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muck

Legal issue w/ the sale of my home

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Would it be that bad to let them walk? Fix what needs to be fixed and bump up the asking price?

 

Fix the pipe requires digging in the yard, creating a huge mess ... it'd be at least three or four weeks (at least) before the "evidence" (i.e., the extra dirt, sod and potentially new concrete if it gets that far) was gone. Plus, the potential exists if the homeowner doesn't fill-in the trench correctly (i.e., leave the dirt in the yard, water the trench, and fill-in any sinking with more dirt...may need to do this every couple of days for a month or more), you may end up with a ditch in your yard.

 

We now live more than 30 minutes away from this house and I don't have the time to go over there every two or three days for an hour or two a time to fiddle around with watering the trench and filling in with new dirt...all in the hopes of saving a couple thousand dollars (their offer to buy the house is a really very fair offer and I have no reason to expect a meaningfully higher offer down the road ... espectially since the buyer wants to close on July 27, I have less than two weeks of carrying costs left).

 

I've resigned myself that it's not a big enough amount to pursue through some legal argument which may or may not hold water.

 

I've resigned myself that it's too big of a PITA to spend (probably) 6-10hrs / week for 4-6 weeks to fill in the trench with new dirt, etc.

 

I've resigned myself that the short time horizon to close is worth at least $1500 and I need to factor this into the transaction.

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Maybe. Or he could use it as a very reasonable way to up his asking price. It doesn't sound like he's going to be getting any help from the current buyer, so maybe he can get a better deal by waiting.

 

 

if he gets out of this for 2500 its probably cheaper to keep his existing deal but I see your point. Not knowing the monthly upkeep or if he has a mortgage on this property makes it tough to gauge the right move financially.

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I don't see how fixing the sewer is gonna have an affect on the ability to ask for more in price. I'd understand if it resulted in the remodel of a bathroom or a new kitchen floor or something tangible that does add value to a house, but the repair of a sewer pipe is not something that gets added to a list of homes features that would make a seller say, oohh, I want that so I will pay 10K more than he was asking just 2 months ago.

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one thing i realized when selling my place, dont let it get personal. its a biz transaction and just make the best decision financially. if u have to pay a little to sell it, may be the thing to do.

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Buyers are requiring us to pay for the whole thing or else they're going to walk.

 

Don't blink. This is a high stakes poker game. You have options. Don't allow them to dictate all of the terms. You need to seriously consider what alternatives you have, and then not be afraid to tell them what you want to happen in order for the deal to go through.

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Fix the pipe requires digging in the yard, creating a huge mess ... it'd be at least three or four weeks (at least) before the "evidence" (i.e., the extra dirt, sod and potentially new concrete if it gets that far) was gone. Plus, the potential exists if the homeowner doesn't fill-in the trench correctly (i.e., leave the dirt in the yard, water the trench, and fill-in any sinking with more dirt...may need to do this every couple of days for a month or more), you may end up with a ditch in your yard.

 

We now live more than 30 minutes away from this house and I don't have the time to go over there every two or three days for an hour or two a time to fiddle around with watering the trench and filling in with new dirt...all in the hopes of saving a couple thousand dollars (their offer to buy the house is a really very fair offer and I have no reason to expect a meaningfully higher offer down the road ... espectially since the buyer wants to close on July 27, I have less than two weeks of carrying costs left).

 

I've resigned myself that it's not a big enough amount to pursue through some legal argument which may or may not hold water.

 

I've resigned myself that it's too big of a PITA to spend (probably) 6-10hrs / week for 4-6 weeks to fill in the trench with new dirt, etc.

 

I've resigned myself that the short time horizon to close is worth at least $1500 and I need to factor this into the transaction.

 

Yes, that certainly sounds like it wouldn't be worth the trouble for you. Unfortunate that the very fair offer that you have now looks less attractive than it did a week ago, but sounds like the right way to go. Especially to remove that mortgage quickly.

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that's what i'm thinking. that would probably be appealing to them, because it sounds as if the drain is working ok for now, maybe they put off the costly repair for a bit. you can work the contract so that the "purchase price" is the same as it was before (so they don't just get loaned 3k less), and the 3K is an "allowance" which they basically receive as a cash payment at closing. they would probably bite off on that.

 

Figure out the your maximum threshold of pain in losing this deal and make that your offer whether it be 3k or 5k or whatever. Tell them the chimney works fine as does the drain but they still get cash to fix either/both.

