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.
If the seller agreed to do the repairs then that is part of the contract. It doesn't matter that their electrician says there is nothing wrong if they agreed to replace it. If they agreed to evaluate it and do what the electrician recommends, then they have met that contract item.
Is this an old house? Does the house have galvanized plumbing? Is the house well insulated? Just replacing the HVAC on an older home may not improve the uneven heating throughout the house if it is an older home. Is it a two-story home?
It matters what your contract says. So what are the exact words in your contract regarding repairs?
I'm under contract of house purchasing in Dallas Texas The seller initially agreed to get the repairs done some of them are being fixed but the major issue of old electrical panel which can cause fire hazard if not replaced is not fixed as the reinspection report states.
There are various older panels that are known to contribute to issues and still found in Dallas area homes. These panels had bad designs and would require frequent maintenance (relative to newer panels) to keep them in a safe condition. I've seen some of these in very pristine and well maintained condition and have seen others never maintained that were the problem.
As others have stated it would help with suggestions if you could post the inspection and electrician report wording. What type (manufacturer) of electrical panel was it? What specific problems were present and what problems were projected to occur?
Going back and forth with seller they don't agree to give concessions only giving $500 extra. I don't wanted to close but my agent is giving me option to terminate and lose my earnest money of $2500 approx (seller is not willing to give it back) or move forward and do the repairs myself without any concessions (costing me about 5k)
See my closing and wrap up below. It sounds as if you are outside of your option period and may not have any recourse. Of course that would be a call for an Attorney to make.
I feel I'm cheated as seller provides receipts from her licensed electrician mentioning there's nothing wrong in the panel. But my licensed electrician says it definitely needs replacement and so does the inspector and reinspection.
The seller is not cheating you by providing rebuttal to your Inspector and electricians findings. You mention a "reinspection" stating again the panel needs replacing. Did the seller claim anything more than their electrician did not determine a problem was present?
Other repair not fixed mentioned in reinspection report were : uneven HVAC conditioning and slow drainage in bathtub etc. HVAC is very old like more than 23 yrs. Needs replacement at some point will cost around 8k to do that
Here again you mention a "reinspection" for these items. Did the seller make any type of claim that they performed any repairs on the system? If not why was it reinspected?
Please help me if I need to go to legal counsel
There is much that does not make sense here and I have pointed to some above. However if you can answer the following questions that can help us better understand.
Did you pay for an "Option Period" and if so how long was it?
On what day of the option period did you have the whole home inspection and get the report?
On what day of the option period did you have the electrician's inspection and receive their report/estimate.
Did your Real Estate Salesperson explain to you the purpose and significance of the option period and cancelling the contract during the option period if you were not satisfied?
Was your Real Estate Salesperson in constant contact with you during your option period and when these inspections were occurring? Did the Salesperson reiterate during this time the importance of your option period and discuss cancellation of the contract if you were not satisfied?
If you were nearing the end of your option period and these concerns existed did your Salesperson attempt to obtain an option period extension at all?
From your explanation it appears that you are out of your option period at which point you have most likely lost the right to cancel the contract for negotiation disputes about the conditions found. However an Attorney may review your contract and find something different.
If the seller agreed to do the repairs then that is part of the contract. It doesn't matter that their electrician says there is nothing wrong if they agreed to replace it. If they agreed to evaluate it and do what the electrician recommends, then they have met that contract item.
Is this an old house? Does the house have galvanized plumbing? Is the house well insulated? Just replacing the HVAC on an older home may not improve the uneven heating throughout the house if it is an older home. Is it a two-story home?
It matters what your contract says. So what are the exact words in your contract regarding repairs?
Unless the OP had a specially written contract the seller is not obligated to repair anything on the inspection or follow on reports. Here we have an "Option Period" which I'm sure you may be aware of. If repair negotiations can not be agreed to the buyer can walk before the option period ends and lose only the minimum option period payment.
If the electrical panel is outside or in a humid area it can look okay when one opens the door, but the guts inside are all corroded- one has to unscrew and remove the interior panel to see that. The seller's electrician may not have looked as deep as the home inspector did.
Usually the home inspector provides a photograph of what exactly is wrong with the panel. The seller and their electrician may not have seen these photographs. Sellers are frequently advised not to look at home inspections even if they are provided a copy of one because then every documented deficiency may have to be automatically provided to future potential buyers in the disclosure form.
It sounds like you are still in the inspection period. Every state is different but in all the states I've lived in you would be entitled to get all your earnest money back for canceling during the inspection period under most circumstances.
If the electrical panel is outside or in a humid area it can look okay when one opens the door, but the guts inside are all corroded- one has to unscrew and remove the interior panel to see that. The seller's electrician may not have looked as deep as the home inspector did.
