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Old 07-27-2012, 10:27 PM
 
5 posts, read 7,423 times
Reputation: 11

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Hi,

So, my fiance and I are buying our first house, and we found this big home that needs some work: the roof needs to be fixed, new paint on exterior, minor shower leak needs some repair, and new carpet throughout. So, we went with a 203k.

When we looked at the house the first time, the door handle and lockbox were GONE. Like, the doorknob was completely knocked OFF! So, we had our agent call the King County real estate lady and she had it fixed. I went out to the house again a few days later and the back door slider was open and some lights downstairs were on. I called the listing agent myself, and told her about it, and she said they would fix it. So, we ended up going 15% under list price and they accepted it, no counter offer. We were excited! We received their signed contract on Thursday and we have 20days for inspection. BTW, with county sales, the offer has two waves (kinda like a short sale)- the initial acceptance (at their real estate office), then it goes before the city council. And the council is in session for the 2013 budgeting til December (with a 25 day period til close afterwards; and Earnest Money isn't due til they accept), so we might not close til January or even Feb.

Anyways, earlier today, I went to look at the house, and I walked around to the back to see if the house secure like the listing agent said, and the back slider was open, AGAIN! there were lights on everywhere, and the HEAT was ON! WTH!??? I was too scared to go inside (which would be trespassing anyway), but I got this whiff of a smell that was just rancid and there was stuff on the floor inside the slider door. Like soda and grocery bags!

So, as I was leaving, I decided to walk past the window by the front entry door (which is the kitchen window) and I tested to slide it, and it slid open, which may (or may not) be how the people gained entry. I called my agent like three times as I drove off, and he didn't answer. I'm not sure what to do, and I think it would be fair to threaten the county that we're prepared to walk away and tell them that they need to lower the agreed upon sale price. Because there is a good possibility that we may not be getting the house in the same condition that we put our offer in on. We have our inspection with the 203k/ FHA inspector on Monday.

What to do???

BTW: King County sales are exempt from Form 17 and I'm not sure if they will budge on the sale price...
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Old 07-27-2012, 11:19 PM
 
1,461 posts, read 2,864,021 times
Reputation: 598
unfortunately it happens, but I'd walk away
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Old 07-28-2012, 12:11 PM
 
3,404 posts, read 4,148,451 times
Reputation: 2397
I want to know what happens Monday if there's people there when the inspector shows up. Removing squatters from a house isn't what real estate agents do, so I don't think any of us will have the answer. The laws to deal with this vary from state to state and sometimes it takes a court order to have them removed. I think you should educate yourself about the laws in your state and see what has happened in other cases before you keep going with the transaction.

What was the fowl smell? If it smelled like rotten cat urine and chemicalish it could be meth. If so, that is worrying. Did you report all of this to your agent?
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Old 07-28-2012, 12:16 PM
 
Location: NJ
17,579 posts, read 38,391,825 times
Reputation: 16101
I would probably be running away from this deal.
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Old 07-28-2012, 12:28 PM
 
29,988 posts, read 35,923,304 times
Reputation: 12724
Quote:
Originally Posted by sporter5569 View Post
Hi,

So, my fiance and I are buying our first house, and we found this big home that needs some work: the roof needs to be fixed, new paint on exterior, minor shower leak needs some repair, and new carpet throughout. So, we went with a 203k.

When we looked at the house the first time, the door handle and lockbox were GONE. Like, the doorknob was completely knocked OFF! So, we had our agent call the King County real estate lady and she had it fixed. I went out to the house again a few days later and the back door slider was open and some lights downstairs were on. I called the listing agent myself, and told her about it, and she said they would fix it. So, we ended up going 15% under list price and they accepted it, no counter offer. We were excited! We received their signed contract on Thursday and we have 20days for inspection. BTW, with county sales, the offer has two waves (kinda like a short sale)- the initial acceptance (at their real estate office), then it goes before the city council. And the council is in session for the 2013 budgeting til December (with a 25 day period til close afterwards; and Earnest Money isn't due til they accept), so we might not close til January or even Feb.

Anyways, earlier today, I went to look at the house, and I walked around to the back to see if the house secure like the listing agent said, and the back slider was open, AGAIN! there were lights on everywhere, and the HEAT was ON! WTH!??? I was too scared to go inside (which would be trespassing anyway), but I got this whiff of a smell that was just rancid and there was stuff on the floor inside the slider door. Like soda and grocery bags!

