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Hi,
I've posted on this forum before about a house we're buying. At the time, we were debating whether to go ahead with the purchase after we found out there are no COs for several improvements (deck, finished basement and bathroom in the basement). Anyway, after lengthy negotiations, discussions with our attorney and mortgage person, we've decided to take the risk and move forward (we have some provisions in the contract to protect us if the bank raises the issue).
We thought things would go smoothly after that, but they have not been. The sellers have been extremely difficult on every single issue (friable asbestos removal, contract details, etc.). Anyway, after much aggravation we finally signed the contracts and they were picked up by the seller's agent the same day to be delivered to the seller's attorney office (they were so anxious to get them ASAP). We assumed we would get the executed copies the next day.
The next day our attorney gets an email from their attorney, asking if we would be okay if they removed 2 rose bushes in the backyard and an additional fridge in the basement... are you kidding me?! We told them we couldn't confirm anything, as we don't recall the size, location of those bushes, nor do we know how their removal would affect the landscaping. Maybe we would consider it when we see the house again. In any case, they should have included these exclusions in the listing and/or in the draft contract. Not AFTER we've signed! It's just absurd.
We told them to send the contracts back immediately or cancel the deal. They're saying they can't, and that we have to agree to these exclusion first, then they'll send the contracts. My guts tell me we should cancel as they are obviously either problem people or simply DUMB people. But my head tells me we would be losing a house we want over rose bushes...
First thought, what are they going to come up with next? Are they coming up with things to delay the closing for some reason?
It's easy for people not in your shoes to say walk away (or follow your gut) because of these issues but you're far too invested in this and the finish line so close. Rose bushes are preventing you from getting a house you really want. It's not easy getting to this point (even if you hadn't run into those issues) and if it comes down to that, I'd say just finish the deal - it's just landscaping. HOWEVER, be sure you're protected from any damage they may cause by taking out those bushes. Take a look at exactly what they'd be removing and take pictures first.
I typically have a long leash when it comes to problems that arise... and this would be the last pass...
No offense but all the advice on here was not to go with this deal....because the lack of COs that they didn't want to deal with are just the tip of the iceberg with people like this. I can pretty much guarantee you are going to have more problems than this down the road. Not trying to be snarky or mean, but these people have shown their true colors time and again. You've already agreed to hold the bag for COs that - by your own admission - are going to be difficult to get. They are just going to take and take and take. You arent going to lose this house over rose bushes - sometimes the universe tries to tell you something and you have to open your ears.
You could also look at it as another opportunity to negotiate. Get your lawyer to tell them the price of the house will be lower by 3,000 if they dig up the bushes and take the refrigerator.
And then, do a before closing walk through to make sure the house is as finally represented and nothing else is missing.
Status:
"Let this year be over..."
(set 21 days ago)
Location: Where my bills arrive
19,219 posts, read 17,091,524 times
Reputation: 15538
Outwardly the 2 bushes appear to be a minor issue and if all had been going well I would say let them have it, that being said...
The seller sounds like they have been playing games from the start, legitamate issues have been only grudgingly addressed. As another poster stated they should have listed the landscaping items in the contract. You should decide how big an issue is it to you? If you are going to allow it stipulate that the bushs may not be removed till after the sale so you can be present with their removal.
I know from my own experiences that selling/buying a house in NY is the most convoluted expierence in real estate.
Sorry, but the lack of CO's would have been a deal breaker for me. Moving into a home is aggravating enough. You're not "losing" a house over a couple of rosebushes. You're saving yourself the grief that will likely continue if you proceed with this sale.
These people don't sound like they really want to sell their home.
I wouldn't want to deal with people like them. If they'd like to sell in this market, they should stop thinking about themselves so much and tend more to their prospective buyer. They're lucky to have one.
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