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Real Estate Fraud
Posted by: AshleyJosephine ()
Date: April 06, 2016 08:55AM

Hello!

I want to alert you to something that is going on in Fairfax County right now.

You can read about my family's story here: https://www.gofundme.com/homelessmilifamily

Basically, we bought a house from a couple who called themselves real estate investors. The wife is also a licensed realtor. They "flipped" our house. 6 months later, our foundation is failing, the house is at risk for collapse and we've had to move out. We have spent about $25,000 so far with contractors, inspectors, structural engineers and lawyers. The people we are working with are 100% certain the sellers knew that the foundation was failing when they bought the house and they chose to cover it all up. They caulked cracks in the foundation behind drywall, they covered cracks in the foundation in the garage with paint so that it appeared there were no problems and they taped and painted over 30 cracks in the house interior. They never disclosed any of this. Beyond those major issues, they put styrofoam in our walls as insulation, failed to install any of the plumbing correctly and built an entire shower over an existing shower - improperly. All of these things were unable to be seen in the inspection because they were behind drywall or covered up.

Beyond our own problems this is a community problem. These people own 8 other properties. A few are townhomes/condos. I don't know if they are renting those out or not.

A couple properties are pieces of land. My guess is they're planning on building on those properties.

There is one house that they have just recently finished building that they currently have on the market for $1.3 million.

The fixtures in the new house are almost identical to the ones in ours. The paint job is almost exactly the same. If they are using the same people to do the work (mostly unlicensed contractors), this will happen to another innocent family.

We cannot let these people continue to do this and to profit from this.

Please consider helping my family through the link above so that we can successfully litigate against this couple. All ideas and help are appreciated.

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Re: Real Estate Fraud
Posted by: Tax Payer Boi ()
Date: April 06, 2016 09:31AM

SUCks...but if you expect help here your just gonna get roasted.....should have got a quality inspector kid and done some research....buyer beware.

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Re: Real Estate Fraud
Posted by: goodluckY ()
Date: April 06, 2016 09:42AM

Ok I read the post and gofundme. Litigation is expensive to be sure. $200k is barely worth suing over - that comes as a surprise to people that have never considered litigation.

Recall however that cuts both ways and that the truth is an absolute defense. Name the couple. Name the real estate company she works for. Definitely file a complaint with the Commonwealth Board of Real Estate http://www.dpor.virginia.gov/boards/real-estate/ I would be surprised if she didnt lose her license over this - they are very tough on licensed salespersons and brokers committing fraud or even misrepresenting facts especially when acting as an investor.

You might consider mentioning your actions to the sellers to see if they would like to settle and avoid criminal charges and especially loss of real estate license.

I would also consider going to the press on this - a good reporter is likely to at least look at this investors record on covering up latent defects in their properties.

Good luck, sorry this happened to you.

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Re: Real Estate Fraud
Posted by: wowsad ()
Date: April 06, 2016 10:06AM

If you didn't get an inspector (preferably one certified by InterNACHI or ASHI), it's mostly on you for failing to do your research.....not absolving the seller, but getting an inspection is part of the home sale process so YOU THE BUYER know what's wrong with the house before you buy it...

If you go in "blind" taking the seller's word- it's like buying a car "as is" with no warranty...and the headgasket blows the next day...it's on YOU to fix it...since you didn't have a warranty when you bought the car...

The seller IS shady, can't deny that... so I do sincerely hope you get some closure...

Good luck with your battle.

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Re: Real Estate Fraud
Posted by: had foundation issues ()
Date: April 06, 2016 10:11AM

You spent $25,000 and its still not fixed?

I bought a home with some bad foundation issues, it was about $12,000 to fix. hydraulic piering and all.

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Re: Real Estate Fraud
Posted by: AshleyJosephine ()
Date: April 06, 2016 10:56AM

@TaxPayerBoi I don't EXPECT help from anyone, I'm just alerting the community to something that has happened and is happening. I never want this to happen to another family.

We are reasonable, thorough people and absolutely understand Buyer Beware. We got a quality inspection, but it's hard to see things that are covered up behind drywall.

Everything that was questionable in the inspection we negotiated and were given receipts to prove everything was fixed. Our realtor double-checked everything (we later learned that was a lie). We have a sealed and signed document from a structural engineer certifying that the foundation was sound.

Not much else we could have done on our end.

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Re: Real Estate Fraud
Posted by: name and shame ()
Date: April 06, 2016 11:00AM

If you want to make sure this does not happen again, name them and shame them. If what you say is true, they'll have no grounds to sue you.

You could also try suing them multiple times in small claims court-once for each repair.

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Re: Real Estate Fraud
Posted by: AshleyJosephine ()
Date: April 06, 2016 11:05AM

@goodluckY Thank you for your advice. We are in the process of filing a complaint with CBRE and have already had other similar complaints filed on our behalf.

