Real Estate Agent Question

[Skipper1]

Hello everyone,

I am new to the forum and found a lot of good information here. My question pertains to a new house that I purchased a few months back that has had a few basement leaks since we moved in, mostly due to drainage issues and poor lot grading.

We used a real estate agent that lived in same area and had sold many houses by the same builder as ours. I had asked her a few times regarding the high water table etc, and if anyone of the other houses she has sold in the area ever had water in their basements. She told me that none of the houses ever did, but now living in the area and talking to neighbors, those other houses by the same builder that she had also sold (double ended) all have had water in their basements on multiple occasions and that she (the agent) was aware of this as she lived in the area and was knocking on doors seeing if people had shop vacs to help with the water problems.

Now my issue is not that we bought the house (buyer beware), but more the fact that she lied to us and put us in the same situations as the other owners. I have fixed all of the grading and drainage issues myself but will be putting the house up for sale due to the stress and bad feelings it has created. The home was over 1 million dollars so you can understand our frustration.

There were a lot of lessons learned through the process, but I would like to know if there is anything we can do regarding the agent that lied to us and did not represent us in the manner that one would expect.

Thanks for any help in advance.

[andrewf]

RE agents are no better than used car salesmen. Shame on you for trusting them.

Did you get a home inspection? It is probably not the first time this house had water in the basement, and it is usually hard to hide past occurrences (there are characteristic water marks on the floor and walls).

This is a huge and common problem. Waterproofing basements post-construction is a big business. One wonders if we need to make it minimum code to waterproof basements. Maybe sump pumps should be code as well.

[donald]

Andrew,i think skipper bought a new house(by the sounds of it,and if that is the case he would of relied on the builder's warrenty,and or the national warrenty program)I actually think it's the builder that should carry the brunt of the problem.
The agent is just a ''hired hand/middle man".Why not take out a class action suit against the home builder/or even the developer(if there is one who master planned the sub division?or seek a lawyer(firm)to represent the neighborhood?

Who ever developed the land would of been aware of soil conditions/drianage/high water table and should of took all measures to have the land buildable(or even the engineering contractor's(firm) who would of zoned/planned the land)It does'nt seem like a re agents problem-imo.

[Skipper1]

Hey guys, we have a sump and I have had the lot grade corrected and installed some underground piping connected to a downspout to move water away from the property. The builder is a concern but my biggest concern was that the real estate agent who lives in the same sub division flat out lied to me about others having basement water issues when I asked. If I had known about these other houses from the same builder I would not have bought it (it was a brand new build).

I was looking to see what kind of action I can take against the agent.....not looking to sue or anything but this person needs to feel some heat whether that be from the agency the real estate board etc.

Thanks,

Skipper.

[Berubeland]

Real estate agents are required by law to disclose any information they have about the property defects. I'd speak to a good lawyer about it. It's also a good idea to complain to OREA after complaining to the broker if the situation cannot be resolved.

[kcowan]

I agree with donald. The agent is probably on a contract with the builder and not a regular agent.

Generally in dealing with agents, you should consider anything they say biased. We were looking at property off Bayview south of the old Highway 7. It backed onto a forest. The listing agent said it was greenbelt. We asked our agent what she thought and she said she would check it out. It turned out to be hydro right-of-way. Years later we saw that the house in question. A big tower was right behind them and all the trees were gone. They had a panoramic view of the new 407. "Trust but verify!"

So a class action suit against the builder is your best bet. But make sure to read the find print in your contract first.

[londoncalling]

RE agents are no better than used car salesmen. Shame on you for trusting them.

Did you get a home inspection? It is probably not the first time this house had water in the basement, and it is usually hard to hide past occurrences (there are characteristic water marks on the floor and walls).

This is a huge and common problem. Waterproofing basements post-construction is a big business. One wonders if we need to make it minimum code to waterproof basements. Maybe sump pumps should be code as well.

There are provisions in the National Building Code for waterproofing basements(9.13 Dampproofing, waterproofing and soil gas controls). It is also code to have a drywell or sump. Most municipal codes will require a sump for new builds.

It would seem that the OP has already figured out the cause of the problem and I would agree that most basement leaks are caused by poor lot grading and improper drainage.

It would also seem that the agent and builder are working together in each others best interest. I have nothing to offer as it is out of my realm of expertise but I would definitely follow berube s advice to report to OREA.

[Just a Guy]

You'd have to prove that they personally knew about the problems...if she never asked, she probably never knew...and she was probably smart enough never to ask. I know many realtors who've specifically said not to tell them about issues...you can guess the reason.

[blin10]

that sucks, but trusting realtors is like trusting sales person when you're buying stuff, they will sell their own mother is they had to...contacting lawyer would be your best bet but I don't know if it's worth sinking more $ into it