More on the Complaint (04-21-11)

It takes me some time to make a decision, but here goes.

Inasmuch as it would be easier and simpler to just forget the whole thing and to move one, I still owe it to myself to stand up against a situation in which we were clearly prejudiced, perhaps even willfully. I would have no respect for myself if I didn't try to do something to correct the situation.

So, yesterday, I went to file in Small Claims Court in Oregon City, not only against the ex-owner, but against her agent as well. There was too much aggravation over this transaction, and the agent ultimately had the responsibility to to corral her seller, and to make sure that the disclosure form was truthful and thorough.

So she's playing with us... (04-08-11)

Our previous owner's response, dated March 9, was not surprising, yet it was stunning because of the bad faith it revealed.

There was nary a mention of the photos I had sent of the water pooling against the foundation when it rained, nothing about the omissions on the disclosure form, but, rather, some vague statements where our lady:

1.) claims to be defenseless: "...as a single woman living alone I had no particular ability or experience to know more than I disclosed." We are in fact dealing with a commercial real estate agent who must be experienced enough since her name consistently comes up on at least seven consecutive pages of Google searches.

2.) says that since we had a house inspection, all is well.

3.) has the nerve to claim that she did all required repairs to our satisfaction.

4.) congratulates us for doing the excavation: "...from the photos you included it appears you have done a great job of getting that area ready for planting and I am sure it will be lovely."

I contacted our real estate agent, to inquire if there had been any contact from the ex-owner's agent, and his inquiry generated a polite certified letter addressed to us, where the other agent tells us she appreciates our keeping her "in the loop" and asks us to keep her "informed of all future correspondence."

The same day, we got another copy of the ex-owner's letter, this time via certified mail; the only difference this time around was that she didn't use a fancy calligraphy stamp with her name and address on the envelope.

I am going to give some thoughts to my next move...

Gotta Mark the Date (03-04-11)

Today, it's been one year since the house has been in our name.

And what a year it has been! We have lived through unforeseen problems and break-downs, many repairs, but also through too many family-related upheavals... Here we are now, one year later, broke, beat, battered and bruised.

Would we do it again? What do you think?

Finally, I Made a Complaint! (02-25-11)

Over the last year, I've been crying and whining about the problems we've had with the house, either about the dysfunctional transaction or about repairs the previous owner promised to do but ultimately didn't. And every time I finished telling my tales of woe to whoever was patient enough to listen to me, I'd conclude by stating that I was, for sure, going to make a formal complaint against the previous owner. Then, some catastrophe would happen, and I would be distracted with another pressing issue.

It was like a background nagging, a constant burden. And it was infuriating, especially after moving in and finding out how many problems there actually were with the house, and I am not talking about an errant Hobo spider here or there, although by itself, that would be enough to get me freaked out.

Well, I finally did it! It took me months, but I finished my letter to the previous owner, and sent it off yesterday. In it, I list some of the problems we've encountered and point out that these issues ought to have been disclosed, and ask for payment of repairs to be done, as well as for reimbursement for work already done. For good measure, I also included colors photographs, estimates, receipts, notarized statement from the lady who was renting part of the house, and the 911 report about the undisclosed January 2010 frozen pipe incident.

Depending on the speed of postal delivery, this may have been already delivered today, or maybe tomorrow...

Here is the letter I sent.


[First and last name] and [First and last name]
[Street address]
[City], [State] [Zip code]

                         

14 February 2011

[First and last name of previous owner]

[Street address]

[City], [State] [Zip code]

[First and last name of previous owner’s real estate agent]

[Name of real estate agency]

[Street address]

[City], [State] [Zip code]

Cc: [First and last name of previous owner’s agent’s broker] [Name of real estate agency]

[First and last name of our real estate agent] [Name of real estate agency]

[First and last name of our agent’s broker] [Name of real estate agency]

Re: Disclosure Form

for sale of property located at

[Street address] [City], [State] [Zip code]

Dear Madam,

I am writing this letter in regards to the disclosure form you provided for the property located at [Street address] [City], [State] [Zip code], which we purchased from you on [Month and day], 2010.

In light of problems that have emerged since the purchase of this property, we are notifying you that there were issues you apparently were aware of, but did not report on the property disclosure form even though you were mandated to report them by [Name of state] law.

