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Old 07-11-2012, 01:32 PM
 
943 posts, read 1,503,998 times
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I wonder if you can get out of it if he died in the house??

It is not unusual for people to be squeamish about that.. plus if it was not a fact that was told to you directly it may be just cause to walk...

any real estate eagles out there have advice if that is the case?
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Old 07-11-2012, 02:23 PM
 
3,404 posts, read 4,151,440 times
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Quote:
Originally Posted by hiknapster View Post
Your offer will have a financing clause in it. I was a real estate agent at one time and I've never heard of a contract that didn't. So there you were, rushing around to get FHA approval, when that was your "out" all along. Maybe you were able to do something with the radon levels issue but it was so much simpler to say that you couldn't get funding. I wish I had seen this thread earlier. If you haven't done everything on the FHA's list, don't. They won't approve you and you are out and can get your money back. If you did, undo one then tell the FHA that your fix didn't take and it can't be remedied.

The agent didn't tell you this because she wants to get paid and to heck with you. It's one of the reasons I got out of the business. I wanted people to be happy in their new home. I would have found you a different house. Now you know the real reason the house was at a great price. There was a suicide and the neighbor is a nuisance at best.

And by the way, you CAN tell BOA that you are not comfortable with the radon levels, even if they attempt to remedy them. You can back out due to that. Tell them you think there is residual effects even if it is fixed. That stinking agent of your wants you to move forward, no matter what. For shame.

If BOA balks at handing back your earnest money - and they will, they are my mortgagor and enormous tools - tell them that even though it is a loophole, they didn't present the house in good faith. An absentee owner like a bank can say they had no knowledge of the death. However, the selling agent - please don't tell me your agent has a dual alliance! - must disclose if it occurred within the past three years. You have the power in this situation, but no one told you.

Ghoul Disclosure: Must Home Sellers Disclose Paranormal Activity? | LegalZoom

Home Disclosures and Material Facts - What Are Material Facts and Home Disclosures?
If he signed an agreement stating that he would fix the items it isn't safe to assume he can get out of it just by not doing the repairs.
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Old 07-11-2012, 02:28 PM
 
3,404 posts, read 4,151,440 times
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Quote:
Originally Posted by CourageMom View Post
I wonder if you can get out of it if he died in the house??

It is not unusual for people to be squeamish about that.. plus if it was not a fact that was told to you directly it may be just cause to walk...

any real estate eagles out there have advice if that is the case?
In the state I am in you do not have to disclose that there was a death in the house. People die at home all the time. Most likely any house with some age on it has had someone die there. It isn't considered a material fact unless the death was caused by something having to do with the house, for example mold in it made them sick or there is a safety issue. I think you will find this is true in most states at least.
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Old 07-11-2012, 02:40 PM
 
943 posts, read 1,503,998 times
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Default coliform in the water.

Very enlightening.. Z

I once wanted to back out of a house.. when the inspector came by I told him so.
He said the water hadn't been turned on in a long time.. that there might be coliform bacteria
in the water and if so I could back out.. It did.. I did. That was outside of Utica NY
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Old 07-11-2012, 03:00 PM
 
Location: Salem, OR
13,757 posts, read 31,661,700 times
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Quote:
Originally Posted by CourageMom View Post
Very enlightening.. Z

I once wanted to back out of a house.. when the inspector came by I told him so.
He said the water hadn't been turned on in a long time.. that there might be coliform bacteria
in the water and if so I could back out.. It did.. I did. That was outside of Utica NY
Out here you just have to disapprove of the inspection report. We don't have a minimum repair clause so you can have the only thing wrong with the house being a pocket door that doesn't latch and you can terminate.
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Old 07-11-2012, 03:14 PM
 
5,703 posts, read 15,545,597 times
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The OP hasn't been back in a little while. Curious what he decided to do.
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Old 07-11-2012, 03:58 PM
 
22 posts, read 25,510 times
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Yeah there's been a lot of activity in this thread, lol.

Okay so I went and talked to the kids parents, who were both very nice. He made me feel better about the situation and that he would be able to keep the kid out of my yard unless i gave him permission to enter. I also spoke with the kid about it as well. I went to the neighbors and asked them what they think of the kid and usually the kid stands at the end of their driveway and asks if he can come up and talk (if theyre outside ya know). I think he had a previous relationship with the owner and wont accept they're no longer there and still comes over as he wishes. I asked his fathers about the gun he had and they showed me they are non firing replicas, they were bought to be part of his re-enactment job.

Besides that I've determined i can fence in (with aluminum cast iron looking) my backyard area and around the side of the house which has access to the porch. Well I can fence in until my yard turns into forest and goes down a steep hill. Coupled with a good zwave automation and security system, I think I can keep the house secured, keep the kid off the property, and at the least be notified if he crosses the fence or goes around it through the woods.

About my other options:

My well does have coliform in it - 2 gallons of bleach and its resolved.
I have 5-6x higher then normal radon counts - explained by a sealed house for 9months.

Either of those two counts are probable reasons to back out of the contract in theory. However in looking it over I have to give the bank a chance to remediate or negotiate the contract before it voids (anything that turns up in inspection).

Neither of those two things are counted against me on my FHA appraisal (which is actually going on today).

I could attempt to fall back on those if I wanted out. The only other way out is a less then honest loss of income, job, or down payment money which would void my lenders funding contract. Either I'd have to lie to do this or quit my job or something ridiculous. I would also loose my earnest deposit this route.

The realtor is obviously trying to make money off me. They both stand to make 5-6k off the sell of this house. Considering I found the house and have done most the work for my realtor, 6k for 20hrs of work is a hell of a deal :-). I obviously take anything she says with this in mind and try to verify everything elsewhere.

I found no legal backing in Ohio that a suicide or tragic death in a home qualified for material defect that needed to be notified. Furthermore the bank could claim they had no prior knowledge of it, unless the last owner told them about it before he got foreclosed on. They also had no knowledge of the radon or well bacteria - as these tests had not been done and this was vacant for a long time. So I don't think I could get them on any failure to disclose or good faith laws.

The place I'm moving doesn't have a HOA or anything so no possible course of action there.


To be honest, I still don't know what I want to do. I do appreciate everyones responses. More specifically geared towards similar stories and concerns of the actual problem at hand (the kid). I think I know my options pretty well with everyones input and my research - rather I choose to buy or bail. The question is still obviously at hand, rather I feel safe there for my family and my son. While I do feel better after talking with everyone there, there's still the bit of apprehension I'm not sure of. I have about a week to decide I figure, until financing goes through and it's pretty much too late to back out.

Thanks everyone!
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Old 07-11-2012, 04:42 PM
 
Location: Knoxville, Tennessee
22,539 posts, read 46,174,195 times
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There are ways to get out of that contract if you want to. I sincerely believe that you shouldn't buy it having so many concerns.

How to Get Out of a Real Estate Contract | Home Guides | SF Gate
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Old 07-11-2012, 05:52 PM
 
943 posts, read 1,503,998 times
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Default Seek a safe place for your wife & child

Me neither.. I would not buy anything that came with the forewarning of the neighbor's son.
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Old 07-11-2012, 06:09 PM
 
Location: Richardson, TX
10,210 posts, read 16,784,677 times
Reputation: 24878
I think neighbor's creepy little Bad Seed would be enough to make me cut and run.
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