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.
I have had my heart broken on more than one occasion, when shopping for a house. You find the one you know you can't live without, and then something happens to screw up the deal.
Every time that scenario has presented it's self, we ended up in a better place and were glad things worked out as they did. So keep smiling, keep shopping, and know that when you do find the perfect house, you will be glad you passed on this one.
Location: Georgia, on the Florida line, right above Tallahassee
10,471 posts, read 15,833,234 times
Reputation: 6438
Quote:
Originally Posted by VivaLaEvie
I am going to try and make this clear and brief:
We finally found a house we loved that was priced well, so we put in an offer. The sellers did not respond. Three days later, we got a counter - for a reasonable price. One thing, it was for an "As Is" sale - we could do inspections, but if we disclosed anything we found during the inspections to the seller or their agent, we lost our $10k deposit.
We loved the house, so we signed.
The seller's disclosure said the septic had been serviced in May 08 and had no problems. However, when I contacted the local septic agency, I discovered that they had been out there and the system had problems and had been overflowing. Turns out, the sellers had also called in another septic agent to pump it - the day before made their counter offer to us! Needless to say, the system failed the septic inspection.
So, we withdrew our offer. They came back and said they would release their "gag" order on us and negotiate the septic system. We provided proposals, but then changed our minds and withdrew. If they were lying and trying to hide this, how can we trust anything else is the truth?
To make matters even worse, they are moving out of the country, which is why they thought they could band-aid the problem and then leave. So, if a buyer did not discover it until later, they would have no recourse.
The really sad thing is that I loved, loved this house. This was my house. We would be moving in next week.
Ughh - the hunt continues.
Has anyone ever heard of this type of gag order before? We spent over $1,400 on inspections, appraisals, etc. too. Very disappointing.
That's the craziest crap I have ever read on this forum.
Yeah....like the others said.. I'd have been real quick with "no thanks."
Actually, I would've started laughing hysterically as I gave them the googly eye. And then walked away.
Just my opinion..... I'd fire the Realtor, too (if it was me). They're supposed to work in your best interest. Nothing about that deal says, "Best interest" (to me).
...it was for an "As Is" sale - we could do inspections, but if we disclosed anything we found during the inspections to the seller or their agent, we lost our $10k deposit.
I agree with the other posters who felt that you were right to walk away. Sometimes the home of your dreams is being sold by the seller of your nightmares.
BTW (others might confirm this), i think that the reason for the gag order is that, in many jurisdictions, if a seller knows of a significant problem (i.e. one that would impede the issuance of a Certificate of Occupancy) with the house, they're required to declare it to all potential buyers. They discovered that they had a problem with the septic, and had it pumped out by another firm in the hope that they could get away without declaring the larger problem. The gag order was simply to prevent you from officially letting them know of the problem.
Septic overflows are usually signs of inadequate maintenance, not necessarily the end of the world. Overflows cause contamination and may be a health hazzard. Getting a pump out may or may not fully correct the issue. Only a qualified Septic System Company can determine what's really going on.
The disturbing part of this whole deal is that the seller and his /her agent contrived the gag order to prevent proof of knowledge of material problems, to avoid having to disclose them, going forward, a HUGE red flag.
I'd consider letting this agent go. And in hindsight, this was most likely not your dream home. You'll know it when it comes.
Can any agents out there explain to the rest of us if this is even legal? I understand why they might have it in place, certainly benefits the seller so they don't have to disclose, but is this a common business practice that is legal?
Never heard of a so called "gag order". It is true that if the seller or agent knows of defects that it would need to be disclosed. It does not seem like they were very trustworthy from the beginning. It would definitely raise a red flag for me and I would advise my buyer against signing something like that but it is always the buyers decision to make. As the buyers agent it would still put me in a bad position if I knew of the problem and the house was later relisted with no disclosure. Witholding the money if you don't keep your mouth shut in other situations would be considered blackmail. Sorry to hear you got caught up in such a situation. Losing money on a deal when it was not your fault that it fell through can be hard to swallow. Good luck!
Just to echo JoJo's advice - you beat me to it! - NEVER, EVER fall so in love with a property, ANY property, that you can't walk away from it in a heartbeat.
I've moved more than a few times for work. This is a very important ground rule: NEVER FALL IN LOVE WITH A PROPERTY!!!!! It's business, not love.
The disturbing part of this whole deal is that the seller and his /her agent contrived the gag order to prevent proof of knowledge of material problems, to avoid having to disclose them, going forward, a HUGE red flag.
Yes and they did this so they can continue not to disclose this to the next buyer which in our state would be illegal. If they are hiding this issue there may be more that your inspector may not have found.
If the will lie to someone on this they will lie to someone over other issues.
There is also an old saying that if someone will lie to you, they will steal from you also. I've always found this to be true.
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.
