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Have they removed the asbestos using a certified asbestos removal firm? Has the house been tested for lead?
They won't obtain COs and are now telling you they intend to alter the landscape and remove an appliance? With all the snow on the ground and the earth somewhat frozen, they woukd have to come back after closing. You then have to concern yourself with what type of clodhoppers they are going to have dig up these bushes. The potential for damage to surrounding landscape, your lawn, etc., is great.
What makes this house so special that you are willing to let the sellers control negotiations in a buyers market?
I'd have already walked away due to the CO's. The sellers should be happy to have a buyer willing to overlook this in this market. I'd remind them of that, since clearing the CO's will be a time consuming and costly pain for you (you will pay fees, possible back taxes, and your taxes will increase). If you really want the house, get a quote from a landscaper for replacing the bushes. Add in the cost of the refrigerator and have them deduct that from the price of the home.
If they're being this petty you should too. But really, you should just walk away.
Thank you to all for all the helpful suggestions. We requested that they send back the contracts since they've refused to sign them, along with our down payment. I'm still hoping this will wake them up... we'll see tomorrow. It's not about the rose bushes anymore, but more a matter of principle.
Do you really love this house? Are you getting such a great deal? Honestly, these people sound like too much trouble unless you answered a big yes to both those questions-
They had to have known about the rose bushes before the contracts were sent out. I would be nervous as to what else they are going to want to take with them and other things they can do to stall your closing. We have had a closing pushed off in the past and it is very frustrating and a hassle.
I think I might let them keep their roses and their house-
Tell them they can have the two rosebushes if they get all the proper COs and chop off $5,000 off the price of the house and pay your attorneys fees for the purchase of the house because of all the pain in the arsery they have caused you. Or, dump the house.
I'm just going to add that it's highly unlikely the bank is going to overlook the COs. If there are outstanding permits - forget it. If it's just a matter of improvements, depending on what they are it could be a huge headache. I wouldn't count on them not making an issue of it.
From what you have described, I would say walk away. Its a pain to deal with people like these, save the aggravation.
You know, since you are in the market anyway.... sometimes you can work with the same attorney that you have now (if you like him/her of course) and they will cut you a break on the 2nd house since the first deal did not go through.... so its not like 2x the $$$$ you would have to pay.
Like others have said, you should have walked away with the CO issues. Even if they don't pose a problem in attaining your financing, it can really come back and bite you in the ass when you want to sell down the line. Big mistake.
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