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Old 08-02-2010, 04:32 PM
 
14,477 posts, read 20,652,743 times
Reputation: 8000

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The house I'm buying had a used gas water heater when I went to view the house. It was not hooked up. Since then, the selling agent for bank has highly resisted having the gas turned on, but finally agreed for the inspection.
He sent unknown persons (as far as specialist) out to hook up the water heater, so the gas could be turned on. They installed a new vent for the water heater but installed it incorrectly as they have the flashing under the shingles. The water valve to the water heater leaks. The over flow line is in the outgoing hot water line and supposed to be on the incoming cold line, in theory, according to the inspector.

I understood "water heater hooked up" to mean hot water. Not so.

Now we discover last Friday that the MSL listing states an electric water heater not gas. My agent explains this away as:
the selling agent "thought" the existing one was electric, just an error.

My agent says wait on the inspection report, and then ask the bank to address the hot water heater issue.

The MLS says electric and what is there is a non working (or the people who have tried to get it working can not) gas water heater.

The selling agent said the previous owners left the gas heater behind.
My agent believes that, though we have caught the selling agent fibbing about sources of a water leak to the ceiling.
I believe this used water heater was put there, so the house would at least have one.

Does the offer I made based on the listing have any weight in this water heater issue?
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Old 08-02-2010, 04:42 PM
 
Location: Hoosierville
17,424 posts, read 14,642,907 times
Reputation: 11626
Quote:
Originally Posted by howard555 View Post
The house I'm buying had a used gas water heater when I went to view the house. It was not hooked up. Since then, the selling agent for bank has highly resisted having the gas turned on, but finally agreed for the inspection.
He sent unknown persons (as far as specialist) out to hook up the water heater, so the gas could be turned on. They installed a new vent for the water heater but installed it incorrectly as they have the flashing under the shingles. The water valve to the water heater leaks. The over flow line is in the outgoing hot water line and supposed to be on the incoming cold line, in theory, according to the inspector.

I understood "water heater hooked up" to mean hot water. Not so.

Now we discover last Friday that the MSL listing states an electric water heater not gas. My agent explains this away as:
the selling agent "thought" the existing one was electric, just an error.

My agent says wait on the inspection report, and then ask the bank to address the hot water heater issue.

The MLS says electric and what is there is a non working (or the people who have tried to get it working can not) gas water heater.

The selling agent said the previous owners left the gas heater behind.
My agent believes that, though we have caught the selling agent fibbing about sources of a water leak to the ceiling.
I believe this used water heater was put there, so the house would at least have one.

Does the offer I made based on the listing have any weight in this water heater issue?
Well, from your timeline, you didn't make the offer based on the listing - you discovered the error of electric vs. gas after the fact.
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Old 08-02-2010, 04:49 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,311,234 times
Reputation: 6471
Your contract has a specified time for inspections and due diligence on your part. If during this period of time you discover things that aren't quite right you can do one of several things;

A: Do nothing and accept things as they are.
B: Make an addendum to the contract asking for repairs of what you have found.
C: Walk away.
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Old 08-02-2010, 05:29 PM
 
Location: DFW
40,951 posts, read 49,189,517 times
Reputation: 55008
You ought to go find a normal house that's not a bank foreclosure. If your trying to get a steal or great deal, be prepared to deal with these issues. (like an adult)

The bank or the listing agent have not lived in the house so to some degree you're on your own. I just did one where the buyer had to pay to get the utilities turned on since the bank would not. They thought it was worth the expense to check out all the systems.
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Old 08-02-2010, 05:52 PM
 
Location: Austin
7,244 posts, read 21,811,238 times
Reputation: 10015
Your MLS should state something on every single listing like, "Information deemed to be accurate but not guaranteed" so they are protected with the mistake of the electric verse gas. You're dealing with a foreclosure, bank owned property where they know nothing about the property, and you're very lucky they actually did send someone out to connect, even if they did it wrong. Most banks could careless as they're "as is" sales.
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Old 08-02-2010, 06:29 PM
 
Location: Salem, OR
15,578 posts, read 40,434,848 times
Reputation: 17483
Quote:
Originally Posted by DMenscha View Post
Your contract has a specified time for inspections and due diligence on your part. If during this period of time you discover things that aren't quite right you can do one of several things;

A: Do nothing and accept things as they are.
B: Make an addendum to the contract asking for repairs of what you have found.
C: Walk away.

Ditto, except that I'll add you can also ask the bank to reduce the price or give you more closing costs so that you can pay for the repair yourself.

This is a bank owned property. What "weight" are you trying to have here?
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Old 08-05-2010, 04:03 PM
 
704 posts, read 2,069,458 times
Reputation: 97
[quote)This is a bank owned property. What "weight" are you trying to have here?[/quote]

I thought the listing stating an electric water heater, might give me a better chance of asking for an electric, instead of the non working gas water heater that is in the house now.

-------------------

The agent is local and he ordered the repairs, and prepared the listing and he could have taken a 5-10 minute walk through to make sure the listing was correct.

They changed the listing today....from electric water heater to gas.....
8 days after the contract was signed.

I have asked for the defective gas water heater to be replaced.
Installed and operational.
The bank has asked the selling agency to get an estimate.
Maybe they are playing games, but if they asked for an estimate that seems like they are considering it.

As it turned out the selling agent fibbed about the source of water leaks to all the ceilings, the professionals sent in the attic to locate the leak, knocked the gas heat vent off on both ends and pulled some duct work back from the a/c unit and put none of that back where they found it. They hooked up the gas water heater after fighting like an alligator on that for 4 days, before the inspection. Those professionals installed it wrong, as they have the water heater vent flashing under the shingles and not above, the cutoff valve leaks, and the pressure valve was installed on the wrong water line, so the repair crews made some errors.
Inspection found the true cause of certain issues.

The inspector, they sure are thorough. He noted the "space" between the brick and the outside faucet as needing cement colored caulking, he noted the one closet door that would not close properly, and many other small details. He was there about 4 hours and the inspection report was 16 pages with photos and his findings were marked "acceptable, marginable, or defective."
20 items were marked defective.

When the bank replies about the water heater, I'll have to take it or walk. Deadline to close is August 18th unless the seller causes the delay.
If I delay past that date, $100 a day penalty.
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Old 08-05-2010, 06:01 PM
 
Location: DFW
40,951 posts, read 49,189,517 times
Reputation: 55008
I really confused who the OP is Howard or Naemm. Are we one in the same person ?
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Old 08-05-2010, 08:25 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,581,108 times
Reputation: 2201
Quote:
Originally Posted by Rakin View Post
I really confused who the OP is Howard or Naemm. Are we one in the same person ?
Glad it wasn't just me .
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Old 08-05-2010, 08:57 PM
 
Location: Hoosierville
17,424 posts, read 14,642,907 times
Reputation: 11626
Hmmm ... wow.

Multiple personalities apparently.
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