So, as I was leaving, I decided to walk past the window by the front entry door (which is the kitchen window) and I tested to slide it, and it slid open, which may (or may not) be how the people gained entry. I called my agent like three times as I drove off, and he didn't answer. I'm not sure what to do, and I think it would be fair to threaten the county that we're prepared to walk away and tell them that they need to lower the agreed upon sale price. Because there is a good possibility that we may not be getting the house in the same condition that we put our offer in on. We have our inspection with the 203k/ FHA inspector on Monday.

What to do???

BTW: King County sales are exempt from Form 17 and I'm not sure if they will budge on the sale price...
1) You call the local sheriff's department to report suspicious activity. Follow up to obtain a copy of the police report.

2) You cancel your inspectors and give written notice that you have found an unacceptable condition of the property and are withdrawing your offer (hiring an attorney if necessary) along with a formal request for the return of your earnest deposit, if any.
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Old 07-28-2012, 02:04 PM
 
5 posts, read 7,423 times
Reputation: 11
Well, our Earnest money isnt due til the city council approves the offer, which is going to be awhile.

I told my agent about everything, but he didnt seem to really believe me... like I could have broken in and set the whole thing up to try and get a better deal :/ (thats just what I wasreading between the lines). He told me if we wanted to back out after inspection we can. That is just about the only reason we can back out, because of the type of sale it is. County sales are more strict.

So, looks like we'll be going through with inspection, I'll be sure to let everyone know how it goes...

My agent did say he would let the listing agent know the house had been broken into again and ask them to prevent any kind of entry... this would be the second time we've asked them to secure this home.

wether we find anything during inspection or not, im considering asking them to lower the price, cause this is rediculous...

but if there are squatters there (that tried the whole adverse possession thing- cause WA does have that) then we're walking away... it's just that we've already got a great deal on this house, and it is perfect for us, and I don't want to lose it...

but, I'm prepared to walk if we have to....
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Old 07-28-2012, 02:14 PM
 
1,461 posts, read 2,864,021 times
Reputation: 598
Quote:
Originally Posted by sporter5569 View Post
Well, our Earnest money isnt due til the city council approves the offer, which is going to be awhile.

I told my agent about everything, but he didnt seem to really believe me... like I could have broken in and set the whole thing up to try and get a better deal :/ (thats just what I wasreading between the lines). He told me if we wanted to back out after inspection we can. That is just about the only reason we can back out, because of the type of sale it is. County sales are more strict.

So, looks like we'll be going through with inspection, I'll be sure to let everyone know how it goes...

My agent did say he would let the listing agent know the house had been broken into again and ask them to prevent any kind of entry... this would be the second time we've asked them to secure this home.

wether we find anything during inspection or not, im considering asking them to lower the price, cause this is rediculous...

but if there are squatters there (that tried the whole adverse possession thing- cause WA does have that) then we're walking away... it's just that we've already got a great deal on this house, and it is perfect for us, and I don't want to lose it...

but, I'm prepared to walk if we have to....


squatters in homes usually don't have a case for adverse possession so no worries.
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Old 07-28-2012, 02:19 PM
 
3,404 posts, read 4,148,451 times
Reputation: 2397
Quote:
Originally Posted by Freebird2007 View Post
squatters in homes usually don't have a case for adverse possession so no worries.
They usually don't, but it still might take a court order and a fight to get them out. The answer is not going to be found on CD threads.
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Old 07-28-2012, 02:29 PM
 
5 posts, read 7,423 times
Reputation: 11
Quote:
Originally Posted by Zyngawf View Post
They usually don't, but it still might take a court order and a fight to get them out. The answer is not going to be found on CD threads.

This is true... But, as it stands, I havent actually seen anyone there. Just signs that people were there...We'll find out more on Monday.
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Old 07-28-2012, 03:00 PM
 
Location: Florida -
8,262 posts, read 10,041,095 times
Reputation: 15147
The problem with a squatter-situation is that you don't know what type of hidden damage you could be facing (eg; animals urinating on carpets; HVAC damage; plumbing issues; electrical damage; infestations of fleas, ticks, roaches, etc. Remember, there is no pride of ownership or even deposit money involved here. Additionally, even if the inspection 'passes', what type of further entry/damage might occur between inspection and closing? Finally, if you have trespassers who are treating this property as their own, will you have to deal with trespassing/intrusion problems later on?

Sounds like the realtors are playing 'blind monkey' ... intent only on a sale/commission and not the obstacles you are facing. This is a 'buyer beware' situation and you need to act protect your own interests. If you still really want the property, you should make it clear to the RE 'Broker/s' (get beyond the agents), that you are going to walk away from this purchase unless you are satisfied that the 'squatters' are gone and no longer an issue. For now, this is an owner/ listing agent/local law enforcement problem .... don't let it become yours!
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