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Got a question for anyone with any background with this in any way.
I'm in the process of buying/selling a home. We have contracts signed on our house and the house we're buying. Inspection on our house was done. It was supposed to be within 7 days, but for whatever reason, they waited 2 weeks. Which I was a bit irritated about because time for closing was within a month of the contract, so it really pushes you with the time left before closing.
Everything passed except the electrical work. The box needs updated and also some work on the outside, which I am handling tomorrow. That's about $1200. I went way under what I really wanted to take, AND threw in a washer and dryer which I now have to buy for our new house. And threw in a home warranty.
And they close tomorrow, and STILL won't give me an answer if they will close. It's an old woman and her son. Trying to milk every dollar and everything they can from us.
They for one completed the inspection too late. They never gave me the report until a week later, and just showed it to me and never left a copy. Which left me 6 days to fix the electric. Then are waiting til right now, 10 pm the night before closing, and still are asking me to throw in more, give them money in case the roof would go bad, etc, etc.
We contacted a lawyer already since the house passed inspection, and the only defect is being fixed. What, legally can we do? The agreed upon contract was broken by them, and I've been bending over backwards for them. If I didn't need the money to close on our house the following week, I would have told her to kiss my ass when the offer was initially made.
![[Linked Image from pic18.picturetrail.com]](http://pic18.picturetrail.com/VOL905/3216203/6567769/349897772.jpg) "The Browns' defense is kicking mucho dupa."
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What did your lawyer tell you?
I am no lawyer. I am not in your position.
Okay?
I'd tell the lady, tonight, since she apparently hasn't followed through on her contractual end, the price went up $5000. If she doesn't like it, you can sell it to the next person that's waiting.
Again - I'm not a lawyer - so that is not legal advice. I am not in your position where I need the money to close on another house next week.
But I am an "old school" guy - in business and in life. It works for me.
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Basically my wife called the lawyer and just left a little info. She has to call back tomorrow because she was at work, her break was about up and he had to call back. Crappy part is, I NEED the money to close on our house. Had they not bought (signed a contract) on my house, I would have used a smaller down payment. But since it sold, when I set up the loan, I put down more money with a lower number of years because I could afford it. If they walk away, I'd have a VERY short amount of time to get that original money I would have used had my house not sold, and still be about $10 grand short coming to closing. So they are pinching me. Trust me, if I had known this would have happened, I would have done the mortgage differently. And if I didn't find the house we wanted, I would have said "next!" a long time ago. They JUST called back.....apparently they agree to go to closing tomorrow if we replace the shingles that were reported missing on the house. 2 LOUSY SHINGLES! 2!!!!! Absolutely absurd..... I gotta place 2 shingles on my roof before they move in for them to honor the deal. 
"The Browns' defense is kicking mucho dupa."
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Quote:
They JUST called back.....apparently they agree to go to closing tomorrow if we replace the shingles that were reported missing on the house. 2 LOUSY SHINGLES! 2!!!!!
Absolutely absurd..... I gotta place 2 shingles on my roof before they move in for them to honor the deal.
Eat lots of fiber the day before they get the keys and don't flush.
We're trying to throw the ball downfield and he checked the ball down to Trent Richardson and the Indians on the choice.
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Quote:
Quote:
They JUST called back.....apparently they agree to go to closing tomorrow if we replace the shingles that were reported missing on the house. 2 LOUSY SHINGLES! 2!!!!!
Absolutely absurd..... I gotta place 2 shingles on my roof before they move in for them to honor the deal.
Eat lots of fiber the day before they get the keys and don't flush.
I thought fiber tightened things up. Am I wrong?
Drink lots of beer - that loosens things up. And forget to flush.
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Quote:
I thought fiber tightened things up. Am I wrong?
Eat a bunch and let me know. 
If somebody did to me what the did to him, i'd tell them to pound sand.
We're trying to throw the ball downfield and he checked the ball down to Trent Richardson and the Indians on the choice.
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It's irritating because I need to her close so I don't lose the house we're buying, because otherwise this lady would have been told to kiss my ass a long time ago. So I'll go out, buy a pack of shingles and put 2 lousy shingles up. Better than the grand she was demanding IN CASE the roof would go bad down the road. 
"The Browns' defense is kicking mucho dupa."
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Quote:
And threw in a home warranty.
I would have walked away right there, no way am I responsible for anything after the papers are signed, that's the point of negotiating before hand. Unless you intentional masked a large problem, they have no right to come back for repairs after the papers are signed. That's what the home inspection is for, to identify problems before hand so they can be fixed or compensated for.
Your opening yourself up for a major financial responsibility.
We don't have to agree with each other, to respect each others opinion.
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Curious if you are selling by owner or do you have an agent and what your agent says?
It does sound like they are trying to put your feet to the fire.
"My signature line goes here."
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Quote:
Quote:
And threw in a home warranty.
I would have walked away right there, no way am I responsible for anything after the papers are signed, that's the point of negotiating before hand. Unless you intentional masked a large problem, they have no right to come back for repairs after the papers are signed. That's what the home inspection is for, to identify problems before hand so they can be fixed or compensated for.
Your opening yourself up for a major financial responsibility.
No, that's not what this home warranty is. It's standard operating procedure these days around buying/selling a home. In a down market, the seller usually buys it.
Basically, it's a few hundred dollars for insurance in case anything goes wrong the first year of the home. The seller has no obligations to the home other than paying the insurance/warranty company at the time of closing.
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DP017: as for the problems during the selling of the home, I feel for you. a secondary consequence of the home market being down is that all the buyers want 'deals' and want to scratch out every penny because they think that every seller is desperate to sell.
i just sold my home and it was a painful process. luckily, i wasn't desperate at all and waited for the right offer (was buying a new home that won't be ready for awhile, so I could sit back and wait on the sale), but it still required more hand-holding the buyer to make them satisfied than in the past.
hope this closed for you and you can move onto the next phase in your new home.