 

I've never heard of having a sewer line inspected by a camera by the way. That's a bit hardcore. Whenever someone doing an inspection stands to gain from a poor result it's always dicey. The home inspector has nothing to gain but the chimney "expert" and the plummer do!

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if he gets out of this for 2500 its probably cheaper to keep his existing deal but I see your point. Not knowing the monthly upkeep or if he has a mortgage on this property makes it tough to gauge the right move financially.

 

Yeah, that's true too. Sounds like muck is interested in closing the deal in a couple of weeks for the reasons you stated.

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I don't see how fixing the sewer is gonna have an affect on the ability to ask for more in price. I'd understand if it resulted in the remodel of a bathroom or a new kitchen floor or something tangible that does add value to a house, but the repair of a sewer pipe is not something that gets added to a list of homes features that would make a seller say, oohh, I want that so I will pay 10K more than he was asking just 2 months ago.

 

I'd agree that it's not something you'd list like a remodeled bathroom, but it seems reasonable to me to say to a prospective buyer "we've done x, y and z including substantial improvements to the sewer system, something that you won't have to worry about anymore". Not overly compelling on its own, but a noteworthy improvement to the structure of the property.

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I've never heard of having a sewer line inspected by a camera by the way. That's a bit hardcore.

 

the cameras aren't that big a deal, you can rent them from a lot of places. i tell you what though, next time i buy an older house i will absolutely make sure the inspector cameras the drain lines, or pay a plumber to come do it if need be. woulda saved me $1200 if i'd done it on my house, which i bought a couple years ago.

Edited by Azazello1313

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I'd agree that it's not something you'd list like a remodeled bathroom, but it seems reasonable to me to say to a prospective buyer "we've done x, y and z including substantial improvements to the sewer system, something that you won't have to worry about anymore". Not overly compelling on its own, but a noteworthy improvement to the structure of the property.

 

 

You can make fliers with an image of someone peacefully taking a crap

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I don't see how fixing the sewer is gonna have an affect on the ability to ask for more in price. I'd understand if it resulted in the remodel of a bathroom or a new kitchen floor or something tangible that does add value to a house, but the repair of a sewer pipe is not something that gets added to a list of homes features that would make a seller say, oohh, I want that so I will pay 10K more than he was asking just 2 months ago.

 

if it's an older house and they replaced the whole sewer system, that is something that would make a big difference to a savvy buyer. but if you just tell them, "i replaced a bad section of the main line", i don't think that increases the value of your home one cent. if anything, it would make buyers more wary, reminding them how old the pipes are (except for that one little section you replaced).

 

savage said this is like a high stakes poker game. true, but muck is holding a crappy hand.

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You can make fliers with an image of someone peacefully taking a crap

 

Serenity Now.

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If this is the route you go be careful. When an issue involves something underground you never know what they might find when the get there..I regards to my oil tank that I mentioned above they wanted to be sure the ground surrounding it was not contaminated.
IANAL, but if you put the money in escrow for the repairs and the house closes, but in the course of the actual repairs it's discovered that the yard has a large oil tank or some other issue, isn't it no longer the seller's responsibility? This obviously presumes that the seller was not aware of the tank (or other issue).

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IANAL,

 

 

:D

 

 

but if you put the money in escrow for the repairs and the house closes, but in the course of the actual repairs it's discovered that the yard has a large oil tank or some other issue, isn't it no longer the seller's responsibility? This obviously presumes that the seller was not aware of the tank (or other issue).

 

If you find something you couldnt find or werent looking for after you close then the buyer is responsible . They had an opportunity to inspect and didnt discover. The buyer may have a claim against the inspection CO. but thats a different story. Money left in escrow for a specific repair is tricky..If its an issue that can lead to other issues as a buyer I wouldnt do it and would insist the repair was done before I close

Edited by whomper

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Don't blink. This is a high stakes poker game. You have options. Don't allow them to dictate all of the terms. You need to seriously consider what alternatives you have, and then not be afraid to tell them what you want to happen in order for the deal to go through.

Except this is a buyer's market right now and the buyer's are holding all the high cards.

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Or you can consider the North St. Louis Option wid my friends LaMonte' and Key'shaun who will "inspect" yor property and test it's fireproofness.

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Or you can consider the North St. Louis Option wid my friends LaMonte' and Key'shaun who will "inspect" yor property and test it's fireproofness.

 

:D

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true, but muck is holding a crappy hand.

