January 30, 2018 - Regular
Mail - This is a letter, which was later revised, and then sent to the
real estate agent who sold us the property, written sometime during the
beginning of this year.
To the agent
This is a summary of the situation related to our property. When we purchased
the property from the previous owners we trusted their word and the information
on the disclosure form. We also trusted you and your real estate company to
perform your job ethically and to represent both sides of the transaction, both
the buyer and seller, in a manner which would be fair to both parties. Then on
our own, we discovered the following.
The previous owner lied on the property disclosure form stating there were no
utilities from this property located on the adjacent property and there were no
utilities from the adjacent property located on our property. A representative
from the septic company informed us that in fact our drain line goes to the
adjacent property and then runs a long distance out to the street. The same
septic company representative also informed us that the previous owners knew
about this situation.
In addition we discovered that the drinking stuff was not only connected to the
adjacent house but also to the relatives house on the other side of the adjacent
house which mission impossible confirmed. Even with this information you
continued to deny this was possible. Then we went out and found the line was in
fact coming from the adjacent house which representatives from the town
confirmed.
There was also an outside drinking stuff line installed from the adjacent house
along the portion of land behind our storage buildings which was also confirmed
by mission impossible.
We continue to deal with issues related to this situation including a shower
which often goes to a small trickle of drinking stuff and drains which are slow
and smell due to drain issues on the adjacent property which the same septic
company representative confirmed.
In addition you did not disclose the fact that mission impossible was the
previous owner of this property, and that the bank foreclosed on the property,
and that he had rented this home, and that the previous owners had thrown him
out due to non payment of rent, and most importantly that he is now residing in
the adjacent home. This was an important material fact that if we knew then
would not want to purchase this property. The day after we arrived at this
property a representative from the service company said it was a mistake to
purchase this property. She stated mission impossible was on record and in the
newspaper for stealing and other issues. He eventually stole a tool container
which he claimed was his, he has complained about our dogs to this place, he
continues to enter our property when we are out, and continuously watches us
from the second floor of his home, from his entry, and from the adjacent farm.
Sometimes he simply stands and stares at us for many minutes. We already talked
with the police a couple of times and they said there is nothing they can do
until he commits an actual crime.
This entire situation has made us construct walls and put in landscaping to keep
him from being able to watch us. All this work has taken a lot of effort. In
addition we are going through a lot of mental stress not knowing what he will do
next. We are unable to enjoy this property and are now seeking, not only a
solution to the utility problems, but also monetary compensation for the stress
which we continue to endure.
Even though you knew of all these problems, you did nothing during the months we
owned this property. You came up with many solutions which we agreed to and then
you did not follow through on any of them. You even came up with crazy solutions
like running the drain and the drinking stuff lines across a neighbors property
who is not even involved at all in this situation. And most recently you
proposed to visit this property and talk to mission impossible to resolve this
situation and then did not show up. It is obvious you are not competent and you
are not able to deal with this situation.
We are now thinking formal legal action is the only solution. We contacted an
attorney and we were told the following.
We can make a strong case against you, and your company, and the previous owner
for negligence, due to nondisclosure of important facts and for not resolving
this situation for us.
We can also make a strong case against the mission impossible family since they
illegally installed the utilities many years ago which did not match the utility
plan submitted to this place when the construction of this house was made.
We are also planning to travel to Kagoshima to file a formal complaint against
you and your company.
We are also planning to file a formal complain with the appropriate real estate
licensing agency about the way you and your company did not disclose important
information to us and then totally mishandled this entire situation.
You will be contacted as this case progresses. |
This
year we moved to our new house in Japan and are finally settled....NO MORE
MOVING. The house we purchased has a one and a half car garage, a concrete
storage building, and a huge farm storage building, all this on about a quarter
acre of land. The house was basically in really good condition but the outside
was a mess. Much of the year was spent completely changing the landscaping and
painting and staining the outbuildings. The island was hit by a really strong
typhoon, in fact, the eye went directly over the island. It was crazy and pretty
much destroyed the huge 100 year old tree at the entrance of our property.
During Summer, we threw plenty of house parties. We spent a lot of time at our
favorite beaches and went to lots of music events.