I think the second bank may be bound by the first bank's decision to accept the offer.
Dave von Beck
Levy * von Beck & Associates, P.S.
600 University St., Ste. 3300
Seattle, WA 98101
P: 206.626.5444, x210
The short answer is likely yes. But disputes between neighbors can start from the smallest event or lack of communication, and can grow into uncomfortable, lengthy, and expensive feuds. So, I strongly suggest that before cutting anything, you first talk with your neighbor to address your concerns and intent regarding the overhanging branch.
It sounds like you may be the victim of fraud or, at a minimum, negligent misrepresentation. Because it is best to pursue investigate and pursue all of your claims together, the quality issues you mention should be inspected by a qualified expert as part of pursuing your builder. Your claims may vary depending on whether you had the home custom built, or bought it as a "spec" home.
Without reviewing your agreement with your inspector, and the Form 17 disclosure, it is difficult to assess the potential exposure of the seller or the inspector. Inspectors' agreements often include a clause limiting liability to the amount you paid for the inspection report. With regard to the seller, you will need to obtain evidence that they knew of the underlying damage. Finally, with regard to the lender, I know of no reason why the lender would be liable here.
This does sound like an error by your RE agent that creates a claim for you. The question is, what are your damages? You will need to look at the value (and price) of the house you ended up buying versus the house you did not get, as well as other aspects of your situation that are different than what you had anticipated based on having purchased the wrong home.
Your homeowners insurance company, under a typical policy, is obligated to either pay you to rebuild the house (up to the insured dwelling value as stated on your policy's Declarations page) or pay you the "ACV" (actual cash value) of the property at the time of the loss. ACV takes depreciation into account, so it will be a lower amount than the rebuilding costs. However, you only get the rebuilding costs if you actually rebuild. The answer to your question depends on whether you have a...
The applicable statute of limitations for such claims is typically six years. However, some manufacturers of roofing and other materials to provide separate, material-only warranties that extend up to 30 and even 50 years. You may want to check with the inspector, or hire a structural engineer, to get information on exactly which components have failed. This could help you determine whether there is any applicable warranty that you might rely on for a remedy. But if the problems are caused...