In light of the fact that the property has been your main residence for several years and was recorded in your name since [Month] 1998 after being in your parents’ name as early as of 1997, a reasonable expectation is that you would have acquired direct and intimate knowledge of any problems that may have emerged during those years.

The problems mentioned above are:

1.     The foundation repairs that were to be done as part of the transaction were not completed; the foundation is in fact in poor condition and this state is likely related to some of the factors listed below.

2.     The large mound of dirt at the back of the property has caused rain drainage runoff to flow and pool against the back foundation wall of the house.

3.     According to the landscaper who installed the sprinkler systems in ca. 2007, French drains were installed, to alleviate drainage problems in the berry garden area “due to a flash flooding to the back of the house during a storm sometime in about 2007.”

4.     Your tenant, Ms. [First and last name], revealed to us that the water pipes to the tenant kitchen burst in winter 2009-2010 and resulted in a 911 call.

5.     Ms. [Last name] also informed us that the pipes to the main house kitchen also burst under the house sometime in winter 2009-2010.

6.     The gutters were in such bad condition that they leaked or poured every time it rained, and contributed to the water drainage problems.

7.     The perimeter of the main house is permanently wet in spring, fall and winter.

8.     Due to water accumulating against the perimeter wall of the main house, there has been some seepage of water under the house, contributing to possible weakening of the foundation.

As the owner and occupant of the main house, you had to be aware of this issue, especially since you agreed to make repairs to the foundation as part of the sales purchase.

9.     The sprinkler system attached to the neighbor’s property (at SE corner) actually waters large portions of our property, including lawns and large shrubs.

10.  The drainage collection pond that we are required to maintain and recorded on the title is not there. As party to this agreement with the [Name] Sanitary District, you had to be aware of this issue and report it in the disclosure form.

All of the above should have been noted on the Property Disclosure form and were either left off, or marked “unknown.” Marking “unknown” to questions pertaining to water seepage or drainage issues does not relieve you of the obligation to be truthful. According to the [Name of state] Association of Realtors, “Answering “unknown” to avoid disclosure of known information can be considered a form of fraud.” ([Website address]). Surely, even you, a real estate agent with an active license in the State of [Name of state] would be aware of that.

The factors above affect the property value in a detrimental manner and, had we known about them, would have fully been influential in our decision to not purchase this property after all. We feel that we have been defrauded by your negligence and request some financial compensation to address the issues in question.

I am including estimates for necessary foundation and drainage repairs, as well as receipts for corrective work already done, such as excavating the mound of dirt to level the ground in a manner that water will not run against the house, as well as installing properly working gutters.

My husband [First name] and I acted in good faith during this transaction and expected the same from all parties involved, including and especially you, since you are a real estate agent with an active license in the State of [Name of state], and are consequently bound by strict ethical guidelines.

We expect to be reimbursed for the costs incurred so far and compensated for those that still need to be carried out. That done, we would give you full release from any further issues with the property, including the foundation.

                                               

[First name] and [First name and last name]

Tree Fall (02-16-10)

One of the flowering plum trees fell down the day before yesterday. It wasn't even terribly windy outside... It was one of the trees that framed the lovely Shade Garden, and I am not sure about what to do for a replacement (like, in case we unexpectedly come into money)...lilacs, or even the cherry tree I got for my birthday? I wish we could just pick up the little plum tree and set it back straight in its hole, roots and all, problem resolved, nothing to dispose of!

Before and After: December 2010 and February 2011

Before and After: January 2010 and February 2011

Chaos After the Vintage Flea Market (02-10-11)

The Vintage Flea Market was a great success! (I wrote about it in some details on my No Ducks and Bunnies Vintage blog.) I am now trying to make sense of the things I have brought back from the show.

We've been here for now 11 months, and the house still looks like a disaster. The idea of getting the shed/studio done was a great one, but it's taken way more time than it should have. Despite taking many things to Village Merchants or Goodwill, there are boxes all over the house, some I haven't even had a chance to open yet!

Moving In! (01-30-11)

What a day! I finally started moving things in the studio! Of course, it's total mayhem inside. It's going to take me a while to sort all this stuff and get it put away.

