Software
Houzz Logo Print
dan_hoon

Yard Damage Prior to Settlement

7 years ago

So, we are to settle on our new home on 2/28 and part of the house sale was that they would remove a boat on premises. In the process they have destroyed the yard, and the boat isn't even gone yet. Is there some way I can at least get money to repair the yard damage at settlement, keeping in mind the asking price of the house was $210k and we settled on $185k?

Comments (17)

  • 7 years ago

    Ugh. What a mess, and they're not done yet!

    Yes - work your realtor. And I don't really think the price you agreed on, nor the asking price, has anything to do with this. You just need an estimate on repair costs.

  • 7 years ago
    last modified: 7 years ago

    Well, they didn't "destroy" your yard. But yes, either notify (or have Realtor notify, if represented) the Seller and indicate that the boat must be removed and the yard restored prior to closing.


    Worse thing that can happen is that a landscaper, or you, regrade it and plant some grass seed in the spring.

  • 7 years ago

    Getting worse and the boat is still there.. and there is a truck stuck in the mid now. Ugh.

  • 7 years ago

    seller need to hire a 'tow truck'; seller needs to pay for repairs to yard.


  • 7 years ago

    Final damage.

  • 7 years ago

    And the fence as well! Ouch!

  • 7 years ago
    Yeah, the fence was going to come down anyway.. but not by driving a boat over it.
  • 7 years ago

    Holy cow!!! Seller definitely needs to take care of that mess! Let us know how it goes, please.

  • 7 years ago

    A shame, they could have prevented that with some scrap boards. They should do the repair but your ground may be too wet to attempt it right now. I wouldn't let it be a deal breaker, I could do it myself but would take an afternoon. Ideal would be loosen the compacted soil, level, seed or lay sod.

    Can I give you a boat removal story that was worse, lighten your day? SIL and her husband bought waterfront property (residential) that included a derelict boat. A big boat. It had sunk several years before and was still under water other than bridge and at low tide. The hoops they jumped through with the owner and the city trying to get that boat removed.

  • 7 years ago

    I would get an estimate on how much it would cost to fix the damage from a landscape company and then then I would ask to hold that amount in escrow at closing if it isn't something that can be fixed now. You have no leverage once you've closed to received the funds. Or negotiate to get the money at the closing. However I as a seller would insist on the escrow part just so they new owner would actually use the money for the intended purpose, though I doubt I would leave the yard like that to start with.

  • 7 years ago

    Definitely get a few estimates from real landscapers and ask your realtor about the best way to ask for that $ back at closing. Not sure about the escrow point, because the damaged property is worth less than what you agreed to buy regardless of how you spend the money it would take to make repairs (e.g. DIY or professional.) Don't let the sellers say that they'll fix it, because who knows what kind of a hack job they'd do? I'd also get a quote on fixing the fence. Whether it was coming down or not (and hopefully they didn't know whether it was), they damaged a fence that was fine when you agreed to the sales price.

  • 7 years ago

    And do not accept a personal check from the seller.

  • 7 years ago

    They killed the fence as well!


  • 7 years ago

    This is what we did in a similar situation. Only ours was discovered as we drove past the home on the way to the closing. We asked for a certain amount of money be placed in the closing attorney's trust account. The sellers were expecting a check for their equity. So, there was money available from the sale proceeds. Then, we asked the seller to remedy the issue. If they didn't not fix the issue to our satisfaction in a timely manner, we could arrange to have it corrected and submit a bill to the closing attorney for reimbursement.

    In our case the seller was able to correct the situation. We just signed a release and the closing attorney sent them a check for the amount held in the escrow account.

    This is done with enough regularity that it was not a big deal. It is possible that they may get it repaired before closing. Don't take their word for it. Arrange for this in advance. If it's repaired prior to closing, you can cancel the arrangements. Be certain to schedule a brief inspection inside and outside on the day of closing to assure yourself that all has been done to your satisfaction.

    They may do additional damage to the fence before this is all done and over.

  • 7 years ago

    Most lenders will not accept repair escrows now.

    There should be a clause in your contract that deals with this scenario exactly... it should say something like the property will be in the same or better shape as it was at time of contract execution. There should also be a clause that deals with moving damage.

    Tell your agent that you want it addressed now! Like said in above posts, do not let the sellers repair.

  • 7 years ago

    Some realtors will do these repair escrows as an agreement that is separate from the sales contract. This keeps the lender from sticking their nose in the business and helps to move beyond the issue.