SELLERS & SEEKERS REAL ESTATE

On September 2nd 2015 Tim Meyer and Jen Meyer entered into a purchase agreement with Wendy Fountain Broker for Fannie Mae. In the purchase addendum it states the buyer was responsible for any inspections except for well and septic. It also states that seller must provide septic inspection by no later date than September 25th 2015. On September 17th 2015 the buyer scheduled a home inspection and buyer was notified that the property was de-winterized. The addendum states If the seller has winterized this property and the purchaser desires to have the property inspected, the seller's listing agent will have the property de-winterized prior to inspection and re-winterized after inspection. It is noted in the home inspection report that the property was not de-winterized. October 26th the septic inspection was complete, but Wendy did not supply until October 29th 2015 (the day before closing). The septic inspection indicated that the system needs replacement or major repair. Wendy violated Iowa chapter 558A.6 by failing to exercise ordinary care in obtaining disclosure information by not de-winterizing house for home inspection and by waiting until the day before closing to provide septic inspection results. Chapter 558A.6 of Iowa's real estate disclosure law states The transferor, or a broker or salesperson, shall not be liable, unless that person has actual knowledge of the inaccuracy, or fails to exercise ordinary care in obtaining the information. Ordinary Care: the care that an average reasonable Realtor exercises to prevent harm to the person or property of others and failure to exercise which when under a duty to do so constitutes actionable negligence on the part of one causing such harm. When Wendy negligently did not de-winterize the house this directly affected the accuracy of the home inspection and furthermore by waited until the day before closing before she supplied the septic results she did not perform ordinary care and as such caused harm to the buyers. A complaint was filed with the BBB, but Sellers & Seekers failed to respond. Sellers & Seekers currently has a D rating with the BBB.