Monday, March 31, 2008


In March-April, 2006 I entered into a contract to purchase a home in Lakeway, Texas. The seller was using Coldwell Banker United Lakeway. We performed many inspection and the contract was ratified. We were now scheduled to close on July 12, 2006.

We closed on the property on our scheduled date. We were in no real rush to move in because we were in the process of selling our old house. On August 6, 2006 we had movers schedule to arrive at our old house for an August 8 move. I drove to the Lakeway house getting things ready for the schedule move. I arrive late on the August 6. I went into the house and used the restroom. At this point things started to go bad. I realized that there was no water. I went out and checked the pump house (house is on a well), nothing was working. I called the seller and asked if he had any problems and he informed me NO. He informed me to check the beakers (one on house and other on pump controls). I reset the circuit on the pump and it started and ran for 2 seconds and then blew the circuit again and again. The seller informed me that it was my house and my problem and hung up. During all of this time the seller keep informing us that he never had any problems with the pump, well, or water.

The next day I called a well/ pump company to come out and check the system. They arrived and perform some checks. They would have to come out and pull the pump. At the same time they informed me that it appears that someone had worked on the system in the last 30 days. I asked how he could tell and he showed me. So on the next day I started calling around to all well/pump companies that work in the area. Well after about 5 calls I got lucky, I found the company that came out and worked on the system on July 7, 2006, five (5) days prior to our closing.

When I talked to them I found out all of the problems with the system and that they informed the seller and broker of that was wrong with the system. They also produced a report that was ordered and paid for by the listing real estate agent. I asked for a copy of the report but they could not give it to me. The one thing that upset me the most was when they said they informed the seller and broker that the well was not producing any water - meaning it was dry. This is all in their deposition which I will post later on.

Now my problems have really started . I called my wife and informed her and to cancel the movers because we had no water. I am not sure why the seller or broker did not disclose this. I have talked to 5 or 6 Realtors and all informed me that they would have informed all parties involved, because without water you cannot live in the house. These Realtors also informed us that this was part of their duties and ethics but not all Realtors follow them.

Now it was time to file a law suit. Next post will describe the law suit.

Inform New Home Buyers

I have setup this blog to hopefully inform prospective home buyers to beware of this office, Coldwell Banker United Lakeway. This office is near Austin, Texas.

I was under the impression that Realtors had a code of ethics and standards to practice during a real estate transaction. I also had the same impression on Broker Duties that they should follow during the transaction. Here I am wrong. Not all brokers follow these duties and ethics.

I will be posting my troubles with this Coldwell Banker office. This will take some time because it has taken me almost two years of legal problems that has cost me to date $70,000 plus. It appears I will lose (have already lost) my legal case and may be in financial problems because of this. I will also hopefully inform home buyers of what I have learned about the TREC contract,(Texas Real Estate Commision), that has helped the realtor win the case.

To start with I want buyers in Texas to be informed of the following Paragraph 7.D - ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present condition; provided Seller, at Seller's expense, shall complete the following specific repairs and treatments:

The pharse - "in its present condition" is implied by the Texas courts to be "AS IS" at the time a contract is ratified. Meaning when both parties have signed the contract. If anything happens to the house after this date and all inspections are completed, the seller and broker 'DO NOT' have to disclose problems that occur with the property. This was all new to me.

In my next post I will lay out what has happened on this property.