Last edited by no_logo_required; 05/20/10 01:16 PM.
#gmstrong
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I could be wrong ..... but I thought that things went this way when I bought my last house ....
I was already pre-approved for financing.
I made a signed offer with a deposit.
The owner counter-offered.
We went back and forth a few times on the terms, etc.
We agreed on price, delivery timeframe, and inspection. I signed the revised sales agreement, the owners did, and we had a legally binding contract.
I had X number of days ..... 7 IIRC, to have an inspection. After that I waived my right to the inspection. Failure to close the sale at that point would have breached my contract and cost my my deposit, as well as opened me up to other legal action. (Unless it was a term specified in my contract)
So my question is ..... how did these people get to wait 2 weeks on a 7 day inspection window? I would think that you could have told them to pound salt and they still would have been legally bound to close as you met your contractual responsibilities.
I could be wrong though.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Well.... they didn't close today.
We called the title company, who said they were not there to close, because they haven't closed on their house yet. Which was supposed to be done 2 days prior. And their realtor represents both of these people involved with their house, so she KNOWS when they close, and blatantly lied and said it was done and they were closing on ours today.
Now, after verbally stating they were ok with the roof if I just put up 2 stinkin' shingles, they now want to bring in another roofing company to inspect it again. Which means jack, because the home inspector passed it, they are bound to it. End of story.
So my wife went to the attorney today, who needs to see the contract, but stated that if the contract is contingent upon passing of a home inspection, which it did minus the electrical repair which was completed, then it's binding. And if they fail to close, we will take legal action.
And to the person who asked if we have a realtor- yes. And he's gone to his superior over the matter, because their realtor is going right along with these people and giving into their crazy expectations. They are both livid over the way she has handled it with these buyers. My realtor did inform her we've already met with an attorney. She then stated they will close on their house Monday then immediately after close on ours.
But I ain't counting on anything until the check is in my hand. And since they verbally backtrack on everything they've ever said, nothing was written in that I needed to fix the shingles, so my realtor said don't do it. If they don't close and accept it as is, we'll take legal action.
"The Browns' defense is kicking mucho dupa."
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Quote:
I could be wrong ..... but I thought that things went this way when I bought my last house ....
I was already pre-approved for financing.
I made a signed offer with a deposit.
The owner counter-offered.
We went back and forth a few times on the terms, etc.
We agreed on price, delivery timeframe, and inspection. I signed the revised sales agreement, the owners did, and we had a legally binding contract.
I had X number of days ..... 7 IIRC, to have an inspection. After that I waived my right to the inspection. Failure to close the sale at that point would have breached my contract and cost my my deposit, as well as opened me up to other legal action. (Unless it was a term specified in my contract)
So my question is ..... how did these people get to wait 2 weeks on a 7 day inspection window? I would think that you could have told them to pound salt and they still would have been legally bound to close as you met your contractual responsibilities.
I could be wrong though.
I agree,...at a minimum take them for whatever deposit they had made at the acceptance of offer.
Some people just have to nickle-and-dime it to death as a kind of pyschological power show. Actually a sign of weakness that I would rather not have had anyone so like buy my house,....
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sounds like the shingle/roof thing was just a delay mechanism over their house closing from their realtor.
whatever happens (and wait until after close if you stick with these buyers), take action over this realtor. you won't get any $$$ out of it, but you can definitely document and report the shady practices that this realtor has taken towards you and your own realty company should be able to help you through that process.
#gmstrong
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AH the joys of dealing with the public. Your getting a small taste of what I see every day at work Bro 
I AM ALWAYS RIGHT... except when I am wrong.
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AH the joys of dealing with the public. Your getting a small taste of what I see every day at work Bro
Ah, those were the days.......you look at a trade in one day, agree to a price - customer comes back the next day and the cast aluminum wheels are off, replaced with rusty steel wheels, the tires are changed and replaced with slicks, and the stereo is gone - and they want the same price.
Or the guy that says "oh, it was $100 a month cheaper in Toledo." "Are you sure it was a purchase, and not a lease?". Yup. "Well, you better get it there then", and then they come back in 2 years wanting to trade in the same car they bought - and then you have to tell them it was a 5 year lease - and they are so upside down even God would have a tough time getting them out of it.....and YOU'RE the bad guy.
Or, or, or - it's never ending, isn't it?
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You got that right Arch. I love the ones who tell you they were offered 8,000 on trade 10 min. after you appraised their trade, and they were dumb enough leave five proposels laying in their trade in when you drove it all showing they were offered 5500 to 6000 for their trade LOL
I AM ALWAYS RIGHT... except when I am wrong.
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We ought to write a book......
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Oh the stories i could tell ......
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Well, I win.  After going to the lawyer, and making it be known, she went and closed this week. Picked up the check and closed on the new house today. New home for us!  Just not looking forward to the whole packing/moving/unpacking process.
"The Browns' defense is kicking mucho dupa."
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 Congrats!
#gmstrong #gmlapdance
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Thanks, Michelle!
I'd like to say this is the last house I will own. It's almost new, so after I slowly do the things I want to do, I should have no reason to move again.
"The Browns' defense is kicking mucho dupa."
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Congratulations. Enjoy the process ... Hope you enjoy your new home.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Quote:
We ought to write a book......
I have thought about it several times before. 
I AM ALWAYS RIGHT... except when I am wrong.
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Quote:
Thanks, Michelle!
I'd like to say this is the last house I will own. It's almost new, so after I slowly do the things I want to do, I should have no reason to move again.
hope that is the case. congrats on the home and getting through the process.
#gmstrong
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