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Ok thanks, I will see what I can negotiate from the fireplace company tomorrow. Originally they told me it would cost to have someone come out but I didn't push the issue at the time since the seller had already agreed to get it fixed.
We don't want to let go of the house we really like it and the area is perfect for us. We are boxed up and waiting to get keys and the current owner of our rental is selling this place so we have to be out before March.
Thanks for all the info, sorry about the confusion on foreclosure, was trying to explain why it was vacant.
It's my understanding, at least in my state, that anything that is not affixed to a house or its lot is personal property, and is not part of the sale. (Lamps, small kitchen appliances on the countertops, pictures, bug zappers in the yard, etc.) If a buyer wants these things to be included, he has to list them separately and put them in the contract. Everything is negotiable.
Example: A microwave screwed into the cabinetry or a frame attached to cabinets is part of a r.e. sale. A microwave sitting in a cubbyhole that is part of the cabinetry is not part of the sale.
Yeah I have given up on the small items. Not worth it. It did say all appliances on premises were part of sale but bug zapper, even a nice one I'm sure doesn't apply.
The wiring and fp we are sticking to though. Realtor says they have to either fix or provide credit due to past contracts. I really wish they would reply to calls, we did have to cancel our 8am closing last minute this evening.
Thanks for helping me along in this and helping me pick my battles. Definitely not worth fighting over the little things. Even the exposed wiring we did want fixed were ok with giving up to have the previously existing wiring put back into place. My research so far (still need professional estimate...) is telling me $400-$600+ to rewire the patio not including parts. Not sure if that's valid or not but we want it put back for that amount.
Is this issue with the fireplace, is it rendered useless, dangerous or structurally unsound? You can put the brakes on by flat out refusing to close until its repaired. If the seller tries to push you to close without repairs, threatening you with words of default, then you can get your lender involved by notifying them there's a structural repair needed. Once formally notified of a structural defect on property that will be collateral the lender cannot (should not) let the closing proceed without repairs. But once they are involved, it closes under their rules. Use this as your last option.
If you have 10% down, your seller can pay up to 6% (but not to exceed actual) of your closing costs (with most lenders). But make darn sure of your estimate and materials. We had a tree thru the roof after a hurricane, that damaged the brick fireplace. Didn't seem to be that big of a deal, until it was realized, to match the brick, the needed custom bricks or they needed to be hand painted (had random steaks of black). Getting a price AND completing the job took almost 6 months. My point is, before you get your lender involved, be very sure you are ready for all possibilities of their involvement.
It probably was the neighbors who got the bug zapper and other small items. They've probably been eyeing them as the property sat vacant, and when the contractors started doing work, the neighbor figured it was a good time to help themselves, before you moved in and while it could be blamed on contractors. It doesn't mean they'll steal from you once you move in...some people are weird about stuff that they figure has been abandoned.
Fireplace repairs can often be very costly. We had a spate of them recently, where inspectors would find signs of settling/cracking on the outside of the chimney, and a chimney/fireplace expert would come in with some really astounding figures. As a previous poster mentioned, brick ones are tricky, trying to get the brick to match. And the amount of ripping out and repairing that will have to be done in order to make the fireplace functional is also surprising, depending on the age of the fireplace.
I'm not sure you can get the cost of the inspection reimbursed -- to be honest, that should have been done during your due diligence period, even if you had to get an extension to your due diligence period to do it. But perhaps you can find a repair company that will apply the cost of the inspection towards the repair?
Hi all, My husband and I are first time buyers and closing on a house Monday morning at 8am. House was a foreclosure so we are dealing with a realty company who is based on the opposite end of the country. No one lives in the house, it is vacant. So far things are going well enough, made offer, was accepted, did a half a dozen inspections (in depth plumbing with cameras included) and made our repair list back in last week of December with a close date of Feb 1st. They agreed to it all, contracts signed. Oh should mention the appraisal from the mortgage company came back appraising it at $5,500 above what we are paying and we are quite a bit under our top limit with great credit so not worried about anything on our end. Repairs consisted of 4 things:
Fix broken and unsafe GFCI outlets, exposed wiring, and add AFCI outlets as recommended by electrician.
Repair of the back porch roof
Replacement of the fireplace refractory cement pieces that render it unusable.
Initial termite treatment
We did our walkthrough this evening and a couple things showed up. Now I don't know what to throw a fit about but I am not thrilled with some things, especially because the company hasn't been very responsive.
The fireplace cement panels are not replaced. The manufacturer went out of business and its not an easy task. We aren't even able to get an estimate on this without paying considerable money to have someone out.
The back patio was wired for 3 ceiling fans, none of this wiring was exposed or noted as a hazard by our inspector. All wiring and components were completely removed from back patio assumably by the electrician that did the other electrical repairs. There was no need for this and we did not request it.
A couple trivial items that had been on premises prior to the repairs are now missing, such as a really nice bug zapper and other things the previous owner had left in the backyard we were excited about having.
As I mentioned no one lives on premises and the realty company is based in another state and have explicitly told us the owner has never been to the property himself. And we have been there with our realtor at least once a week. The missing items had to have been removed by one of the contractors doing the repairs. These are maybe not worth causing a fuss over but really irritate me and make me question the quality of work done if these people were taking things off the premises. The removal of the outdoor wiring, however, we had already purchased ceiling fans to use and absolutely want it put back. No where did we say to remove anything... but to FIX any exposed wiring so even if they misinterpreted the safe outdoor wiring as "exposed", which is what we are thinking, they agreed to fix it, not remove it entirely. The fireplace there is no way to get an accurate estimate on before Monday at 8am and without it the thing is completely unusable and they signed something agreeing to fix it. We are happy to take a credit for it but there is no way to get an accurate one in time. What is the best course of action here?
If these are bothersome issues for you (Which they seem to be) you can postpone the closing but you have to take into account how much that will cost you in addition to what the bank is willing to pay for the items you want to be corrected.
A: Delay the closing until the items in the house are corrected.
B: Accept a "credit" at closing to repair the items yourself & to your satisfaction.
Do you have a Agent? All of these issues should have been ironed out before your closing date.
I hope your not losing a rate lock on your mortgage by delaying? Call the mortgage broker, too.
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