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Yes... Bosox... I think yours is a fair reading of the events as they were told here. The leak and the repair were not disclosed, they were discovered... At an impromptu final walk-through right before closing. From there the situation did not improve. Trust was broken.
I'm pretty sure OP said somewhere in there his agent had been informed prior to the WT and he looked prior to repair completion. The agent told him prior to the WT, or maybe because he was informed he did the WT prior to completion. Also, I think the WT was 3 days or a week prior to closing and not "right before closing."
I guess in the end it doesn't really matter. OP wasn't going to buy a home that had a leak regardless, and for me that's why I have a hard time having sympathy with the OP. They should have either only looked at new homes or just rented. They wasted everyone's time, the sellers money, and his own money (inspections and EM). It had to have been a new leak or the water stain after inspections would have been obvious. It would have also been nice to know location/style/age of the home. If it was built in the 70's and had copper pipes there's the potential other pipes may start to go. If it's a newer home with PVC or PEX, probably not a big deal. We never got that info.
It wasn't unknown causes and damage. The toilet upstairs had a leak. They cut a hole in the ceiling to repair it. After said repair, the drywall was repaired. Leak and repair were disclosed to the buyer and he did walk through to see it prior to the drywall being painted where the patch occured.
The buyer won't purchase a home that has had a leak and would rather give up his earnest money and buy that house. The seller was upset that they held up their end of the contract which was the home was to convey in the same condition as when contracted so they wanted the buyer to pay for the other repairs they made per the inspection. Before mediation escalated their expenses they decided to settle for just the EM and move on.
The buyer is a bit of a worrier and should rent instead of buying IMO. They clearly are not ready for home ownership.
Hearsay. No physical evidence at all. The owner allegedly told his agent who told the other agent who told the buyer. Would you use that as a basis to advise a client, especially after the information provided about both agents being less than forthcoming?
Hearsay. No physical evidence at all. The owner allegedly told his agent who told the other agent who told the buyer. Would you use that as a basis to advise a client, especially after the information provided about both agents being less than forthcoming?
The buyer said he was told by his agent who was reporting information from the sellers agent. No hearsay. The buyer knew from the agent link.
There is no evidence that either agent was less than forthcoming.
You continue to try and find an issue where there may well be none.
I'm pretty sure OP said somewhere in there his agent had been informed prior to the WT and he looked prior to repair completion. The agent told him prior to the WT, or maybe because he was informed he did the WT prior to completion. Also, I think the WT was 3 days or a week prior to closing and not "right before closing."
I guess in the end it doesn't really matter. OP wasn't going to buy a home that had a leak regardless, and for me that's why I have a hard time having sympathy with the OP. They should have either only looked at new homes or just rented. They wasted everyone's time, the sellers money, and his own money (inspections and EM). It had to have been a new leak or the water stain after inspections would have been obvious. It would have also been nice to know location/style/age of the home. If it was built in the 70's and had copper pipes there's the potential other pipes may start to go. If it's a newer home with PVC or PEX, probably not a big deal. We never got that info.
Like I said, I demand to check the house because the seller did not do what they promised. My agent gave me a bunch of lousy excuses until I told him if there something wrong with the house during the walk through. I won't sign any paper. Then he let me in and " 15 mins before let me in, he told me that seller agent told him there was a leak last night ( then later he said yesterday noon)". If someone says that is " properly" informing then seriously wrong with the way of informing, even more my agent saying everything was done, just need to re-paint and good as new ( I meant all other agents said that they would stop right there to investigate and try to make the seller pay for RE-inspection and do over...). He is not even bother to fight for me. PLus all of the shady stuffs happened, I just don't trust any of them.
Like I said, I demand to check the house because the seller did not do what they promised. My agent gave me a bunch of lousy excuses until I told him if there something wrong with the house during the walk through. I won't sign any paper. Then he let me in and " 15 mins before let me in, he told me that seller agent told him there was a leak last night ( then later he said yesterday noon)". If someone says that is " properly" informing then seriously wrong with the way of informing, even more my agent saying everything was done, just need to re-paint and good as new ( I meant all other agents said that they would stop right there to investigate and try to make the seller pay for RE-inspection and do over...). He is not even bother to fight for me. PLus all of the shady stuffs happened, I just don't trust any of them.
