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Old 04-25-2017, 07:02 PM
 
Location: Denver CO
24,204 posts, read 19,035,328 times
Reputation: 38265

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Call your agent's managing broker. I have a suspicion that he doesn't want anything to potentially mess up this deal while he's on vacation but he's completely out of line in refusing to pass on this reasonable (under the circumstances) request.
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Old 04-25-2017, 07:35 PM
 
Location: Austin
7,244 posts, read 21,707,687 times
Reputation: 10013
Mother nature struck. That always trumps a time frame of an inspection contingency. The seller must give the house in the condition the buyer contracted it in. If there is hail damage, that is not the agreed upon condition. You have every right to get a roofer over there. You have every right to tell the sellers to get their insurance over there if the roofer says there is damage.

That's like saying, "Yes there was a fire, but you still have to buy it all burned down and everything because you agreed before the fire happened." Get real!
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Old 04-25-2017, 08:14 PM
 
Location: Saint John, IN
11,583 posts, read 6,671,680 times
Reputation: 14786
Quote:
Originally Posted by falconheadwest View Post
mother nature struck. That always trumps a time frame of an inspection contingency. The seller must give the house in the condition the buyer contracted it in. If there is hail damage, that is not the agreed upon condition. You have every right to get a roofer over there. You have every right to tell the sellers to get their insurance over there if the roofer says there is damage.

That's like saying, "yes there was a fire, but you still have to buy it all burned down and everything because you agreed before the fire happened." get real!
Exactly!!
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Old 04-25-2017, 08:55 PM
 
Location: El paso,tx
4,513 posts, read 2,491,961 times
Reputation: 8199
Quote:
Originally Posted by emm74 View Post
Call your agent's managing broker. I have a suspicion that he doesn't want anything to potentially mess up this deal while he's on vacation but he's completely out of line in refusing to pass on this reasonable (under the circumstances) request.
This^^^ I'm a Realtor. No ethical agent would act as your agent is acting. If I'm the buyers agent, I would be coordinating with sellers agent the day after hail storm to get the inspector and roofer up there to make sure it is in the same condition as when it was inspected.
You need to go talk to your agent's broker. If he or she won't get the seller agent on phone to coordinate it, you need to hire a real estate atty and have them send a letter that you won't close until you can get it done.
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Old 04-25-2017, 09:28 PM
 
Location: DFW
40,919 posts, read 48,863,927 times
Reputation: 54906
Quote:
Originally Posted by FalconheadWest View Post
If the storm was a couple of weeks ago, you should have had someone look at the roof a couple of weeks ago. Why are you waiting so long? If there is damage, you cannot get home owner's insurance.

First, either you or the seller needs to get a roofer over there to see if there's damage. If there is, the seller needs to immediately file a claim with insurance to get an adjuster out there. Depending on how quickly that happens, you will either close on time or have to extend your closing date.

Get someone over there NOW, not at your walk thru and not the day of closing, but now.
This.

These storms happen all the time in TX. A roofer and insurance adjuster need to get out now. You probably will get a new roof.

Don't close until you verify but do it NOW.
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Old 04-25-2017, 11:11 PM
 
Location: Here and now.
11,906 posts, read 5,534,853 times
Reputation: 12963
Quote:
Originally Posted by CGab View Post
NO, YOU CALL YOUR REAL ESTATE LAWYER!! It's not up to your agent or their's. Actually it's out of their hands! YOUR lawyer will call theirs to set up a new inspection time. OTHERWISE you don't close. Simple as that! You do have a R.E. lawyer, right? I suggested this earlier today.


If you don't have a lawyer and your agent is representing you as this is how it is in some states, then I suggest calling your agent back and telling them either you inspect the roof or deal is off! You could also call the other agent and tell them the same. DO NOT close before the roof and siding are inspected or you could have thousands of $$$ in damage that you will be stuck fixing! ALSO, the final walk through is to make sure the property is in the same condition you agreed to. You CAN get up on the roof if you think there could be damage! And if there is damage you can walk away if the seller doesn't agree to have it resolved either through insurance or a bigger credit! A new roof could be $7K-12K. Siding could also be thousands!

