[Juliebythesea]

Exactly. How could the agent know unless the seller informed the agent.

[Pamela1130]

Originally Posted by bopat

Recently purchased a resale home here in The Villages.
With the recent rain storm, we noticed some water on the lanai floor.

The lanai is fully enclosed, with double pane windows and a door.

Seems this isn't something new, looking closer at the floor we see water stains on the tiles all around, we thought they were part of the pattern, but now it makes sense.

Also, looking at the windows, the big ones have a white haze on the bottom of them, which they've had for as long as we've known (was there when we purchased the home), we asked the real estate agent and she said it was from the hard water they used to water the shrubs.

Looking more closely, the big windows are installed backwards, the weatherproof seal is on the inside, and the foam insulation around the window frame is on the outside.

So my question is, what should I do?
Some thoughts:
- The agent should have disclosed the water problem (it's not new).
- The home inspector (we had the full home inspection done) should have surfaced this problem and noticed what I noticed. I'm not a home inspector and I figured it out.
- Not sure if the previous owners knew, but if it was a defect from when the house was built, it should have been dealt with back then. Not sure if the previous owners did the work on the lanai or it was part of the original build.

In any event, does anybody know anyone who can reverse big windows? These things are like 6' x 5'!

I have no idea who would be at fault, if anyone. The broker, the previous owners, the inspectors? I will try to make sure that we are covered for problems that might exist and weren't revealed. If that is even possible.

Please keep us informed on what happens. Thanks for posting this.

[CoachKandSportsguy]

Originally Posted by bopat

Recently purchased a resale home here in The Villages.
With the recent rain storm, we noticed some water on the lanai floor.
Also, looking at the windows, the big ones have a white haze on the bottom of them, which they've had for as long as we've known (was there when we purchased the home)

Looking more closely, the big windows are installed backwards, the weatherproof seal is on the inside, and the foam insulation around the window frame is on the outside.

Having lived in houses as the first/second owner, there are always builder short cuts found after purchase.
real life examples are:

unglued pvc waste pipes,
cut joists under bathroom floor,
improperly wired switches,
improperly installed roof vents,
finished floor installation issues,
improperly installed cabinets,
switched hot cold water pipes to showers


I just don't ask the real estate anything building related, its never their skill set, and its all the building inspector / home inspector's skill set.

Also, we always expect to fix / find issues on any house, even a brand new TV built house. . . even on our newly built TV house, there was a roof leak in one of the heaviest rain days in the first year, never since. . its also hard to find a roof leak unless you do it when its leaking and its not always an easy place to work in the summer time.

In our current NE home, there were huge shortcuts, as the agent/contractor was a POS. . and trying to make a huge profit by cutting corners. . as he sold the house unfinished, and the finishing was more costly than his estimates.. ..

Fixing to your standards is the best answer, and move on, its not worth the expense or hassle unless it renders the house unlivable or barely livable. .

[Vermilion Villager]

Originally Posted by bopat

Recently purchased a resale home here in The Villages.
With the recent rain storm, we noticed some water on the lanai floor.

The lanai is fully enclosed, with double pane windows and a door.

Seems this isn't something new, looking closer at the floor we see water stains on the tiles all around, we thought they were part of the pattern, but now it makes sense.

Also, looking at the windows, the big ones have a white haze on the bottom of them, which they've had for as long as we've known (was there when we purchased the home), we asked the real estate agent and she said it was from the hard water they used to water the shrubs.

Looking more closely, the big windows are installed backwards, the weatherproof seal is on the inside, and the foam insulation around the window frame is on the outside.

So my question is, what should I do?
Some thoughts:
- The agent should have disclosed the water problem (it's not new).
- The home inspector (we had the full home inspection done) should have surfaced this problem and noticed what I noticed. I'm not a home inspector and I figured it out.
- Not sure if the previous owners knew, but if it was a defect from when the house was built, it should have been dealt with back then. Not sure if the previous owners did the work on the lanai or it was part of the original build.

In any event, does anybody know anyone who can reverse big windows? These things are like 6' x 5'!

It's kind of difficult to understand what you were really asking for here. As far as you purchasing a home that did not have a warranty Florida law is pretty clear. A purchase of a home is "as is". I'm not following what you're talking about reversing a big window. Are you talking about turning it inside out or upside down?

