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Old 11-16-2013, 10:04 PM
 
216 posts, read 704,603 times
Reputation: 88

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After inspection, my attorney forward the list of all the broken things in this house to the seller's attorney. Today seller got back to me, saying he will not repaire all the broken things. For example, many windows have broken springs and/or decayed window frames, when you lift up the windows, then let go, the windows will just slam down like a guillotine, VERY DANGEROUS! The roof has many missing and damaged shingles, and is near the end of its service life. The kitchen sink disposal is not working, and we can see the dirty water clogging the sink during inspection. Unsafe construction of deck and electric wiring in the electrical control panel.......

How can this seller just refuse to repaire the so obvious broken and unsafe things? What should I do? I am a serious buyer, otherwise I would not spend time and money, and go thus far. But this unrealistic seller really sounds crazy. Should I just cancel the deal?
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Old 11-16-2013, 10:15 PM
 
Location: LA
223 posts, read 493,455 times
Reputation: 94
Walk away, though no house is perfect. Our house still has the original 1930's windows that open from top and bottom and can chop you in half since some are loose and others stick. I love them since they are original, but my fiance doesn't. Some of them even still work with the old pulley system.

Roofs and other items are not going to be fixed. The best you can do is get someone out there to give you a quote and try to negotiate the price down based on that. If you bring enough of the issues to the table and come up with something reasonable the seller may realize any buyer will do the same and be more willing to negotiate down. No house is going to be without problems.

I don't mind the fixing, as anything we encounter I fix it or hire someone and document for when its time to sell for a buyer just like yourself.
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Old 11-16-2013, 10:34 PM
 
Location: Martinsville, NJ
6,165 posts, read 12,370,661 times
Reputation: 3986
Quote:
Originally Posted by artking09 View Post
After inspection, my attorney forward the list of all the broken things in this house to the seller's attorney. Today seller got back to me, saying he will not repaire all the broken things. For example, many windows have broken springs and/or decayed window frames, when you lift up the windows, then let go, the windows will just slam down like a guillotine, VERY DANGEROUS! The roof has many missing and damaged shingles, and is near the end of its service life. The kitchen sink disposal is not working, and we can see the dirty water clogging the sink during inspection. Unsafe construction of deck and electric wiring in the electrical control panel.......

How can this seller just refuse to repaire the so obvious broken and unsafe things? What should I do? I am a serious buyer, otherwise I would not spend time and money, and go thus far. But this unrealistic seller really sounds crazy. Should I just cancel the deal?
I'm not going to opine on whether you should "cancel the deal" or not. That's up to you to decide after weighing all the factors, including any consequence that may come of cancelling.

But I will ask this; you point out that all these issues are "obvious". Were they not obvious to you when you first looked at the house, before you made your offer? Did you not know that the roof has missing tiles, that the window frames were rotting, etc? Is it possible that the price is reflective of the condition of the property, and that if these issues were not there the house would command a higher price?
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Old 11-16-2013, 10:42 PM
 
Location: Riverside Ca
22,155 posts, read 29,561,421 times
Reputation: 35334
Quote:
Originally Posted by artking09 View Post
After inspection, my attorney forward the list of all the broken things in this house to the seller's attorney. Today seller got back to me, saying he will not repaire all the broken things. For example, many windows have broken springs and/or decayed window frames, when you lift up the windows, then let go, the windows will just slam down like a guillotine, VERY DANGEROUS! The roof has many missing and damaged shingles, and is near the end of its service life. The kitchen sink disposal is not working, and we can see the dirty water clogging the sink during inspection. Unsafe construction of deck and electric wiring in the electrical control panel.......

How can this seller just refuse to repaire the so obvious broken and unsafe things? What should I do? I am a serious buyer, otherwise I would not spend time and money, and go thus far. But this unrealistic seller really sounds crazy. Should I just cancel the deal?
He doesn't HAVE TO fix anything. It's all in your offer and your contingencies. But just because you want them fixed doesn't. Mean he's going to run out and fix them. Did he agree to repair the items and now refusing? Are you in escrow or still in negotiating stages?
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Old 11-16-2013, 10:51 PM
 
216 posts, read 704,603 times
Reputation: 88
Quote:
Originally Posted by Bill Keegan View Post
I'm not going to opine on whether you should "cancel the deal" or not. That's up to you to decide after weighing all the factors, including any consequence that may come of cancelling.

But I will ask this; you point out that all these issues are "obvious". Were they not obvious to you when you first looked at the house, before you made your offer? Did you not know that the roof has missing tiles, that the window frames were rotting, etc? Is it possible that the price is reflective of the condition of the property, and that if these issues were not there the house would command a higher price?
how do I possibly know the roof was missing shingles when I looked at house? Am I suppose to turn on the water and check if the disposal works during open house? That is what the home inspector for. "obvious" means after the seller read the inspection report and see what it is there in pictures.
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Old 11-16-2013, 10:55 PM
 
216 posts, read 704,603 times
Reputation: 88
Quote:
Originally Posted by Electrician4you View Post
He doesn't HAVE TO fix anything. It's all in your offer and your contingencies. But just because you want them fixed doesn't. Mean he's going to run out and fix them. Did he agree to repair the items and now refusing? Are you in escrow or still in negotiating stages?
of course, it is in home inspection contingency.
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Old 11-16-2013, 11:16 PM
 
Location: Riverside Ca
22,155 posts, read 29,561,421 times
Reputation: 35334
Quote:
Originally Posted by artking09 View Post
of course, it is in home inspection contingency.

Ok do at this point you say I'll take it as is or seller fix all these issues and I'll buy it or here a resubmittal with my new offer based on what I found at my home inspection or I'll buy it at agreed price you kick back x amount for repairs at close of escrow.

If he says no then you walk away. I walked away in a similar situation as yours. After home inspection. I got a call a week later from the seller. I made him a even lower offer than before. About 50k lower. He got mad. I took my money and walked away. House is STILL for sale today and it's been over a year now.
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Old 11-16-2013, 11:17 PM
 
Location: Johns Island
2,402 posts, read 3,971,032 times
Reputation: 3521
artking, you have three options. Walk away from the deal. Adjust your price based on the problems you identified. Pay the agreed upon price.

It's that simple. Don't get caught up in writing about the sellers state of mind. Most likely he thinks the price already factors in the problems, so he's wondering why you're complaining. If you don't want to pay to fix the problems, or can't live with the problems, or he won't lower the price, then walk away. There's always another house.

Sent from my SPH-M950 using Tapatalk
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Old 11-17-2013, 12:23 AM
 
Location: Kailua Kona, HI
3,199 posts, read 12,823,989 times
Reputation: 3416
Is there an As Is Addendum mentioned in the listing? If you can't accept his terms, move on.
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Old 11-17-2013, 12:26 AM
 
Location: Kailua Kona, HI
3,199 posts, read 12,823,989 times
Reputation: 3416
Quote:
Originally Posted by artking09 View Post
how do I possibly know the roof was missing shingles when I looked at house? Am I suppose to turn on the water and check if the disposal works during open house? That is what the home inspector for. "obvious" means after the seller read the inspection report and see what it is there in pictures.
Actually that is what a lot of people do on their 2nd or 3rd look. They start really looking closely at things and getting an idea in mind of the severity, cost to repair, etc. As a buyer's rep, I personally try to look very carefully at issues that an excited buyer might miss and point them out. What are your realtor's views on the situation?
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