Sturio Interior Views

From left to right and top to bottom:
- Photo1: The big table in the foreground was displayed in pouring rain in front of an interior decorator's shop in Sellwood; it was a bargain at $60.
- Photo1: The gorgeous pine wardrobe in the corner was found on Craigslist.
- Photos 3 and 6: The big cabinet with the doors and shelves was a rare find from the Rebuilding Center.
- Photo 5: Of course, there is the Warped Table, a unique find from Tropical Salvage; they thought I was crazy when I bought it (for a pittance); the table is so freakishly wavy, it's like something one would expect the Mad Hatter to use.
- Photo 4 and 5: The small Restoration Hardware bookcase was only $60 on Craigslist.
- Photo 4: I got the library card file cabinet years ago when Jackson County Library was converting to computers.

Final Touches: Baseboards (01-24-11)

Everything about the Shed/Studio Revamp project has been meant to be done economically. Of course, this has not worked out in many cases due to contractor-related surprises, but that was the initial plan. Since Gary lost his job recently, we really are on a shoestring. 

We went to the Rebuilding Center hoping to find some materials we could use for baseboards. It was disheartening to look through the warehouse, and see only piles of junk stacked up against the walls, old cracked planks thick with chipped or peeling paint, nothing that one could imagine to be useable... Finally, we located some beat-up siding, and figured out that it could work out...despite the $30 cost (now, I know, that's a minimal charge when it comes to construction materials, but it was in pretty bad shape).

Once home, Gary braved the cold to install the makeshift baseboards in the studio. The look is now genuinely shabby chic!

Lots of Work Ahead (01-06-10)

My head has been spinning the last few days, ever since I found out that I had been approved as a vendor at the Funky Junk Sisters' Junk Salvation Flea Market in February! It's a challenging task to sort the furniture I have collected and stored under the carport, especially since I don't like the cold weather.

The coupon below is good for $1 off the entry fee on the day of the show. Come visit!

Work on the Studio Exterior (12-31-10)

In retrospect, the hardest part of the project has been to find reliable contractors; in addition to Gary, this carpenter is the sixth contractor to work on the shed/studio.

Replacing the missing battens

End of Year Wrap-Up (12-31-10)

While I was working in the yard this morning, I was thinking of the the things that drive me. I am passionate about my little crooked house with the crooked floors. I am passionate about making it just right and cozy for us, our home, a refuge beyond the reach of the world.

A Day of Work (12-31-10)

I spent all morning and most of the afternoon trying to get some yard work done before there is another freeze. Lots of work today: I turned the dirt over in the garden area, to discourage the weeds from settling down for the winter. I stacked up away from the house all the wood logs Gary had split and left near the carport. I carried a lot of the wood debris left behind the studio (aka shed) by previous contractors to the side of the trailer, for a future trip to the dump. Valérie and Julia brought all the trimmed rose branches from the rose garden area and put them in the trailer, with the rest of the yard debris. Then, I went down to the rose garden and trimmed half of the lavender shrubs at the front of the property, and the big hydrangea near the front porch.

One of the pipes at the back of the house behind the laundry room may have burst: there was a long trail of ice along the side of the house, not a good sign...

On a positive note, the outside of the studio is finished, as far as the missing bats are concerned. My friend Julie Olson gave me the phone number of a carpenter who seems to know what he's doing (a nice change, since the last 10 months have been been a wild ride). He worked pretty fast, with no gloves on. Yet, it was so cold in the morning, I couldn't even feel my fingers inside my gloves...

Gutter Installation (12-21-10)

After getting estimates from 14 different people, I thought I was going to go mad! In the end, I ended up choosing the... first guy! Happy-go-lucky, with a gentle sense of humor, he gave me the assurance that he wasn't out to take advantage of us, but to do a good job. I was able to get the last 30 ft. box of foamy rain filters Costco carried in the state, and he provided the missing 30 ft. What a difference with the guy who tried to sell me 60 ft for...$410! We may have a few low spots where the water will accumulate, such as the corner of the porch roof, but that remains to be verified when it rains a lot.

The gutter machine molds flat metal into 5" gutters.

The gutter for the upper roof is ready.

A nice change: a straight upper gutter.

The Lights are Installed! (11-20-10)

I never thought this would ever happen, but we finally got the lights installed in the studio (can't really call it a "shed" anymore).

The big chandelier was in the dining room when we bought the house, and I immediately hated it with a passion; it was too big for the small room. ( It made me think of a monstrous space alien mothership looming in the sky, with tiny people running in panic on the ground.) But in this space, it looks just right.

