way to make them safe is to drop a stainless steel liner down at a cost of $3,000 per chimney (plus labour).

To make matters more difficult the seller was our realtor, so it isn't really possible to ask to speak with him in his realtor capacity about the seller...

Do we have any recourse here, or is it something that we have to cover ourselves, or maybe possible to claim off the insurance?

mhoran_psprep
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Blair
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1 Answers1

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From a real estate legal advice site, the seller may be liable if:

  • The seller gave the buyer some sort of warranty or guaranty
  • The seller committed fraud - usually a material (or important) misrepresentation (or lie)

It's also possible that your home inspector is at fault, having done a poor inspection. As noted on the legal advice page above:

As to the home inspector: generally, the agreement or contract by used when you hire an inspector strongly limits their potential liability. A buyer should review (and/or have an attorney review) the agreement to see if and when, and to what extent, the home inspector may be liable. As a general rule, an inspector who actually inspected the premises and had the credentials he or she claims would probably not be liable (or if liable, probably only to a limited extent). However, if the inspector committed fraud (isn’t trained like he represented; didn’t actually conduct the inspection he claimed) or possibly was grossly negligent (e.g. did the inspection while drunk), then there may be liability.

Matters are further complicated by the fact that your seller is your realtor - he/she has professional fiduciary responsibilities to you as your representative. Per this Nebraska Real Estate Commission page:

If you feel a licensee (broker or salesperson) has made a misrepresentation or not followed their duties or obligations under the license law you may file a complaint with the Commission. If you are unsure as to whether the grounds for a complaint exist please contact our office by phone or e-mail and we will be glad to discuss it further.

The information for filing a complaint is found on this page:

Nebraska Real Estate Commission

  • Phone: (402) 471-2004
  • Fax: (402) 471-4492
  • e-mail: realestate.commission@nebraska.gov

My suggestion would be to contact the Nebraska Real Estate Commission first to determine whether you have grounds for a complaint. If necessary, you'll need to find a local lawyer specializing in real estate issues to get a settlement for this chimney issue, either from your real estate agent or the home inspector.

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