After consulting with a lawyer regarding our rights when it comes to the MASSIVE termite damage and improper supports that were used to support the floors in our house, we have found out that it is pretty much our responsibility, per se. I talked with some lawyers, and they all said the same thing: fraud has to be intentional, which is hard to prove, and negligence is shaky ground (which is also hard to prove). Also, listen up homebuyers, in Georgia, there is something called a “Buyer Beware” law, which means that it is the buyer’s responsibility to check every potential problem out before closing. Honestly, I believe that this is the worst law ever, and it really does only protect the person who is selling the house. In this case, it protects them from spending the $20,000 to fix what should have been fixed before the house was even put up for sale. This doesn’t mean that it isn’t their fault, and it also doesn’t let them off the hook, but it really does mean that the legal system does not work for the little guy!!
In fact, I am now convinced it works the other way around. They say that ignorance is no excuse, well, obviously those people are the ones that know everything, and need not worry about ever being ignorant. My advice is never listen to your agent, never listen to the seller, never listen to the selling agent, never listen to your inspector. Get second opinions, get third opinions. But, even then, they may miss something, and again, you are screwed because you “should have know better”. I know that I am not alone in thinking that this sucks, but I am the one that has to fork out the $20,000 to get it fixed, so I get to pout and stick my lip out more than you. So there.
Oh yeah, If you live in Atlanta, and want to buy a house or sell a house, NEVER NEVER NEVER use Lea Johnston of Bo Bridgeport as your agent. She will get the money and run.