Public Mediation

My Claim vs. D.S. Murphy & Associates Dispute

Al vs. Joey Cobb
5400 Laurel Springs Pkwy Ste 407, Suwanee, Georgia, 30024-6064, United States
Amount Involved: $17,789.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 4494091
    • Amount Involved: 17,789.00
    • Filed On: Oct 10, 2013
    • Posted On: Nov 26, 2013
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaints Involved (4) - View
Claimant says:
"I recently purchased a home on 8/29/13. Mr. Cobb was the appraiser for my home.Below is the list of repairs Mr. Cobb stated the home would need to pass inspection.
The dwelling will meet HUD's minimum property standards for existing dwellings as outlined in the HUD Handbooks 4150.2 & 4905.1 once the following repairs and passing inspections are made to home:
-INSPECTION BY TERMITE/PEST CONTROL COMPANY DUE TO EVIDENCE OF WOOD DAMAGE AT DOOR FRAMES EXTERIORS & REPAIRS AS NEEDED TO WOOD DAMAGE -INSPECTION BY LICENSED ELECTRICIAN OF BONUS ROOM/FORMER GARAGE(THIS AREA IS NOT PERMITTED BY COUNTY AS FINISHED AREA AND HAS MOST LIKELY NOT HAD THE PROPER INSPECTIONS COMPLETED AS WELL AS NOTED BY APPRAISER AS HAVING NUMEROUS WIRES LOOSE AND UNCAPPED IN CEILING) -INSPECTION BY LICENSED ELECTRICIAN OF WIRING/OUTLETS OF SUBJECT INTERIOR SUCH AS KITCHEN AND BATHS WHICH DID NOT HAVE GFCI OUTLETS(REPAIR AS NEEDED) -REPAIR MISSING LIGHTS THROUGHOUT HOME/UNCAPPED LOOSE WIRES -REPAIR CRACKED TILE IN BATH OF MASTER BATH AND CRACKED MARBLE SINK IN MASTER BATH(LEAK HAZARD) -REPAIR/REMOVE LAMINATE WOOD FLOORING WHERE MISSING AT PORTIONS NEAR DOORS, ETC AS IT IS TRIP HAZARD AS IS. -REMOVE WOOD AT DOOR TO BONUS/PRIOR GARAGE AREA(TRIP HAZARD) -REPAIR BONUS ROOM/PRIOR GARAGE WHERE THE GARAGE DOOR WAS LEFT IN PLACE AS IT IS NOT WATERTIGHT CURRENTLY AND HAS SOME EVIDENCE OF WATER DAMAGE AT BOTTOM PORTION(MOISTURE EVIDENCE AT FOUNDATION NEAR GARAGE DOOR) -INSTALL SMOKE DETECTORS IN KITCHEN AND ON SECOND FLOOR OF HOME -INSPECTION BY PLUMBER OF BATHROOMS FOR WATER LEAKS AS THEIR ARE SEVERAL STAINS BELOW BATHROOMS ON CEILING AT MAIN LEVEL. REPAIR WHERE NEEDED.
The first inspection report was on 4/22/13. The day of my walk through I noticed a few things that had not been repaired. The doors were still off the hinges, still a trip hazard,,and a light switch was still uncovered. Pictures were required for every area. Mr Cobb took pictures of the Jack and Jill sinks ,but he failed to take a picture of the area with the toilet and tub, that is the second bathroom upstairs. The toilet has loose tiles around it. Mr. Cobb did state that both bathrooms needed to be checked due to the evidence of leaking in the ceiling downstairs in the pantry. I went through a program that helps disable people like myself buy a home instead of renting.(Georgia Dream Home Ownership program). The program required I have my own home inspection done, and for Mr. Cobb to review. In that report there were pictures of that bathroom and the loose tiles . It was also stated the the sub-wood floor needed to be replaced along with the tile. In Mr. Cobb's final report he took pictures of the repaired marble sink but failed to get the uncapped light switch right above it. He took a picture of it in the first report. He took a picture of mold in the garage and stated that there was a moisture problem, the mold was not cut out only painted over. In his final report he still failed to take pictures of the 2nd bathroom. The picture he took of the door was still off the hinges and there were other doors still off the hinges. On 9/2/13 while taking a shower I discovered the water heater was not working,and I later found out it was against code for the water heater not to have a expansion tank . After getting out of the shower, I discovered water flowing out of the walls, from then on when we flush or ran water, the water would flow from the wall into the dinning room and the toilet downstairs would over flow. The plumber who came and snaked the pipes was amazed the house passed inspection. He explained to me all it took was too turn all water faucets on for 10-15 minutes to check the water flow. My Realtor Tiffany McLaughlin was also amazed the house passed inspection with the things that were not done during our walk through and she is going to be held accountable for her non action as well, along with the seller Kent Miller. Everyone involved in the purchase of this house is passing the responsibility. I have spoken to the FHA and they have opened a case on this matter. Mr Cobb failed to inspect this property to highest level of quality, important repairs were not completed. I was expecting to move into a move in ready home, with free flowing hot water,I got neither. And due to the unclarity of Mr. Cobb's report , the dining area flooring was removed instead of the thresholds of broken wood."
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Exhibits View
Additional Communication Between Claimant and Joey Cobb Hide
  • Oct 16, 2013, Claiming party added:

