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Out here a seller wouldn't fix something like that. Codes change constantly and old railings are too far apart and easy for kids to squeeze through. Out here decks slope to keep water from running toward the house, so you would be hard pressed to find a contractor to build you a level deck. I think is it 1/4" for every 10 feet or so. Something like that. You want decks to slope, but you shouldn't feel like you are falling off the deck with that drop.
The house is being sold with the deck the way it is. It should be YOUR responsibility to modify it yourself, NOT the seller, after all the seller has been living with it for X amount of years......why should the seller change it for you?
Inspector is coming soon. I will know if there is "substantive" work to be done. As a Buyer I did see the deck before I bid on the house however only later did it occur to me that this could be a bigger problem than what it first appeared.
Although the deck may be okay according to an inspector, I need this deck to support a large family that likes to hang out on decks all the time and to know the small children won't fall through the slats and end up 3 stories below! Anyway I believe the inspector will catch it and then we will decide what to do next. Thank you for your replies! LS
How much less would the house be listed for if it DIDN'T have the deck on it? That is the maximum you can expect to be 'compensated', if the inspector declares it unusable. You knew what condition the deck was in when you made the offer on the house, right? It's not like it has some kind of hidden defect, the deck structure is certainly visible, especially if it is 3 stories high. How is the seller responsible for your fears of usability, especially if your inspector signs off on it?
It obviously met building codes when it was built. You are asking for an upgrade. If you want to kill the whole deal over $300.00 worth of wood railings by all means do it.
Do you think homeowners must constantly bring their homes up to existing code as it changes? LOL
I suggest that you let the inspector know that you have concerns about the deck. Then he will pay extra attention to it.
Seller does not have to fix it. If the inspector says it is unsafe, you can probably back out by refusing to approve the inspection report.
In my area, decks are supposed to slant slightly away from the house so that rain and snow roll away from the house.
If rails are too far apart, that should be cheap for you to fix, if the seller won't. By the way, I think it is a chicken poop excuse to back out of a purchase. You saw the deck railings before you made the offer. However, if the inspector says that railings are unsafe and the seller won't fix, you can probably back out. It depends upon what your contract says.
Additional support under the deck is usually pretty easy to add, so I wouldn't let that stop me from buying a house I wanted. But if you are looking for excuses to back out of your contract, that might (or might not) give you an out.
If the inspector thinks the deck is fine, then you will have to look for another excuse to back out. Or maybe if you want out badly enough, you can walk away from your earnest money.
FYI, Seller doesn't have to fix it...but you don't have to buy either since you're in the due diligence period and since the contract is contingent on the home inspection.
So it's generally expected that the sale price negotiations and signing off on that part is just a start. Then there's the inspection and more negotiations. But they are just that...negotiations and sometimes dealing with hopes or expections but not always code or law or rules.
Do you want out of the deal and the deck is how you are looking to get out? Do you want the deck repaired to your satisfaction? Do you want a reduction on the price of the house and you will fix the deck?
Our contractor built a level deck, and it has been very expensive to maintain. Snow and water stand on the cedar, requiring squeegeeing or shoveling to push it off, because it does not drain off. Despite this and sanding and re-sealing EVERY year, the wood is damaged and will have to be replaced well before it should have.
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