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Is NCrealestateguy Around?

9 years ago

I need a little advice. We've sold our home. We've got a contract on another home. We are in our due diligence period. We found some minor items. No big deal. On a second visit that occurred when it was raining, we found a Major item. Today we extended the due diligence period another week.

The metal roof is leaking in two places. There are fireplaces at each end of the house. There is an active leak on one, the other leaked in the past, was badly repaired and it's only a matter of time before it starts to leak again. The homeowner knew of past damage and noted it on the disclosure. We believe that he was ripped off by his crappy roofer. However, it's leaking badly and for an extended period of time. There is damage to upstairs closets and bedroom walls when you look closely. We see evidence of mold, too. We don't know how far it goes, but lets assume it goes a ways. Water must go somewhere, there is probably damage to the first floor walls, as well. We won't know unless we open up some walls. We are going over there today with a second contractor to get an assessment and cost to cure.

The good news is we found all of this before the end of the due diligence period. We are still interested in the house. From a realtor's standpoint, how would you approach this situation? What kind of possible options could we pursue?


Comments (18)

  • PRO
    9 years ago

    From a buyer's perspective, I would expect ALL of this to be fully repaired (to my satisfaction) at the cost of the seller. If they are not willing to do this, then get bids for having it done and ask them for either a reduced price or cash to do the repairs at closing. Or you can walk away.

  • 9 years ago
    last modified: 9 years ago

    I would not let the sellers arrange any of the repair. It is in their best interest to do the repairs as quickly and cheaply as possible. That is not your best interest.

    As mentioned above, get your bids and then ask the sellers for a price reduction or cash at closing.

    It's possible their insurance might repair the damage. If they go that route, it will be on record that the house had extensive water damage. It may effect your ability to get homeowner's or cause your premiums to be higher.

  • 9 years ago

    I would take the contractor estimates, and ask for at least that much of a price reduction (or credit) from the sellers.

  • 9 years ago

    What CLC said.

  • 9 years ago

    We got an estimate from two trusted contractors. We had them add a contingency amount in case more damage is found when it gets opened up. We have been upfront with the seller that this amount includes a contingent amount. We have asked that the estimate amount be escrowed. Any funds that are unused upon completion of the repairs will be returned to the seller. The repairs should be completed within a month of closing.

    I hope that seems fair. I don't want to take advantage of the seller. They've already been ripped off by their contractor. If it were me, I'd take it. But, you never know how people will react. I could see the seller getting defensive and making a bad decision.

    Like I said, the good news is we found it before closing and not after. This is why you have good inspections. This is a local move and we have relationships with tradesmen. This would be really scary if we were first time buyers or from out of town.

    We didn't hire a home inspector. Why spend $700 when all they are going to tell you is to consult a licensed professional. We brought in our plumber, electrician and HVAC contractor for inspection. Each of them found something that needed attention and we know what will require future attention. Those are usually the biggest items.

    DH did the structural and I did the appliances. DH found the leaks. We had two licensed general contractors, both with extensive experience with metal roofing into the property to help with the damage assessment. They found the rest of the damage.

    Interesting tip: When inspecting for drywall damage, turn off the lights in the room and use a flashlight. You will be able to see the bubbling of the drywall surface and any repairs. With the room lights on, you can't see it.

  • 9 years ago

    I've been bass fishing with my son...

    Two items I see that may need to be addressed.

    One is of your home owners insurance like referenced above. Do you know if the owner is claiming the repair? If so, you need to speak with your rep and see how that will affect your rates. Sometimes it can raise rates quite a bit. Not all of the risk is borne upon the policy holder, some risk is attached to the property.

    Second, are you certain that your lender will be ok financing a house with a current water leak and mold behind the walls?

  • 9 years ago

    Update. After consulting our mortgage broker, we cannot escrow the repair funds. On to plan B. We amended our amendment and asked for a reduction in the sales price to cover the repairs. That was 48 hours ago. Due diligence expires tomorrow at 6 p.m. We have heard nothing from the seller. Radio silence. The seller's agent has been exceedingly difficult to work with mostly because he doesn't answer calls, voice mail or texts. I'm very satisfied with my agents communication. She's been stellar.

    There is always the possibility that they are getting their own estimate and want to counter once they receive it. That's okay. It's what I would have done under the circumstances. Still, it would have been nice if the seller's agent were to contact us and let us know they are waiting on an estimate or that they don't plan to counter.

    Part of the problem is there were two other offers on this property. We don't know if we were the highest or the best qualified or both. I suspect the seller's agent thinks his position is stronger than it really is. We are qualified and ready to close. Do his seller's really want to start over? They've got a leaking roof with damage. If we go away, they will have to repair it and that's time and money out of their pockets. They are going to have to spend the money one way or another.

    I'll update tomorrow night. Meanwhile we have identified a back up property and a rental with plans to build. Do I want to move once or twice?


  • 9 years ago

    They got back to us last night. They want to do the repairs. We instructed our agent to say no. The buyer must complete these repairs. This is to protect us from shoddy workmanship and fraud. They have proved untrustworthy on two items already. We gave her a bottom line amount on the price reduction. They must respond by 9:00 or we walk. I've got to move on. I can't waste anymore time on people who are trying to rip me off. The person who bought our house would like to live in it.

  • 9 years ago

    I would hold your ground....if they can't agree to that, then it isn't meant to be. Good luck!

  • 9 years ago

    It wasn't meant to be. We canceled the offer. Oh well. We insist upon doing repairs ourselves. A seller will do them on the cheap. It's human nature.

    I really think this deal would have gone through if the seller's had a better agent. The inability to communicate with him in a timely manner was a continuing frustration. In the end, his lack of communication soured the deal beyond repair.

    We are currently putting in an offer on our second choice. It's just business.

  • 9 years ago

    Congrats. That's the way to do it. I just had a deal where the sellers terminated the contract on buyer's advice and then five days after the sellers signed the Termination, the buyers came back. It happens.

    Are you certain that the lender will be ok with a current leaking roof and the mold?

  • 9 years ago

    Yes, we checked. I wouldn't have gone this route if it wasn't approved. Underwriting was fine with it.

    The seller claims that Service Master was out to check the mold issue and it was negative. Maybe it was. I don't know for sure. They haven't produced a receipt or report. We are comfortable that there is enough money in the reduction to effect repairs. All that stuff will be torn out and replaced.

    They do have to fix the well. It needs a new standpipe collar. It's too short and is allowing ground water infiltration that leads to contamination. The well only services the unoccupied garage apartment. We can always tie it into the county water system that serves the main house. They have to produce a testing report from the county.

  • 9 years ago

    Good for you for standing your ground. In your ability to walk away and remove the emotional attachment (that could be to your detriment) you showed a very effective negotiation technique that had no downside to you, and good upside.

    Nice work and congrats!

  • 9 years ago

    Bluffing works best when you're not bluffing.

  • 9 years ago

    Bluffing only works when your not bluffing.

  • 9 years ago

    We weren't bluffing. We go to closing on Friday. Maybe we should have kept walking. We keep asking ourselves if there is something we missed? We'll let you know next week when we actually move in and find out.

  • 9 years ago

    I think you made the right decision - you went in with eyes wide open.

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