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Old 01-05-2017, 07:13 PM
 
1,015 posts, read 2,424,107 times
Reputation: 959

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First time home buyer. Long story short found a home I liked. Placed a contract November 9. Using USDA contract date for closing was December 27. There was some small repairs we agreed upon and one major which was the bathroom they gutted for whatever reason. Since I'm using USDA loan so certain things need to be done. Needless to say that we did not close. We were supposed to close this week, again repairs not done.

The seller works long hours 6 days a weeks and is trying to do it themselves. The appraiser has already been out there twice! The sellers agent is no help at all the agent either says the work was done, they didn't get a specific document (even after they signed and email them to everyone ) or they don't respond at all.

I'm trying to be patient and understanding in all this but I'm getting annoyed. If they want to postpone the closing date I'm understanding but this pseudo dates are stressing me out. I'm staying with family at the moment since I had to move from my old place. It's an inconvenience and the storage rates are increasing.

They don't seem motivated at all even though they say they are.

I'm seriousl considering walking but houses like this are so hard to come by.
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Old 01-06-2017, 04:06 AM
 
16,825 posts, read 17,733,278 times
Reputation: 20852
It's an exercise in delayed gratification.

Is 8 days a big deal in comparison to a home you hope to be in for years?

But what does YOUR agent say about it?
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Old 01-06-2017, 04:42 AM
 
Location: The Triad
34,090 posts, read 82,975,811 times
Reputation: 43666
Quote:
Originally Posted by WildnFree View Post
Using USDA contract date for closing was December 27.

There was some small repairs we agreed upon
and one major which was the bathroom they gutted
The seller works long hours 6 days a weeks and is trying to do it themselves.

Needless to say that we did not close.
We were supposed to close this week, again repairs not done.

I'm trying to be patient and understanding in all this but...
They don't seem motivated at all even though they say they are.
What EXACTLY do they say?

How much longer will it take before the work is both complete...
but also done well enough to satisfy the appraiser?

Quote:
I'm seriously considering walking but houses like this are so hard to come by.
You need to consider it.

Clearly the seller was not ready to go when they listed the house and clearly their agent knew this.
But unless your contract includes delay penalties your only choices are to wait or walk.
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Old 01-06-2017, 04:51 AM
 
12,016 posts, read 12,760,107 times
Reputation: 13420
I would walk. Missing one closing date shame on them, missing the second closing date shame on you for hanging in there like a fool. If you want to give them one last chance to get the work done tell them to take vacation days from work and do it, plus he should have spent any vacation days from work or days off fixing the bathroom. You seem to be getting the runaround. Your mistake was trusting untrustworthy people to finish work that they promised and making an offer on a home that would not be mortgagable. His work schedule is his problem, tell him you don't care about his job. Plus who knows if the work he does even will pass inspection?

You do need to put your foot down if you are going to give them another chance. I would ask my agent if there is any way to sue the seller for inspection and appraisal fees for their unpromised completion. Or I would tell my agent to amend the contract to make them pay a fine for every day that they are past the next closing date and force them to pay for your costs if they don't finish by the next closing date.

Sometimes as a new buyer you have to start over. The first home I wanted to buy it turned out had plumbing issues that we couldn't even turn on the water for inspection. The second didn't appraise for the loan amount. 3 months later I found a better home in a better area, sometimes it's not meant to be for a reason. As much as I wanted the second home, in retrospect it was great that it did not appraise and I had to let it go, I had 3 more months of hell living with a roommate, but in the end it was worth it.

If you don't put your foot down they will put their foot down on you and walk all over you. Insist on seeing the property and find out how many days it is from completion. If he wants to sell he can finish the work or pay someone to finish it. If you need to pass on this one do not buy a home that is not move in ready. You don't need updating, just minimum standards or it being livable enough to pass approval for the loan.

Last edited by LifeIsGood01; 01-06-2017 at 05:01 AM..
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Old 01-06-2017, 09:05 AM
 
Location: Denver CO
24,202 posts, read 19,210,098 times
Reputation: 38267
I'd walk. No real security that the work is going to get done and get inspected and approved in a timely manner. Plus it sounds like the current owner is half-a**ing the work - do you want to buy into those potential problems?
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Old 01-06-2017, 10:06 AM
 
Location: Austin
7,244 posts, read 21,811,238 times
Reputation: 10015
Why is the seller doing repairs on his own? You should do some type of amendment that states something about the final repairs need to be done by a licensed professional by X date and closing will be by Z date. Say what they say. Rates have gone up, so you're losing money if the rate lock expires.
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Old 01-06-2017, 10:17 AM
 
16,709 posts, read 19,412,920 times
Reputation: 41487
Quote:
Originally Posted by WildnFree View Post
First time home buyer. Long story short found a home I liked. Placed a contract November 9. Using USDA contract date for closing was December 27. There was some small repairs we agreed upon and one major which was the bathroom they gutted for whatever reason. Since I'm using USDA loan so certain things need to be done. Needless to say that we did not close. We were supposed to close this week, again repairs not done.
Walk.

The gutting of the bathroom worries me, and the seller doing repairs himself. Both bad in my book.
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Old 01-06-2017, 10:22 AM
 
8,005 posts, read 7,221,727 times
Reputation: 18170
Unless you have a suitable alternative you gain nothing by walking. As 0714 said, what's a couple weeks of frustration if you get the house you're going to live in for years. If you walk, it'll be a couple of months earliest before you can close on a new USDA deal. Grit your teeth and hang in there.
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Old 01-06-2017, 01:34 PM
 
5,046 posts, read 9,622,618 times
Reputation: 4181
That bathroom you say was "gutted for whatever reason".

At what point was it gutted? After your contract?

I'm wondering if the guy has a psychological issue and just doesn't want to let the house go.

I knew someone like that. Beautiful house. Not a single problem. When he put the house on the market that's when he decided to redo the living room and kitchen. It never sold. He's still in it years later.
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Old 01-06-2017, 03:22 PM
 
Location: Florida -
10,213 posts, read 14,834,115 times
Reputation: 21848
Did you agree to have the seller complete the repairs themselves with no schedule, completion date or stated expectation for the work? If that is the case, you put yourself in this situation and it is probably a good time to learn from your mistake and move-on.

The question you may have to deal with, however, is, "What did you legally obligate yourself to under the agreement you signed?"

Apart from the agreement, it may be painful, but also irrelevant that you are unhappy with the ongoing circumstances ... and quite costly for you to simply walk. The saving grace for you may be that the seller is responsible for and unprepared to close on time. Even if you decide NOT to walk, take advantage of the renegotiated closing date opportunity to insist on conditions that protect you from non-performance.
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