  • I did have a home inspection and It was a requirement of the Georgia Dream, that you look at the home inspection it is documented, and there was a amendment of additional repairs the seller was responsible for the repairs. Not once did you take a picture of the upstairs toilet in the jack and jill bathroom, the tiles were clearly loose and my inspection did state it needed to be replace. My agent didn't do her job to push for these repairs, and the seller falsified the repair reports also documented. Your report did state that there was a leak and to check both bathrooms. They did not do anything to the second bathroom and the ceiling still has leaking. You signed off on it. It was a joint effort of mistakes being done. By the HUD handbook the dwelling should have hot free flowing water and proper drainage, which I clearly did not have. I have documentation of all of these things I will see you in court

  • Oct 16, 2013, Claiming party added:

  • I have report this matter to the FHA and they have started a case. This house was not up to HUD code 4150.2 4905.1. Required repairs are limited to those repairs necessary to preserve the continued marketability of the property and to protect the health and safety of the occupants. 2. Hazards The property must be free of all known hazards and adverse conditions that: o may affect the health and safety of the occupants o may affect the structural soundness of the improvements o may impair the customary use and enjoyment of the property These hazards include toxic chemicals, radioactive materials, other pollution, hazardous activities, potential damage from soil or other differential ground movements, ground water, inadequate surface drainage, flood, erosion, excessive noise and other hazards on or off site. . Drainage The site must be graded to provide positive drainage away from the perimeter walls of the dwelling and to prevent standing water on the site. Signs of inadequate draining include standing water proximate to the structure and no mitigation measures such as gutters or downspouts. For specific instructions about noting this information in the VC form, see VC-3 in the protocol (Appendix D). If drainage is inadequate and needs improvement, mark "YES" in VC-3, make a repair requirement, condition the appraisal on that requirement and prepare the appraisal "as-repaired" subject to the satisfaction of the condition. 3-9 4150. 2 (3-6)5. Water Supply And Sewage Systems Each living unit must contain the following: o domestic hot water o a continuing and sufficient supply of potable water under adequate pressure and of appropriate quality for all household uses o sanitary facilities and a safe method of sewage disposal Connection must be made to a public water/sewer system or a community water/sewer system, if connection costs to the public or community system are reasonable (3% or less of the estimated value of the property). If connection costs exceed 3, the existing on-site systems will be acceptable provided they are functioning properly and meet the requirements of the local health department. If the correction is feasible, require connection. Mark "YES" in VC-4, condition the appraisal on the requirement and prepare the appraisal "as repaired" subject to the satisfaction of the condition.

  • Oct 16, 2013, Claiming party added:

  • It was the duty of the appraisal to give a complete and accurate report.

  • Oct 19, 2013, Joey Cobb (responding party) added:

  • Tiles on floor are not a requirement of the FHA, the tiles in the shower are a requirement because of the possibility of the loose shower bath tiles leaking. Toilets are contained within a wax seal placed beneath the toilet and when flushed no toilets leaked. We have photographs of all toilets in our workfile. When all water was turned on within the home at each fixture no leaking was observed. Appraisers are not home inspectors and are not required to determine the extent of repairs made, I have the agent Kent Miller on file as stating the repairs were completed as well. In this particular case all observed during a standard FHA home appraisal upon the two additional visits made to the home where at the final visit, no water leaks were observed in any fixture or ceiling, as well as there being evidence of hot water with standard pressure.

  • Oct 19, 2013, Joey Cobb (responding party) added:

  • The home inspection report you attached by BrickKicker was not supplied to the appraiser at any time within the appraisal process. We have only recieved a report by Avin Inc. supplied to us.

What Claimant Wants Hide
1. Compensation: cost to replace bathroom floor and tiles and ceiling labor and supplies Oct 25, 2013 $2,500.00
2. Compensation: cost of replacing dinning room floor supplies and labor Oct 25, 2013 $1,750.00
3. Compensation: plumbing and repair from water damage Oct 25, 2013 $8,000.00
4. Compensation: hot water heater Oct 25, 2013 $539.00
5. Pain and suffering Oct 25, 2013 $5,000.00
6. Other – Physical delivery charges Oct 25, 2013 $2.99
Cash total : $17,791.99
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Respondent's Counteroffer

There has been no response to this claim from Joey Cobb. This claim will remain posted until resolved
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