Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
It's a conventional loan.
The repairs have been made, and we already paid the handyman $250. So this is past tense now.
Below is the section in the contract.
Well, the big question that jumped out at me from reading that was para 13 A which referred to repairs required by the lender as a result of the appraisal and prior to the walk through inspection.
Was this repair required by the lender? If not, then tell the buyer to fix it himself if he wants it fixed.
Wasn't this defect discovered at the walk through inspection? If so, again, tell the buyer to jump in the lake.
It's possible that I don't recall your initial post correctly, but I'll go back and check.
EDIT: Looking back through the posts, it appears to me that this "repair" was basically called out by your real estate agent. Also, since I read that inspections were waived by the buyer, then why the heck would the buyer expect you to fix this little rotten wood problem? It really sounds to me like the problem was YOUR AGENT.
Well, the big question that jumped out at me from reading that was para 13 A which referred to repairs required by the lender as a result of the appraisal and prior to the walk through inspection.
Was this repair required by the lender? If not, then tell the buyer to fix it himself if he wants it fixed.
Wasn't this defect discovered at the walk through inspection? If so, again, tell the buyer to jump in the lake.
It's possible that I don't recall your initial post correctly, but I'll go back and check.
EDIT: Looking back through the posts, it appears to me that this "repair" was basically called out by your real estate agent. Also, since I read that inspections were waived by the buyer, then why the heck would the buyer expect you to fix this little rotten wood problem? It really sounds to me like the problem was YOUR AGENT.
Good points, the appraisal inspection report didn't mention anything that needed to be repaired.
When you say walk through inspection , do you mean the first time the buyers saw the home?
I'm wondering why the attorney this morning didn't spot this and you did?
At this point whatever the buyers are requesting we fix during their final walk through I'm just going to say pound some sand. Take it or leave it and if the agent doesn't want to lose this sale it'll have to come out of their commission a this point.
Good points, the appraisal inspection report didn't mention anything that needed to be repaired.
When you say walk through inspection , do you mean the first time the buyers saw the home?
I'm wondering why the attorney this morning didn't spot this and you did?
At this point whatever the buyers are requesting we fix during their final walk through I'm just going to say pound some sand. Take it or leave it and if the agent doesn't want to lose this sale it'll have to come out of their commission a this point.
It doesn't sound like you've been well represented by your agent or your attorney. I can't say why they didn't catch these things. I have had considerable experience reading and reviewing contracts, and re-writing as necessary for many years. I did that some as part of my professional life and some in my personal investment life. It's not that difficult, IMO. You just need to take the time to read it and UNDERSTAND what you're reading. Good luck.
It doesn't sound like you've been well represented by your agent or your attorney. I can't say why they didn't catch these things. I have had considerable experience reading and reviewing contracts, and re-writing as necessary for many years. I did that some as part of my professional life and some in my personal investment life. It's not that difficult, IMO. You just need to take the time to read it and UNDERSTAND what you're reading. Good luck.
I agree, the understanding part I would've hoped my agent or attorney would've filled in the gaps for me.
Like I stated I'm not the expert I these matters.
Also I wish I would've found this site prior to this whole process. The resources and suggestions here have really been helpful.
Actually I re-read 13a again and those are two separate things. 13a only cares about the appraisal inspection which didn't reveal anything hence we didn't need to fix anything.
13b refers to the termite/ moisture inspection which did reveal some items and 13b3 is where it says I am responsible for any repairs stated in said report prior to the walk through. There is a section here where I would need an attorney to clarify though. It reads, " The selection of the company to make any repairs , if required, shall be at the seller's discretion."
How does one decide the "if required" part? And I assume the "if required" refers to the repairs?
Last edited by poofybruno; 05-25-2021 at 06:12 AM..
It's 'required' if the cl100 says it's required. The seller gets to select who does the work though. Most of the time it needs to be a licensed contractor.
Actually I re-read 13a again and those are two separate things. 13a only cares about the appraisal inspection which didn't reveal anything hence we didn't need to fix anything.
13b refers to the termite/ moisture inspection which did reveal some items and 13b3 is where it says I am responsible for any repairs stated in said report prior to the walk through. There is a section here where I would need an attorney to clarify though. It reads, " The selection of the company to make any repairs , if required, shall be at the seller's discretion."
How does one decide the "if required" part? And I assume the "if required" refers to the repairs?
I went back and read the applicable portion of your contract again. Here is my interpretation of the applicable parts.
13.A. Doesn't apply since this is not work that's required by the lender.
13.B.1 This section pertains to damage from wood destroying insects (which doesn't apply to your situation). It also pertains to damage from moisture and standing water. At first, you might think that his applies to your situation, but if you read carefully, it does NOT apply.
Here's why it doesn't apply. It applies only to damage below the first floor level. In particular, it mentions damage to foundation and understructure, crawl space, sill plates, joists, sub flooring, etc.
According to a prior post that you made, here is how you described the damage. "Latest update, the termite people came by on Thursday to spray the foundation, upon doing they noted said moisture damage to the bottom of the frame of the front door and side door of the garage and noted it in their paperwork."
Quite obviously, any damage to a first floor door frame or the door frame of the side door to the garage is going to be ABOVE the first floor level. Therefore, it is not applicable or included in section 13.B.1 damage which applies only to "foundation, understructure, crawl space, joists, sill plates. subflooring, etc"
So, based on this, I can not find any requirement in the contract that says you need to repair moisture damage to a door frame because the damaged door frames are not part of the foundation, understructure, crawl space, etc.
It's 'required' if the cl100 says it's required. The seller gets to select who does the work though. Most of the time it needs to be a licensed contractor.
CL 100 is the wood infestation report. A pest management company inspects the house for wood destroying pest, fungi, and water damage and they are required for some loans, including VA loans. CL is actually short for "clear letter". #1 items that shows up on those is the bottoms of exterior door jambs because the builders typically don't use treated lumber for them. When they lose a little paint, and it rains, the splash eventually causes wood deterioration like what the OP is dealing with. Cheap and easy fix, very common and not worrisome.
Buyer's final walk through happened, no request to repair anything.
Closing on Thursday.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