 

True dat.

 

Buyer asked for: Fix the pipe ($2.5 - 6k, depending) and the chimney ($2k)

 

Buyer was offered: Put $3k in escrow for whatever you want fixed

 

Buyer asked for: Fix the pipe and put $1k towards the chimney

 

Buyer has been offered: Fix the pipe, and if it's less than $3k (i.e., the best case scenario), put the difference towards the chimney and if it's not, then they get the pipe fixed and they can figure out the chimney at their leisure

 

...I've been waiting since yesterday afternoon to hear if that's a good enough deal to get us closed... The buyers' agent seemed to indicate that it would probably allow us to get the deal done, but wasn't sure.

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the cameras aren't that big a deal, you can rent them from a lot of places. i tell you what though, next time i buy an older house i will absolutely make sure the inspector cameras the drain lines, or pay a plumber to come do it if need be. woulda saved me $1200 if i'd done it on my house, which i bought a couple years ago.

 

 

Similar boat there.

 

My large Maple Tree in the front yard, which was very attractive to me when I bought the place, has invasive roots like a motherSUPERCALIFRAGILISTICEXPIALIDOCIOUS !!!er.

 

I've been able to manage the problem in my sewer with a couple roto-rooter jobs and most recently, Root-X foaming root-killer. The Root-X seems to be a real winner so far.

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This entire situation went south once you allowed them to enter your property without you or someone representing you (agent/lawyer) present.

 

I just purchased a home and I wasn't allowed on the property without BOTH the owner and his agent. And I agree with his reasoning to that. When I do sell my house I can guarantee I will set the same standards (at least one of us there).

 

Goodluck

Edited by MrTed46

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This entire situation went south once you allowed them to enter your property without you or someone representing you (agent/lawyer) present.

 

I just purchased a home and I wasn't allowed on the property without BOTH the owner and his agent. And I agree with his reasoning to that. When I do sell my house I can guarantee I will set the same standards (at least one of us there).

 

Goodluck

 

It seems that you (and some others) think that by having the owner or an agent on the premises at the time that this would have been avoided. The far greater likelyhood is that Muck would have agreed to allow the plumber to clear the pipe for the scope (because as far as Muck was concerned, there was nothing wrong with the pipe and he has nothing to hide). When that inspection indicated a blockage and the Buyer was willing to pay to have it cleared, Muck, like every other homeowner out there, would have (had they asked) allowed them to pay to have the pipe cleaned. If he didn't, or if he said "no you can't inspect the pipe, and you can't clear the blockage to inspect it further" then it would have looked shady and the buyer probably would have walked.

 

Now, Muck could take his chances and wait for someone else who would have requested that type of inspection to buy the house, but he may now have an obligation to disclose that defect. Better to just take the bird in the hand. Az's earlier post is on the money.

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that seems fair, muck, it seems like everyone wants to get a deal done, i would imagine they'll go with it. if i were them though, i'd counter with something that protects them a little more if the pipe repair gets out of hand. like your offer, and anything over 3K on the pipe gets split 50/50.

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It seems that you (and some others) think that by having the owner or an agent on the premises at the time that this would have been avoided. The far greater likelyhood is that Muck would have agreed to allow the plumber to clear the pipe for the scope (because as far as Muck was concerned, there was nothing wrong with the pipe and he has nothing to hide). When that inspection indicated a blockage and the Buyer was willing to pay to have it cleared, Muck, like every other homeowner out there, would have (had they asked) allowed them to pay to have the pipe cleaned. If he didn't, or if he said "no you can't inspect the pipe, and you can't clear the blockage to inspect it further" then it would have looked shady and the buyer probably would have walked.

 

Now, Muck could take his chances and wait for someone else who would have requested that type of inspection to buy the house, but he may now have an obligation to disclose that defect. Better to just take the bird in the hand. Az's earlier post is on the money.

 

My having an agent on the premises at least controls the outcome it might not change it. But for 100% fact there wouldnt have been work done without concent have someone been present and that is where everything went south. JMHO

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that seems fair, muck, it seems like everyone wants to get a deal done, i would imagine they'll go with it. if i were them though, i'd counter with something that protects them a little more if the pipe repair gets out of hand. like your offer, and anything over 3K on the pipe gets split 50/50.

 

 

+1. your offer seems to be fair and reasonable I am sure they will accept it especially if they want the house.

 

I hope this all clears up in an acceptable manner.

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