We have already had contact with the sellers and they are not responding.

We are also working on going to the press.

@wowsad - We definitely got a very thorough inspection. Would never buy a house without one and have learned a lot more about the process since.

@had foundation issues - the foundation is so bad that it needs to be completely replaced. It's beyond the point of being patched. The cinderblocks are also wet to the touch - massive moisture issues. No work has been done yet - all that money has just gone to demoing basements and bathrooms and finding out what is actually happening and creating plans to fix it.

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Re: Real Estate Fraud
Posted by: likely problem ()
Date: April 06, 2016 11:15AM

OPs husband was testing out explosives in their basement


10369401_1459717727.7833_funddescription


Now the foundation is falling apart

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Re: Real Estate Fraud
Posted by: mjs ()
Date: April 06, 2016 11:38AM

NAME AND SHAME you tard...

go to fox 5 ABC ect.

if you had a certified foundation guy signon off onit and its failing in 6 months. sue that motherfucker.

crack in drywall happen. no need to disclose that.

once tings are repaired. the seller has no obligation to disclose.

if my hot water heater element failed and I replace it. I don't have to tell a buyer that it broke and I fixed it...

if I had a leaky pipe and I fixed it I don't have to tell...

if there was a crack in the foundation. the seller might not have known it was a structural issue and thought it was cosmetic so they filled and painted. again nothing to disclose... since they don't know the extent.

if the seller is not aware of a problem they don't have to tell you. This is why most flippers never get professional inspections done they buy the houses as is. if there is an inspection and it notes a problem then its something that they have to disclose unless they fix it...

buying a home is very much caveat emptor..... you get an inspection to help mitigate your losses, but is in no way a guarantee...

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Re: Real Estate Fraud
Posted by: Straightstuffagent ()
Date: April 06, 2016 08:04PM

This is all to common in the industry. Buyer does not retain a BUYER AGENT.It is likely that an experienced fiduciary buyer agent would know that where that home is located is a hotbed of marine clay type issues. Extra scrutiny is required... Looks like buyers purchased without a BUYER REP, using the "limited service" listing agent. They referenced this person as THEIR agent. He was not.

Sigh...

I would:

File a complaint with DPOR against the limited service agent-what did he know?
You might also get a little surprise when you run his name, which will make you shudder a bit...

The owners- yes, she is an agent. I would go that route as well.


It can not possibly cost 200k to remediate this. I think that the sellers, only because one is a Realtor, will "play ball" for a settlement. get other opinions o0n fixes...it cannot be that much, on that house.

Sadly, some companies wi8ll license anybody. The barriers to entry in this biz are incredibly low. Those of us who are proud of what we do and who have some sense of integrity cringe at these situations.
FIGHT....gofund will not get you the relief you deserve!

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Re: Real Estate Fraud
Posted by: Jeff S. ()
Date: April 06, 2016 10:47PM

6024 Telegraph Road in the Wilton Woods subdivision is right in the middle of mapped expansive clay area of the County. It is also adjacent to floodplain and RPA. No great surprise that a 55 year old house would be having issues.

Only curious thing is that with all the work being done on the house the past year, nothing was ever inspected by the County. The last permit for any work on this house was from 1995.

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Re: Real Estate Fraud
Posted by: 'sealed and signed' ()
Date: April 07, 2016 08:05AM

AshleyJosephine Wrote:
-------------------------------------------------------
> @TaxPayerBoi I don't EXPECT help from anyone, I'm
> just alerting the community to something that has
> happened and is happening. I never want this to
> happen to another family.
>
> We are reasonable, thorough people and absolutely
> understand Buyer Beware. We got a quality
> inspection, but it's hard to see things that are
> covered up behind drywall.
>
> Everything that was questionable in the inspection
> we negotiated and were given receipts to prove
> everything was fixed. Our realtor double-checked
> everything (we later learned that was a lie). We
> have a sealed and signed document from a
> structural engineer certifying that the foundation
> was sound.
>
> Not much else we could have done on our end.

Dude you have a solid case against the engineer - you should be able to hire a lawyer on a contingency basis for that depending on the wording of the engineering opinion. 'sealed and signed' sounds pretty official. They have errors and omissions insurance and will be covered. If all is as you say the insurance is unlikely to go to court and will settle with you.

If your realtor (is he a 'realtor' as well as an agent?) misrepresented the truth that is a violation. Recall however, the agents are usually the fiduciary of the seller and only have to be 'fair' to the buyer - you had no representation unless you had an exclusive agreement that the agent was representing you.

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Re: Real Estate Fraud
Posted by: (Marumsco soil) ()
Date: April 07, 2016 08:21AM

Look here http://www.fairfaxcounty.gov/gis/DMV/soln/2008/82-4

that whole area is built on clay (Marumsco soil). This had to have been disclosed or discussed in the engineer's report.

What is marine clay?