I really hope you have a real estate lawyer!
Your agent sounds like a crook. At this point, I would be hoping for any legal way out of the deal, just to deprive this buttmunch of a commission.
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Old 04-25-2017, 11:40 PM
 
9,891 posts, read 11,681,316 times
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Yes you can bring in a roofer to check the roof to make sure it is the same condition it was when you went under contract (it is in your contact it will be). Let me tell you about our experience on a home.

I was an investment real estate broker from 1972 till I retired. In 1978 we bought a home up the mountain 30 miles to a resort town where the air was clean for my wife's health. I would commute down every day. We put our home on the market for sale. It sold real quick due to the quality and location. As it was 16 years old, the wife of the buyer was worried about the roof which was in good condition. The inspector said it was in good condition.

We had moved up the mountain. I commuted down to work the day before closing to see leaves and branches of trees laying everywhere. I found there had been an ice storm with huge chunks of ice falling that did a lot of damage, when I got to my office. I checked our home that was closing the next day, and found the shakes had been shattered to 2 inch wide pieces all over the roof. I got hold of my insurance company and a roofer that morning and by evening the insurance company was paying to replace the roof, and the roofer was booked to do it about a month later. The roofer saw the home was water tight due to the underlayment layer and remaining roof. I called the buyers wife and told her she was the luckiest person I know, as the roof she was worried about was being replaced. Was scheduled for a certain date, and the roofer had checked and said the roof would not leak till it was replaced. I told her the mortgage company had already been given the check by the insurance company and my $500 deductible and would pay as soon as the roof was replaced, and she and her husband had signed off it was replaced. She was happy they would get the new roof. We closed the next day, the roof was replaced as scheduled and the mortgage company paid the roofer.

You have a clause in your contract the home will be in the same condition it was when purchased. If the roof is ruined, then it is not in the same condition, and you can insist the roof be replaced. You don't close till the problem is solved. You can do as we did with our home. Get the estimate and the settlement agreement with the insurance to pay for the replacement, and arranged for the roofing replacement to be held in escrow. Once this is done, you can safely close.

If you want the home, and the seller will not pay for the damaged roof, take the purchase contract down to the court house and file it. With this filed, the contract is notice of lien so they cannot sell it to someone else for a year. It is really a notice you will sue them to close, and the roof to be replaced. Unless they want to wait for more than a year to sell the home, and the possibility of being sued, they will do what I mentioned above.
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Old 04-26-2017, 08:11 AM
 
132 posts, read 267,973 times
Reputation: 68
Thanks so much for sharing all the valuable advice and experience!! Without your help we might just gave in.

So After several calls and emails to the agent's office yesterday, we finally got an inspector to come tomorrow during the walk through! We initially planned on today but the agent (his assistant ) ignored our requests so we had to combine the inspection and walk through together. Our agent has disappeared already ---- every email sent to him was replied by an out of office notice. It was bizarre during the whole process: He pushed us to overbid, didn't come to the home inspection, didn't want to ask the seller for credits for the repairs, etc etc.
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Old 04-26-2017, 08:31 AM
 
Location: Austin
7,244 posts, read 21,707,687 times
Reputation: 10013
Quote:
Originally Posted by tr2163 View Post

Our agent has disappeared already ---- every email sent to him was replied by an out of office notice. It was bizarre during the whole process: He pushed us to overbid, didn't come to the home inspection, didn't want to ask the seller for credits for the repairs, etc etc.
And if you don't want this to happen to another buyer, you need to file a Code of Ethics complaint with the state board. Article 11 seems very relevant about being competent. He didn't allow you to inspect after a natural disaster and discouraged it. That's a huge mistake on his part.
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Old 04-26-2017, 08:51 AM
 
5,048 posts, read 9,554,179 times
Reputation: 4179
Quote:
Originally Posted by tr2163 View Post
Thanks so much for sharing all the valuable advice and experience!! Without your help we might just gave in.

So After several calls and emails to the agent's office yesterday, we finally got an inspector to come tomorrow during the walk through! We initially planned on today but the agent (his assistant ) ignored our requests so we had to combine the inspection and walk through together. Our agent has disappeared already ---- every email sent to him was replied by an out of office notice. It was bizarre during the whole process: He pushed us to overbid, didn't come to the home inspection, didn't want to ask the seller for credits for the repairs, etc etc.
Hope you let two agents' brokers know as well as your state licensing board. Either they will get better educated or realize they need to quit and go another way in life.
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