The light in the foreground is a lovely small 3-light chadelier I got it at Hippo Hardware many years ago. It was on the upstairs landing in our old house, set with flickering flame bulbs (it drove Gary nuts, since it didn't light the staircase at all).


Next in the project is coating the OSB floors with polyurethane, to protect them and give them some sheen.

Ideas for a Fence (11-18-10)

I drew this sketch to try to get a visual idea of what a fence would look like in the lower part of the property. Right now, there is no fence because the old fence erected in the early 1980s was all rotted out and had to be taken out. Unfortunately, there is just not a way to get a new fence at this time, for lack of funds...

Fence idea.

Rain and Water Update, etc. (11-11-10)

Gary was able to patch and repair the back gutter and downspout. The issue is not totally resolved, but with this temporary fix, we've gained a few days to get a couple more gutter estimates. And at least, I sleep better when it rains.

We live on a hill...

Water Issues (11-06-10)

This freaky weather is just killing me. It's been raining pretty hard for a while, and all I can think of is the missing gutter at the back of the house, with pouring water saturating the ground touching the area where there is a missing segment of concrete foundation wall. I don't know what to do, because none of the gutter contractors I talked to made me feel confident about how this project would evolve; but not dealing with the issue at all is clearly not the right solution either.

An Incredible Find! (11-06-10)

I was browsing at Portico when I came across this superb chaise in the back of the store. It looked absolutely perfect for the studio (if and whenever it gets done...). I hope there won't be any bad surprises with this purchase; I still remember the Toxic Couch of a few months ago...

Are there any competent gutter contractors around? (11-03-10)

No kidding! I learned a lot about gutters in the last few weeks: steel is terrible because it rusts; aluminum is terrible because it expands; wedges will work to support the gutters; wedges won't work because of the angle of the upper fascia board; screws are the best; screws are impossible to remove; spikes are the best; spikes damage the wood underneath; corrugated downspouts are in; rectangular downspouts are the best; metal filters can't stop pine needles; fibrous spongy filters will literally save mankind; 5 inch gutters is perfect; no, only 6 inch gutters will do the job...

And, so far, thirteen guys came over to look at the gutters. As already demonstrated, contractors come in every types imaginable.

Here are some highlights:

- The Reconverted Happy-Go-Lucky-Marginal: comes in an old beat-up truck, steps off, takes one looks at the gutters, and exclaims that he knows exactly who did the job! When I ask who that might be, he refuses to tell. There is nothing to replace, he says: it can all be repaired. I am bemused. What about the bowed porch gutter at the front, with waterfalls of rain pouring down the middle? No worries, life is too short; it can all be repaired. What about the upper gutters that look like they're hanging by a thread? All fixable. He hands us a scribbled estimate, with vague descriptions of repairs to be done.

- The Hostile Slavic: acts clearly annoyed to be here, but he can do "everrrrything, everrrrything!" (The accent never ceases to delight me). But I need to commit now, because of the "special prrrice." He leaves several enticing messages over the next three weeks. He wants to come over, to do the work, for the special price. He wants me to call him back, please, "special prrrice." When I finally call back, he is dismissive and hostile; there is no special price. He never left a message. The price is the price.
Yet, the temptation is great: the price is rock bottom low, but with no details about any materials used. A check of his license number on the Contractors' Board website reveals a myriad of business licenses tied together, some of them pulled as a result of disciplinary actions...

- The Old Timer: has been in business for 30 years, and makes his own gutters in his metal shop. He does not need to measure; he looks at the gutters, hem and haws. We got some tricky stuff here, he says, but he can make things right. He can put wedges to secure new gutters on the upper roof, and it'll be fine and dandy in no time.
As would be expected, he is not Internet savvy, and leaves a message on my phone: he'll do the work for $1,800. Not wanting to solely rely on my memory when making a decision, I call his office and request a written estimate. The estimate comes in the nail a few days later, for $2,200. I call again point out to him the apparent discrepancy. He calls me a couple of days later; he says he made a mistake the other times; the estimate is now for $3,100!

- The Mellow Man: is very nice and has an interesting and unusual product to sell: half-round gutters. They look like some of the pretty cool-looking gutters I saw in (Eastern) Europe in September. Unfortunately, these gutters are made of white vinyl (looks suspiciously like PVC to me). I am not sure they will last, and plastic makes it looks kinda slapped together. I don't know how to nicely thank him for coming over.

