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Old 09-24-2015, 07:16 PM
 
19 posts, read 17,703 times
Reputation: 17

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We found a house we like, but the catch is that the owner doesn't want to give disclosure as he did not lived there for past 4 years (rented out). He won't even get the house cleaned.

Tenant is still there for 2 more weeks and is not very cooperative (rightfully so). My concern is if we make an offer then inspection needs tobe done within 7 days while the tenant is still living there. I might add this is not low income area we are offering around $260K (Zillow estimate $240K)

Is that normal not to give disclosure and not even clean up the house ? Do you see any red-flags ?
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Old 09-24-2015, 08:13 PM
 
2,328 posts, read 3,561,152 times
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There were renters in my place when I bought it and we money allocated at closing for me to have someone clean the house. To be honest, I did not want them to control that process because they had no incentive to do a good job.
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Old 09-24-2015, 08:50 PM
 
Location: Dallas/Ft. Worth, TX
1,858 posts, read 5,694,326 times
Reputation: 3069
Quote:
Originally Posted by illinoistotexas View Post
We found a house we like, but the catch is that the owner doesn't want to give disclosure as he did not lived there for past 4 years (rented out). He won't even get the house cleaned.

Tenant is still there for 2 more weeks and is not very cooperative (rightfully so). My concern is if we make an offer then inspection needs tobe done within 7 days while the tenant is still living there. I might add this is not low income area we are offering around $260K (Zillow estimate $240K)

Is that normal not to give disclosure and not even clean up the house ? Do you see any red-flags ?
What State is the home in, Georgia (in the Atlanta forum)/ You might obtain faster responses if you post in the RE section of the BB.
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Old 09-24-2015, 08:54 PM
 
122 posts, read 129,139 times
Reputation: 122
The cleaning is something I would want to do (or hire someone to do) as well, just need to build that info the offer. As for no disclosure, it makes the inspection more critical... Need to be ready for them to find some things that need fixing and have a plan to negotiate with the seller.

I would not say these are necessarily red flags as I can see their point of view as well, it's just a bit more complicated of a transaction that if it were owner occupied.
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Old 09-24-2015, 11:42 PM
 
Location: Georgia
4,515 posts, read 3,792,494 times
Reputation: 15517
The standard Georgia Association of Realtors contract has some language about inspections during a due diligence period. Paragraph 9A - "Buyer and/or Buyer's representatives shall have the right to enter the Property at Buyer's expense and at reasonable times (including immediately prior to closing) to inspect, examine, test, appraise and survey the Property. Seller shall cause all utilities, systems and equipment to be on so that Buyer may complete all inspections. Buyer agrees to hold Seller and all Brokers harmless from all claims, injuries, and damages related to the exercising of these rights."

You can dictate whatever due diligence period you wish. If the tenants don't want to give you access (and frankly, there's something in the standard GAR forms about that, too, having to do with allowing reasonable access -- Section 21 says that, with 24 hours notice, a tenant must agree to provide access to the home for repairs, inspections or showings from 9am - 8 pm Monday through Saturday, and 1-6 on Sundays.), you can specify a longer period. Where did you get the idea you could only ask for 7 days? That's nuts, especially if they aren't giving you access to the property! If access is an issue, tell the owner you will forego the first two weeks -- but he then must give you 10 days after the tenant moves out to do inspections - so basically, 24 days. It makes for a long inspection period -- but what else does he expect, that people are going to buy the house without having it inspected? (Although, to be fair, some investors might, but not at a premium cost.)

Sellers don't have to clean (although frankly, I'd think anyone with even a scrap of pride would at least get it broom clean.) And they don't have to provide disclosures -- but it just means that the inspection is going to be just that much more painstaking. Make sure you have a darn good inspector, none of these "brother-in-law of the agent's wfe" nonsense who will do it for $250.

You can write in your contract that "Seller to have premises cleaned wthin 24 hours of closing by a professional cleaning service of the buyer's choosing in an amount not to exceed $400." Or the seller can just contribute that much to closing costs and you'll have that much more money to pay for the cleaning after closing.

If he doesn't allow you a reasonable time to inspect the property -- move on. He's hiding something.
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Old 09-25-2015, 08:17 AM
 
183 posts, read 282,300 times
Reputation: 176
If you are concerned about the tenant not being cooperative (and that there is no disclosure), try to negotiate for a longer due diligence period...maybe 21 days. Kinda hard to do a thorough inspection with tenant stuff everywhere. But be prepared to lose the house if there is a lot of interest and other offers have shorter inspection periods.

Investor owner not providing disclosure is not suspicious to me, especially if they bought it as an REO. If you force him, he'll just mark everything "don't know". Just get a good inspector.
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Old 09-25-2015, 09:58 AM
 
1,756 posts, read 4,925,312 times
Reputation: 548
Like others have said, have a clause about the inspection.
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