[ldj1938]

Originally Posted by NoMo50

From the description given by the OP, it sounds like a problem the previous owner must have known about, yet failed to disclose at the time of sale. Proving that, however, will be very difficult. It's time to bring in a window professional, and heed his/her guidance. If the haze on the glass is on the outside, that should be removable. But, if the haze is between the panes of a double pane window, that means the seal between the panes has been compromised. The space between double pane glass is typically filled with an inert gas such as argon. If that gas has escaped, condensation and stains will form between the panes that will only get worse. In addition, the lack of gas will prevent the windows from performing the way they are supposed to perform.

Again, call in a professional for a thorough inspection and assessment. While your problem may be repairable, I suspect a window replacement may be in your future. Good luck.

It has been a really long time since we've had a really hard rain storm. Months! In my experience (Lived here 23 years) I would call Doc's and they have people qualified to do about anything you need. They all subcontract under Doc's supervision. When they finish the work Doc's send an inspector to make sure everything is done properly.
When we had one of the hurricanes we had a lot of water in our front bedroom. The insurance company sent people in to dry it out and clean it up. The agent came by, took one look and said, recaulk your windows. Problem solved. Our house is 25 years old. Get it done!

[retiredguy123]

Note that most pre-owned houses are not sold "as is". They have an implied warranty, which basically means that the seller warrants that everything in the house is in working order. So, for example, if the HVAC system doesn't function when the buyer takes possession, the seller is responsible to repair it. You can sell a house "as is" but that needs to be specifically stated in the listing. If you buy an "as is" listing, the seller doesn't warrant anything. But, in either case, "as is" or not, it is difficult to address these types of issues after the closing because the buyer has no leverage. As a buyer, if you want leverage, you would need to require a deposit to be held for a time period after the closing, but the seller may refuse to agree to it.

[jmaccallum]

In Florida, pretty much all Real Estate Agents are “Transaction Brokers.” They don’t represent you, the Buyer, nor the Seller. They have no fiduciary responsibility to anyone, they just put together the transaction. It doesn’t matter what they say or even what they put in writing to you. The Sales Contract that you signed to buy the house even spells that out in bold print, you indemnify and hold them harmless. In Florida it is “Caveat Emptor” or Buyer Beware on all properties sold. Find a good contractor to fix and good luck!

[retiredguy123]

Originally Posted by jmaccallum

In Florida, pretty much all Real Estate Agents are “Transaction Brokers.” They don’t represent you, the Buyer, nor the Seller. They have no fiduciary responsibility to anyone, they just put together the transaction. It doesn’t matter what they say or even what they put in writing to you. The Sales Contract that you signed to buy the house even spells that out in bold print, you indemnify and hold them harmless. In Florida it is “Caveat Emptor” or Buyer Beware on all properties sold. Find a good contractor to fix and good luck!

Not exactly. The broker represents the seller as an agent in the listing contract. They do not represent the buyer. As far as fiduciary responsibilities, they are required to act as a fiduciary to both the buyer and the seller by Florida law. That is different from being an agent. If they violate the fiduciary or ethics standards, they can be disciplined or lose their state license.

[Muzik]

The key word here is "known" defects. The broker and seller will just say they didn't know. I might try to talk with the home inspector who may want to protect his reputation.

[Rainger99]

I am not a lawyer or real estate agent but it appears that, in Florida, the seller has a duty to disclose any facts or conditions they know about that materially affect the value of the property.


What does the seller of a home have to disclose in Florida? - The Robertson Firm

[retiredguy123]

Originally Posted by Muzik

The key word here is "known" defects. The broker and seller will just say they didn't know. I might try to talk with the home inspector who may want to protect his reputation.

The only thing the home inspector could do would be to refund the cost of the inspection, which is highly unlikely. They definitely will not pay to fix the defects.

[Pixelpups]

You never say how old is your pre-owned home. I agree with finding the window installer through the permits dept. Find out how long ago was the install.

We recently enclosed our lanai and the installer has a 10-yr. warranty on the windows. But I will say that the warranty from the window manufacturer is invalid if the windows are installed improperly.

I suggest that you get a quote to fix the problem from a contractor, then approach the original installer and ask them to fix it. Also, usually, when the seal between a low-e, double pane fails, the deposit on the inside is metallic looking, not white. It has a rosette-like pattern (growing crystals?).

[banjobob]

My guess is you can spin your wheels trying to find someone to blame , or just hire a handyman to fix the problem and move on.

[TeresaE]

Originally Posted by Stu from NYC

I second this motion

Did you or the seller purchase a home warranty? If so, this may be covered.

[retiredguy123]

Originally Posted by TeresaE

Did you or the seller purchase a home warranty? If so, this may be covered.

Home warranties are a waste of money. There is not a chance that a home warranty would cover pre-existing defects like the ones described.