Hello all !!! Happy thanksgiving and thanks for reading my post... I purchased a property through tenex LLC (auction dot com). Before I purchased the property. I went to the site and observed a new roof being installed . I figured that this would be a good purchase. After purchase, The roof leaks, I contacted the village to get the information of the contractor and they informed me the roof did not pass inspection and the roof ridge lines are collapsing and certain areas of the roof need new decking and the shingles were not installed with underlayment. Great So I have contacted my closing specialist at ten ex and I have not herd a single thing from them. I called Auction and they have said send an email to [email protected] dot com and I haven't heard anything. So I ask the readers, ... Has anyone else have had this issue with AUCTION dot COm??
David, auctions are typically as-is where-is with no warranties either express or implied. I suggest you review the terms and conditions you agreed to before placing a bid. I would be very surprised if you have any remedy here other than repairing the defects yourself.
@Tom Gimer agreed we buy a few month through auction and we buy them as is where is...
@David Ho rough situation, seeing what you think is a new roof going on and finding out the house has significant issues. I think the advice from others is correct, auctions are as is where is and there is no recourse from them. Best bet now is to get some quotes on fixing it.
Gentlemen .. thank you for your input. I find it concerning that none of you read the post. Your just replying to add to your contribution posts and votes. Must think others don't understand the words "As Is" . I have got remedy with out your "As is " input. So the next time you guys have a severe post closing issue don't just fold and give up because it says "As is"
Well, the “as is” sort of trumps any idea of remedies you may think you have.....they obviously didn’t give/imply any warranty for any work done, or not done. Not sure what type of misrepresentation you think occurred. And work done with/without permits or passing inspection is irrelevant to your “case”. It sort of sucks.....but sometimes reality does. Best of luck if you can manage some recourse though.
@David Ho Oh I read your post. And having served as attorney for two auction companies I gave you my opinion based upon that experience.
Many times I got the call you made and I simply pointed the disgruntled buyer to the clause in the contract that says "AS-IS, WHERE-IS" and poof... the matter was over. Caveat emptor.
If you got a different answer, you agreed to different terms and signed a different contract than most of us are accustomed to seeing. Unfortunately your post provided no information upon which to base an answer other than the ones you received from the group. And your follow-up message was rude.
So how about now you prove "I have got remedy"?
@David Ho, Perseverance pays... Keep at it. Make calls. When you get a human to talk with at either auction.com or TenX, dont take the note that a legal will get in touch with you, instead keep talking till they can either give a manager's or legal departments contact # to talk to, OR ask them what your other options are.
Also while you are on phone with any of them, NO Raising VOICE. As polite and patiently as you can, try to get a resolve. Final goal - is to try to get what you want. My experience -- perseverance pays!.
A simple example -- I had given the EMD on one of the auctions, I had won and although we dont get to see the property, I was able to get into the one and saw that there was a potential structural issues. Since it is -AS-IS deal ideally there is no backing out!, I spoke to auction.com agent and explained I do not want to proceed with the deal and I understand it is as-is, but I apologize for change of mind, and did request for return of EMD. After 2-3 such calls, I was sent the EMD of $9K.
Yes, I agree I had not closed yet, and in your situation you have it different. Inspite of it being AS-IS check to see if in your state the RE sale need to have disclosures to be stated. If that was missed, there may be an argument. Overall it wont be easy, but it is your choice of time vs money! You want to go after and get a little OR let it go.
Wish you all the luck to get better result.
Note: I have bought through auction.com, Hubzu.com, HomeSearch.com now Xome.com, Williamsauction.com, ebay and other local auctioneers!