Manifest Money Talks

My question involves real estate located in the State of: Florida



Situation: House purchased in November 2008 - the realtor was representing both sides of the transaction.



Issue: I found out in January that there was a sinkhole claim on the property when I woke up to 6 men and a drilling rig in my yard. The testing company had completed all preliminary tests (ground penetration, hand borings, and were finishing the last step of their tests). The testing company immediately left my property after finding out that I was not the owner listed on their order sheet and that I was not insured with the same insurance company as the previous owner.



My realtor said he knew nothing about this insurance claim. I later found out that he was the one who let the testing company into the home when the seller was out of town (he said he let them in and went back home - he lives across the street - and that he didn't know who they were or what they were there for). I also found out that there was extensive tile work that had to be replaced due to cracking. The realtor told me it was a few tiles in the bathroom - I later found out it was the entire bathroom and the front entry which is on the other side of the house. I believe he knew more than what he disclosed and as a professional he is liable to know if a soil testing company (all of their trucks have their name on it) is at a property that he is listing and which is under contract.



The seller's excuse is that he was just trying to get money out of the insurance company and that he doesn't really think there is a sinkhole issue. Regardless, the house does show typical signs of a sinkhole (stairstep cracking, airconditioner that has shifted and is not level, large cracks in the concrete slabs, etc). I finally got a copy of the testing report which states that they can not rule out a sinkhole based on the testing that has been completed so far. As a side note, one of the gentlemen from the testing company took me to the side and told me that I have soil issues on my property and that I needed to get it checked out and repaired by the seller - I think he felt bad as he heard my story and how upset I was about the claim.[img]images/styles/el-evo/smilies/wallbang.gif[/img]



The seller has tried to get the rest of the testing completed but his old insurance company won't finish it (it will cost another $5 to $6k). After much discussion and some threats on my part he has finally filed a case with the State of Florida to have his insurance company investigated.



Ideally, I would have the testing complete and find out that there are no issues and I can go on with peace of mind. If there are issues, obviously I would want them to be repaired and some sort of financial compensation as I would not have purchased this home at all. I am really upset with the Realtor as I feel he was not honest with all of the property issues that he was aware of. I would not have offered as much on the property had I known about all of these issues - do I have any case against him or the seller?



I know this is a convoluded situation with multiple hands in the pot. I just really want to get it figured out now before any statute of limitations applies versus having this come up in a few years and shooting myself in the foot.



Thank you in advance!!!