You are well within your rights to proceed as you have. You were there and felt the vibes. None of us were so you have a much better view.
On the other hand this is a formal process with a well determined route. You broke that process. Unfortunately that has cost you.
Be somewhat more sympathetic to the seller. Here within days of closing he has a leak which threatens all sorts of stuff. So he scrambles to get it all repaired and fixed before it queers the deal. That he should inform the buyer is probably the furthest thing from his mind. Not trying to cheat the buyer or something...just trying to get it all done. Likely paying big premiums to get it done today.
Like I said, I demand to check the house because the seller did not do what they promised. My agent gave me a bunch of lousy excuses until I told him if there something wrong with the house during the walk through. I won't sign any paper. Then he let me in and " 15 mins before let me in, he told me that seller agent told him there was a leak last night ( then later he said yesterday noon)". If someone says that is " properly" informing then seriously wrong with the way of informing, even more my agent saying everything was done, just need to re-paint and good as new ( I meant all other agents said that they would stop right there to investigate and try to make the seller pay for RE-inspection and do over...). He is not even bother to fight for me. PLus all of the shady stuffs happened, I just don't trust any of them.
Which was the landscape correct?
Here's what I don't understand. You had a deal to buy the house. However, you get so upset after seeing the landscape wasn't clean you threatened to make problems during the final walk-through. You demand your agent come over as soon as possible and let you do an interior inspection.
Why did you insist on inspecting the home instead of demanding a landscaper get over right away and clean up the front and backyards?
This is like canceling a car purchase because the tire got a leak.
Leaks can turn into nightmares costing thousands of dollars.
OP needs time to hire his own plumber to inspect and tell him what's wrong, and cost to totally repair. He can't rely on people who have a conflict of interest in pretending it's fine, and sale must go on.
Bathrooms leak sometimes. It can be minor. But it can indicate a serious plumbing problem. It also sounds like the seller didn't pay to have the damage professionally repaired.
He can get out of the contract, IMO, because it's not in the same condition as when they signed the contract. And the seller/seller's agent were deceptive in trying to hide it.
Here's what I don't understand. You had a deal to buy the house. However, you get so upset after seeing the landscape wasn't clean you threatened to make problems during the final walk-through. You demand your agent come over as soon as possible and let you do an interior inspection.
Why did you insist on inspecting the home instead of demanding a landscaper get over right away and clean up the front and backyards?
All buyers should do a walk-through a day or two before closing. To make sure nothing was damaged in the move-out, things are essentially the same, the sellers didn't take all the light fixtures and such w/them (it happens), the sellers didn't leave a huge mess to clean up.
The OP did the right thing on insisting on a walk-through. See how he caught this leak issue, that they were trying to keep from him? And it wasn't being professionally repaired, either. He would have walked in after closing and seen that tacky patch job that wasn't there before, and possible other damage. And would not have known there was a leak or where it came from. It's suspicious.
That's the key bpollen. I would bet the patch job is still visible today. It did NOT look like a quality repair. OP deserved to be in on the process to fix the leak and approve of the final result.
You are well within your rights to proceed as you have. You were there and felt the vibes. None of us were so you have a much better view.
On the other hand this is a formal process with a well determined route. You broke that process. Unfortunately that has cost you.
Be somewhat more sympathetic to the seller. Here within days of closing he has a leak which threatens all sorts of stuff. So he scrambles to get it all repaired and fixed before it queers the deal. That he should inform the buyer is probably the furthest thing from his mind. Not trying to cheat the buyer or something...just trying to get it all done. Likely paying big premiums to get it done today.
What process did he break? It's normal for a buyer to do a walk-through a day or two before closing. And he should do that. He shouldn't have said "if anything is wrong...." But in reality, he does have the right to withdraw if there is anything significantly wrong, or at least to push the closing back until he has time to learn about the problem, have it inspected and professionally addressed.
Add to it the seller and agents were intentionally trying to hide the leak from him...unethical, dishonest. They can't be trusted.
He needs to hire his own plumber, postpone the closing for the time being, and then see what repairs need to be done. At the seller's expense.
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