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Wow...i just signed escrow paper (have not funded) and find the seller turned off the water and let the landscape die, sold all the yard ornaments (they were to stay per our agreement, about $4000), disconnected the irrigation, let 100s of people walk on and destroy 170 yards of pristine, expensive white carpet during a 2-week estate sale, took out 4 light fixtures, and removed carpet to expose partial plywood floor in the dining room. I have not been able to do a full inspection but there is likely to be more damage.
I am locked at 4.78% interest and probably won't have the opportunity again....
So sad....Susan
Last edited by sjguenther11; 06-17-2009 at 02:56 PM..
I have seen worse, the real nut jobs sell stuff like the interior doors and water heaters and stuff. I am not talking "pre demolition sales" either, just people that really have no respect for the BUYERS that have agreed to purchase a house.
If the total cost of the stuff damaged/ missing is significant you probably ought to talk to at least your buyer's agent and perhaps even a lawyer -- fixtures that are attached need to have SOMETHING replacing them. If the idiot seller things that you are stuck they will not budge, but as soon it dawns on them that the items they've sold off are enough to let you off the hook and put them back into the brutal BUYERS market of declining prices they ought to at least attempt to come up with something to keep you from walking...
I would not buy that house. Don't let the low interest rate force you into a sale that is no longer what you put a contract on. Get a lawyer and get out.
Wow...i just signed escrow paper (have not funded) and find the seller turned off the water and let the landscape die, sold all the yard ornaments (they were to stay per our agreement, about $4000), disconnected the irrigation, let 100s of people walk on and destroy 170 yards of pristine, expensive white carpet during a 2-week estate sale, took out 4 light fixtures, and removed carpet to expose partial plywood floor in the dining room. I have not been able to do a full inspection but there is likely to be more damage.
I am locked at 4.78% interest and probably won't have the opportunity again....
So sad....Susan
Hire a lawyer -- quick! The money to replace this destruction should be deducted from the sellers proceeds. Don't use the bank's closing lawyer. Get your own.
I have seen worse, the real nut jobs sell stuff like the interior doors and water heaters and stuff. I am not talking "pre demolition sales" either, just people that really have no respect for the BUYERS that have agreed to purchase a house.
If the total cost of the stuff damaged/ missing is significant you probably ought to talk to at least your buyer's agent and perhaps even a lawyer --fixtures that are attached need to have SOMETHING replacing them. If the idiot seller things that you are stuck they will not budge, but as soon it dawns on them that the items they've sold off are enough to let you off the hook and put them back into the brutal BUYERS market of declining prices they ought to at least attempt to come up with something to keep you from walking...
Chet is absolutely correct and the fact you went into Escrow with a beautiful yard, certain items that were agreed to be a part of the sale were obviously sold during this 'estate sale', fixtures removed - this seller is an absolute you-know-what. That aside though, do as Chet suggested and have a long heart to heart with both your agent and a good real estate attorney. Sounds like significant damage was done, if I read your post correctly. During the estate sale all he would have had to do is buy some plastic to cover carpets so then they wouldn't have been destroyed. And what's up with ripping up carpet to expose plywood?
Maybe with a strong telephone call from your real estate attorney to either the seller directly (or the listing agent if they have one), this guy will realize what he's done and do right by you (i.e., lower purchase price, etc.). If not, put the low interest rate in the back of your mind and find another house. I really am sorry you are having to go through this
Honestly sometimes just a phone call from your attorney to the seller will take care of monetary damages. Otherwise take some video and head to small claims court.
Have your agent call the pr**k's agent with a demand that the removed items be replaced with something comparable and that the water and irrigation be put back on. Or if not, demand that the price be reduced by an amount equal to the damage done. If there's no budging (give it no more than one day for the seller to agree in writing), then turn an attorney loose on the seller.
But honestly, I'd be very reluctant to buy the house. What other damage is going on that you don't yet know about? Is it worth the low interest rate?
Wow, that sucks - some loans allow for borrower to pay $ to extend time the rate is locked-in. That might give you time to consult and hopefully negotiate full compensation for damages/losses/etc.
Honestly sometimes just a phone call from your attorney to the seller will take care of monetary damages. Otherwise take some video and head to small claims court.
This sounds like a lot more damage than Small Claims Court would handle. Maybe Judge Judy could help!
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