Usually the home inspector provides a photograph of what exactly is wrong with the panel. The seller and their electrician may not have seen these photographs. Sellers are frequently advised not to look at home inspections even if they are provided a copy of one because then every documented deficiency may have to be automatically provided to future potential buyers in the disclosure form.
It sounds like you are still in the inspection period. Every state is different but in all the states I've lived in you would be entitled to get all your earnest money back for canceling during the inspection period under most circumstances.
It depends on what the exact wording of the contract says. For example, if it says something to the effect of "This agreement is subject to the purchaser's approval of the Inspection Report", then the purchaser could reject the contract and get his money back by simply saying that he doesn't "approve" of the report. It wouldn't matter what the report says because the contract didn't stipulate under what grounds the report would be approved.
Similarly, if the contract says, "subject to purchaser's approval of the termite report", that's an easy out for the buyer if he rejects the termite report within the number of days allotted for doing so.
I think the OP is a One Hit Wonder and that we will not get further clarity on the contract stipulations or whether there were negotiations and a documented agreement for repairs after inspection.
So, our responses from our experiences may not be relevant to the OP's situation.
A similar story, with a much lower price threshold further demonstrating that all licensees are not equal and that we should take the OP with a grain of salt unless more clarity is offered:
OP says: "...seller provides receipts from her licensed electrician mentioning there's nothing wrong in the panel. But my licensed electrician says it definitely needs replacement and so does the inspector and reinspection."
Yep. I had an inspection wherein the unbonded CSST gas line was gigged. Seller agreed in writing to have it repaired. Their licensed jackleg electrician told them it did not require bonding in their receipt, as it was "grandfathered in." Despite the agreement, they refused to honor their word and did not bond it.
I got it done for my buyers by a more qualified electrician post-closing for a couple hundred dollars.
Happy clients.
The sellers were a $150 listing MLS FSBO with no qualified or ethical agent counseling them. I was gratified and surprised they agreed to any repairs at all anyway.
Last edited by MikeJaquish; 01-04-2024 at 05:54 AM..
I think the OP is a One Hit Wonder and that we will not get further clarity on the contract stipulations or whether there were negotiations and a documented agreement for repairs after inspection.
That tends to be the case when we start opining not in the poster's favor.
I had a very similar experience buying my current home. Home inspector said panel needed work. I put in a new panel and had every outlet rewired (aluminum wiring) and then installed a monitored ADT alarm system. This was at my expense, everything was to code before I did my upgrades.
The HVAC was a good 15 years old. I was told it needed to go, it worked fine, just inefficient........I got 9 more years out of it before I replaced it. My electric bill went down a good 30%, maybe more and that was with 2 additional occupants coming in, making me wish I did it so much sooner. I think I went from a SEER 10 to a SEER 15 or 16.
It really comes down to how much do you want the house. Resales will never be perfection and new homes will almost always cost you top dollar. I wanted the home and the location. And I was so tired of looking. No regrets and that was 11 years ago.
Never, never, never would I have the seller "fix" things before I buy.
As a seller, I can tell you that my buyer requested, "insisted", that I fix something that showed on his inspection report. I lived in the house for forty years and never had a problem with this item.
I didn't want to be bothered with it, so I offered a closing credit instead.
He demurred so I said I would fix it.
I got several bids for the job and went with the lowest bidder. The fix was the minimum amount of work. If I had been staying in the house, I never would have fixed the problem this way. But I was moving so I didn't really care about how long the fix would last. It only had to last until closing.
The cost was lower than the closing credit I had offered.
Never, never, never would I have the seller "fix" things before I buy.
As a seller, I can tell you that my buyer requested, "insisted", that I fix something that showed on his inspection report. I lived in the house for forty years and never had a problem with this item.
I didn't want to be bothered with it, so I offered a closing credit instead.
He demurred so I said I would fix it.
I got several bids for the job and went with the lowest bidder. The fix was the minimum amount of work. If I had been staying in the house, I never would have fixed the problem this way. But I was moving so I didn't really care about how long the fix would last. It only had to last until closing.
The cost was lower than the closing credit I had offered.
Glad it worked for you, but I wouldn't take that route. I ALWAYS offer to give a credit for legitimate repairs and let the buyer have it fixed (if he so desires) AFTER the closing. Most of the time, IMO, this nit-picking of "defects" is nothing but a negotiating tool to whittle down the purchase price.
The way I see it, most of the "defects" are simply normal "wear and tear" that has already been taken into consideration by me in setting the asking price of the house. If the buyer wanted a brand-new house, then the price would have been MUCH higher than what I was asking in the first place.
And I agree with you that I don't want the seller to have a defect "fixed" when I'm the buyer. I'll take a "credit" instead and then have it fixed to suit me. I don't want some half-a$$ed repair done on the cheap that I'll have to have torn out later and then pay to have it done right.
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.