- The Aggressive Salesman: on the phone, he volunteers that he has been in business for 19 years and had only two complaints during that time. He promises to call back the next day, but does not for several days. When he finally comes by the house, he seems belligerent. He talks down to me, points out that the roof is bowed at the front (Well, duh!). I interject that, yes, it is, but the gutter is also bowed in the opposite direction. Amazingly, he argues with me that I don't see it right: the roof is bowed, he claims, but the gutter is straight! He then suggests that we ought to rebuild the roof, to straighten it! When I ask him about the advantages of aluminum vs. steel, and question another one of his peremptory statements, he answers that he has been in business for 19 years and had only two complaints during that time (feelings of "déja entendu"). I can't put my finger on it, but this guy gets on my nerves, big time. He claims that he can fix the upper gutters. I point out to him that they are pretty twisted. I suspect that his motivation is due to the placement of hanging straps if new gutters are installed. I need, he then adds, to get some expensive spongy filter that sits flush with the opening of the gutters, and nothing will clog the spongy material; wet leaves will be blown off by the wind, as if by magic. This is the only filter material I ought to use. He leaves me with a brochure to read about this revolutionary product (imagine a very thick kitchen scouring pad).

So I am still looking... In the meantime, the coming rain season is an issue because we are missing a section of gutter at the back of the house.

Halloween (10-31-10)

Even though we still aren't settled in, I wanted to make an effort for Halloween.

I got some old lanterns at the Goodwill Outlet, spray painted them matte black, put candles inside them and placed them along the path to the porch. The old skeleton was dusted off and arranged on one of the chairs. The living room and dining room windows were decorated dark wreaths on the outside and with skulls and raggedy stuff on the inside. There were also three or four real garden spider webs within close vicinity to our Halloween decorations. Perfect.
We got over 20 visitors; not bad at all... And it was validating to overhear one kid comment to one of his companions that he got re scared when he first saw the rubber snake on the floor of the porch.

Creepy Creatures Crawling Out (10-25-10)

Tonight, Julia mentioned to me that she had seen a very scary-looking spider inside the window over the kitchen sink when she got up during the night. I tried to get her to give a description of what she saw, but all she could tell me was that it was a really scary-looking spider. I asked her if it perhaps could have been one of the Mondo spiders. No, and it wasn't a sort-of-cutish (!) one, like those we have in the yard (that would be, the huge garden spiders that have been spinning webs all over the front porch). She said the spider climbed back to a hiding place inside the opening for the window weights. As it turns out, shortly telling me about this, she called out urgently. There was the spider, dark, ominous, shiny and hourglass-shaped. All the commotion was too much for the beast; it retreated inside the window frame. I checked the web, and it was crinkly as I expected: a bona fide black widow. Crap. All we need.

Then, a few minutes later, Julia pointed out what seemed to be a small carpenter ant on the kitchen floor. Crap again.

Unrelated, Valérie called and asked if we had seen any Mondo spiders inside the house lately. I answered that we hadn't, and we both agreed that this was very suspicious.

A few hours later still, as Gary and I were sitting on the couch in the family room, checking out some garden lanterns I bought at the Goodwill Bins, which I thought would be perfect for Halloween, as I tried to wipe off one of those cloudy white spider egg sacks, a gazillion tiny eggs fell out and rolled all over the coffee table...

Aaaarrrgh!

Peacock Window for the Living Room (10-17-10)

Jennifer Hanson made this beautiful mosaic glass window; a natural spot for it was in the living room, next to the piano.

New Flower Windows for the House (10-17-10)

I got some gorgeous windows from Jennifer Hanson again. I absolutely love them.

Stunning at night when the light is on indoors.

This one is in the staircase.

Gorgeous Windows for the Art Studio (10-17-10)

I liked these windows the minute I saw them on Jennifer Hanson's website. The problem was their horizontal orientation, making less than ideal for the vertical window frames in the dining room or the living room. It turns out that the only place where these windows will fit is the Art Studio...

And Here is the Artist... (10-17-10)

...the amazing Jennifer Hanson, who created the lovely mosaic glass windows I mentioned in previous posts. She came to deliver more windows and very kindly hung them up.