The agent was wrong to say that he would have the drywall replaced because that left you with the impression that the problem was “fixed”. You now know that you should have done more research before handing over any money; or you could have handwritten that the leak was 100% fixed.
You would be due a rebate for the days you could not use the property. But your lease would still be valid.
Your complaint goes to the Department of Real Estate and to the broker/owner of the brokerage..
If A Real Estate Agent Leases A Commercial Space Knowing Things Are Wrong. Does He Have To Tell You?
I recently leased a space that had flooded due to a water leak in the bathroom. The Real Estate agent said he would have the drywall that was torn out from water damage, replaced. When I took control of the space and had the water turned on, water shot out everywhere from a bad valve in the bathroom that was not fixed. I also found out I share a water meter with the tenant next to me, and all of the water is heated from my water heater. The place is vacant but I have nothing in the lease that does not hold my liable for their consumption. In a nut shell this agent did not give me all the information that I feel would have been nice to have. Can I turn him in to an ethics board of some kind? I live in Texas. Any input would be much appreciated.
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Ed Atun
July 5, 2009