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How many years has it been since the Bay area had rains like that?
Well the seller say they never had water issue in the crawl space for the past 10 years!! 10 years back it rained this way and he had got the sump pump installed. I don't know if its true!
Well the seller say they never had water issue in the crawl space for the past 10 years!! 10 years back it rained this way and he had got the sump pump installed. I don't know if its true!
Well, it's true that there would not have been a sump pump installed if there had never been water in the crawl space, so at some point the crawlspace got a significant amount of water. But we have reliably dry summers and any standing water that occurs during the rainy season (which is now) is likely to dry up by the end of summer.
It is likely that there was significant rain (much more than usual) at some point in the past ten years, though it doesn't happen every year. Some of that rain is going to go under the house. Add to that it is also possible that there may be small underground springs under many houses in the Bay Area. If you live here, you have to accept that and deal with it, whether you get a sump pump installed or not.
There are stories of buyers who find a lot of things that "need to be repaired", who just use their "repairs list" to negotiate a lower sales price and then never get the issues fixed themselves. As a seller, if I agreed to pay for something, I would repair it during escrow as I did (roofing, for example) when I sold my Mom's house years ago. My then listing agent had a list of people who not only did a good job with repairs, but who also charged less than I would have found on my own. It's one of the best things about having a seller's agent. I would not accept a buyer's "cost to repair" list and simply reduce the sales price based on what they "found."
I don't know what to tell you about what you should do regarding the purchase of this house. Maybe it's best if you walk away.
section 1 (Subterranian termites treatment and damage) + sump pump install + Re-grading to prevent rain water from entering again + foundation cracks
Well, not all termite damage needs to be fixed. Sometimes it doesn't have a structural impact and it is cosmetic. Foundation cracks also don't always need to be fixed.
Regrading is a matter of opinion on whether or not it is necessary. Sometimes the sump pump takes care of it.
So I don't know California law so you will want to talk to an attorney but those three repairs might not actually be needed repairs. Inspectors generally suggest best practices, but that doesn't mean it is a needed repair. I think you would have a debate on your hands regarding the intent of that line and most importantly the definition of repair. Only a CA attorney can help you answer that.
What you are going through is why I'm not vague in writing my contracts. The termite treatment for active termites and the new sump pump seem clear cut to me under repairs, but the other three are debatable, in my opinion.
Well, it's true that there would not have been a sump pump installed if there had never been water in the crawl space, so at some point the crawlspace got a significant amount of water. But we have reliably dry summers and any standing water that occurs during the rainy season (which is now) is likely to dry up by the end of summer.
It is likely that there was significant rain (much more than usual) at some point in the past ten years, though it doesn't happen every year. Some of that rain is going to go under the house. Add to that it is also possible that there may be small underground springs under many houses in the Bay Area. If you live here, you have to accept that and deal with it, whether you get a sump pump installed or not.
There are stories of buyers who find a lot of things that "need to be repaired", who just use their "repairs list" to negotiate a lower sales price and then never get the issues fixed themselves. As a seller, if I agreed to pay for something, I would repair it during escrow as I did (roofing, for example) when I sold my Mom's house years ago. My then listing agent had a list of people who not only did a good job with repairs, but who also charged less than I would have found on my own. It's one of the best things about having a seller's agent. I would not accept a buyer's "cost to repair" list and simply reduce the sales price based on what they "found."
I don't know what to tell you about what you should do regarding the purchase of this house. Maybe it's best if you walk away.
About four years ago, maybe five, we had such bad long deluge of rains, the drainage to the bay backed up and caused lots of flooding — several of buildings we clean had major water intrusion issues. SF BayArea.
If he put this in 10 years ago, and it hasn’t been used till now, something is up.
Since he is reneging on the deal, breaking the contract, you should be able to get your earnest money back. I think I’d walk. What else is he lying about? What about the things you can’t see, the things the inspector can’t see? There might be a bigger issue somewhere else.
Good example of how nebulous contract language is meaningless and not enforcible. Your inspection tells You what the condition is of the house. What You find objectionable the owner may not. He did not lie to you in fact he fully disclosed a result from 10 yrs ago when he signed the contract and before the deluge. When you buy a house do not expect the previous owner to make it “perfect for You”. If you can’t handle that buy new construction.
Actually, he can't sell it to anyone else until he resolves your contract unless he wants to be liable for the full amount. You could wait him out. He will eventually make you an offer to settle.
You could also show the contract to the title company and request they account for the repair cost in the closing settlement. I believe they will have to do this. Simply indicate to the buyer you have concluded inspections as per the contract and are ready for closing under the written terms.
If her own agent wrote the contract and she can’t get an answer from that person, I doubt whatever was signed was very strong.
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Solly says — Be nice!
