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Old 10-17-2009, 08:02 PM
 
12 posts, read 17,149 times
Reputation: 17

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Admittedly, I'm being a bit hyper-sensitive but want to get a better understanding of things that are about to transpire..... Something don't feel right.

Two days ago I placed a low-ball offer (37K below asking) on a great home that I really, really like. Ten minutes after my Agent faxed it, a Seller's Agent from a previously expired offer called and asked for me to re-submit an offer I made two weeks prior on a different piece of property because they'll now accept it. The Seller on the new home found out I had another offer waiting and accepted my low-ball. No counter, no changes, just accepted it. Great!! Well, when my Agent calls me that night, faxes me the signature page and tells me the good news, she says, "They accepted your offer but they kinda mentioned since they accepted a low-ball they really don't want you to bring any inspection results to them. They don't want to spend any money on the house." Nothing changed on the contract other than the seller signing it under "accepted".

The home is in great condition and had an inspection one year ago by a buyer who, I'm told by their Agent, lost financing.

This is kinda improper, right. I'm not legally bound to not bring inspections results to them, since they didn't counter in writing with that, correct? Generally, what items would you bring to the Seller for repair / correction and which ones you complete yourself? Do Agent's commonly try to verbally impose requests or comments like that?
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Old 10-17-2009, 08:11 PM
 
Location: Dallas/Fort Worth, Texas
4,163 posts, read 13,843,636 times
Reputation: 2592
Nothing improper about it. They are just saying not to ask for repairs if they are minor. Obviously you are getting a great deal, congrats.

Since you don't have anything in writing where you are purchasing the house in "as-is" condition, just see what the inspection report says and go from there.

Naima
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Old 10-17-2009, 09:03 PM
 
Location: GA
2,788 posts, read 9,862,764 times
Reputation: 1157
Have the house inspected. You don't have to say anything to the seller if you choose not to. If there are issues, consult with your agent. Good luck.
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Old 10-17-2009, 09:03 PM
 
Location: Nashville, TN
1,177 posts, read 3,815,905 times
Reputation: 937
nsumner is correct. If you had an inspection contingency in your offer and the sellers signed the offer with no changes then the inspection contingency is still in force. The most important things to focus on in the inspection report are safety and functional issues identified. Also, you need to look at any significant maintenance issues that have not been accounted for in the pricing of the house.
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Old 10-17-2009, 11:02 PM
 
Location: Tempe, Arizona
4,511 posts, read 12,304,823 times
Reputation: 2197
All above is correct, you should go ahead with an inspection and submit any issues that you find unacceptable. However, the seller's seem to have communicated that they will not correct any problems you find. If true your options will be to either cancel or deal with the problems yourself after you close.
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Old 10-17-2009, 11:36 PM
f_m
 
2,289 posts, read 7,697,462 times
Reputation: 874
There are two points here, they don't want to do anything, so that's one reason they are saying don't bother to send anything to them about it. The other reason may be that, if the sale doesn't go through, they won't have to know about anything that is found in the inspection.
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Old 10-18-2009, 12:06 AM
 
Location: Kailua Kona, HI
3,199 posts, read 11,932,405 times
Reputation: 3403
Their agent should have included an As Is Addendum (is there one in your state?). Perhaps he will when you get to the actual contract signing and accepting stage. One can always have an inspection as Buyer, so that you have an independent opinion on the condition of the property but on the other hand, Sellers can always include and As Is to communicate properly that they will not correct any perceived "defects". Common when accepting a lowball offer.
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Old 10-18-2009, 08:20 AM
 
Location: Tempe, Arizona
4,511 posts, read 12,304,823 times
Reputation: 2197
Quote:
Originally Posted by rjrcm View Post
All above is correct, you should go ahead with an inspection and submit any issues that you find unacceptable. However, the seller's seem to have communicated that they will not correct any problems you find. If true your options will be to either cancel or deal with the problems yourself after you close.
I wanted to clarify that there may be some items in the contract that are warranted to be functioning at close, such as heating, cooling, plumbing, electrical, etc that must be repaired if found to not be working. At least, we do in our contract. Without an "as-is" addendum to override this requirement, they still must repair them.
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Old 10-18-2009, 08:52 AM
 
Location: Barrington
53,133 posts, read 37,305,502 times
Reputation: 17277
Do not rely on someone else's inspection. Get your own.

In typical contracts, the seller is not obligated to make any repairs. It's all negotiable.

In this instance, it sounds like the sellers have made you aware they are not going to negotiate repairs, given the price they accepted, not uncommon. As poster f_m said, they also may prefer not to be given knowledge of any issues, because the law in your state might require subsequent disclosure, if your contract does not proceed to close.

In any event, the cart is before the horse. Get the inspection done and find out what the issues are. Only you can decide what you are willing to accept, or not, verus the agreed upon price no different than the seller's ability to decline any and all repairs.
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Old 10-18-2009, 09:14 AM
 
Location: DFW - Coppell / Las Colinas
35,899 posts, read 39,571,761 times
Reputation: 43011
Good advice from all above. There may be major issues you don't see that are revealed during the inspections. They may be significant enough where you don't want the house at all.
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