By Barry Stone
Dear Barry,
When I bought my home, the inspector disclosed numerous defects, but my agent advised me not to worry. He said the warranty company would fix everything after the purchase. I trusted this advice, signed off on all defects, but now find that warranty policies do not cover pre-existing conditions. How can I address this unfair situation? - Kristen
Dear Kristen,
If you were told that the home warranty company would pay for pre-existing conditions, you were definitely misled. If warranty companies did business in that manner, they would soon be bankrupt. The purpose of a home inspection is not to make a repair list for the warranty company. It is to advise you of existing problems so that you can decide whether to purchase the property as-is, ask the sellers to make repairs, ask for a price adjustment, or cancel the contract. In your present circumstance, you may not have recourse unless you can convince a judge that you were falsely advised to file repair claims with the warranty company. You'll need advice from a real estate attorney to fully assess your situation.
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