Marine clay is a type of soil found in parts of Fairfax County and northern Virginia that has a high potential to swell upon wetting and shrink upon drying. It consists of clayey and silty soils that have poor drainage properties, low bearing strength and can cause slope instability/landslides.

Where is marine clay found?
Marine clay is found in the Coastal Plain, which in Fairfax County is the general area located primarily east of Interstates 95 and 395, in the Mount Vernon, Lee and portions of Mason districts. Marine clays are labeled on the county soils map as either "Marumsco soil" or "Previously Mapped Marine Clay." For specific mapping information for your area, search the soils map by address using the County's Digital Map Viewer. The most recent soils information is found on the 2011 soils map. For further information contact the Northern Virginia Soil and Water Conservation District at 703-324-1460, TTY 711, or the Engineer of the Day at 703-324-1575, TTY 711.

How can marine clay affect my property?

Without adequate engineering design and construction of a foundation, several types of problems associated with these soils can exist or develop with time:

Large lateral pressures can be exerted on basement walls due to poor drainage and swelling soil pushing against the wall, resulting in structural cracks and shifting.

Shallow marine clays beneath the foundation can shrink and swell, causing uneven settling and cracks in floors and walls.

Any change to the geometry and/or loading of the slope or large amounts of rain or snow can trigger down-slope movement of the ground that could eventually undermine the foundations of buildings, retaining walls and utility lines.

How can I be sure my problem is due to marine clay?

Not every crack in a house will be caused by marine clay. Weather patterns can provide clues to identify marine clay damage. For instance, foundations on clays may settle during extended dry periods, especially during the summer; wet periods may increase swelling pressures on basement walls; slope movement typically occurs during wet periods of the year. Cracks caused by marine clays tend to open and close with changing moisture conditions. Often, several houses will be affected in areas which are experiencing marine clay problems. Check to see if any of your neighbors are experiencing similar problems.

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Re: Real Estate Fraud
Posted by: Jeff S. ()
Date: April 08, 2016 10:22AM

Good points, Dr. Soil. Or can I call you Marumsco?

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Re: Real Estate Fraud
Posted by: bn ()
Date: April 08, 2016 11:37AM

All this talk of nonsense, and no one has yet to mention the camel toe in the first pic of that link.

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Re: Real Estate Fraud
Posted by: Diligent ()
Date: April 09, 2016 02:32PM

Cinder block foundation walls are crap as far as I'm concerned. Yes they were once commonly used, but now a lot of people are seeing what the effects of 50+ years of moisture can do to a few inches of concrete separated by air gaps. Look at any block left in damps areas, and you'll see how they turn to sponge within a few years. Of course they *should* have used rebar and concrete in the gaps, to strengthen and stiffen the walls, but more often they didn't, or not entirely. All you are left with is relying on is 1/2 - 3/4" of mortar to hold it all together. Marine clay or not, these walls are susceptible to any sort of moisture penetration and ground movement.

Besides crappy foundation walls and poor soil, how was so much water getting up close to the house in the first place? All downspouts should drain at least 6 feet away from the house in a downward direction and the ground should be graded away from the house. And no, mulch beds don't count towards that grading.

Did your home inspector point these things out to you? He might not have been able to see the interior side of the foundation wall, but he might have been able to see it from the outside and determine what type of wall it was. Did he check the downspouts and grading? That could be an indicator of potential water problems. Was there any ground subsidence around the house? As an inspector I would point all these things out and advise the buyer to have them checked out further. I also try to do research on a house's location to see if there are any other things, such as soil conditions and sketchy permit histories and put that in reports. There more you know, the better.

Also, you should have been extremely diligent in your research if you knew that it was a flipped property. It's almost a given that the flippers were going to take shortcuts somewhere along the line. If you didn't know, seeing that an older house changed owners a year or two ago and was now back on the market should have indicated to you that it was a flip.

And if you are at $200k in costs to rebuild, you might as well rip the house down and start from scratch. A 50 year old house is probably using galvanized steel pipes which are at the end of their service life and the electrical probably isn't too far behind. You are probably going to have to do a whole-house replacement of those systems in the near future anyway which is obviously going to be cost a bundle and will tear your house to pieces.

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Re: Real Estate Fraud
Posted by: Liquidat1on ()
Date: September 28, 2021 05:29AM

I didn't try to figure out the intricacies of the mortgage lending process in my country on my own. Trying to save a minimal percentage on a professional can result in a loan denial, and lack of funds often puts an end to a dream come true.When I was in doubt about getting a bank loan I contacted Mortgage Advice Essex , I don't understand much about the law so they explained everything to me in detail. My credit history was fine, which is very important. I don't like mortgages, loans and all that goes with it but I had to go to a service like this. ?verything is fine so far.



Edited 1 time(s). Last edit at 09/29/2021 04:15AM by Liquidat1on.

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