Possum Jenkins Posted July 17, 2007 Share Posted July 17, 2007 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 Agree with you here, but I think they would have ended up at the same place regardless... The buyer's agent (who probably was present, or at least should have been) should have not allowed anything beyond the scope of "inspection" to continue until the owner was contacted and consent was given. Either way, I think the end result is the same... Quote Link to comment Share on other sites More sharing options...
wiegie Posted July 17, 2007 Share Posted July 17, 2007 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. If I read it correctly, muck has offered to pay 100% of the pipe repair costs no matter how expensive it gets. He just just said that if the pipe repair costs less than $3000 that he will give the buyers the difference to fix the chimney. (or at least that's how I interpreted it after I read it a third time) Quote Link to comment Share on other sites More sharing options...
wiegie Posted July 17, 2007 Share Posted July 17, 2007 The buyer's agent (who probably was present, or at least should have been) should have not allowed anything beyond the scope of "inspection" to continue until the owner was contacted and consent was given. Either way, I think the end result is the same... Somebody correct me if I am wrong, but isn't the "buyer's agent" actually legally working for the seller (sort of as an agent of muck's selling agent)? In that sense, he/she might have had the legal authority to say yes to the continued inspection. Quote Link to comment Share on other sites More sharing options...
muck Posted July 17, 2007 Author Share Posted July 17, 2007 If I read it correctly, muck has offered to pay 100% of the pipe repair costs no matter how expensive it gets. He just just said that if the pipe repair costs less than $3000 that he will give the buyers the difference to fix the chimney. (or at least that's how I interpreted it after I read it a third time) Yes. That is essentially it. The buyers agent has been doing this for only the last three years and seems very much a rookie. This is continuing to drag out as the buyers are not signing anything until they talk to the plumber I want to hire, as if somehow they will be able to know whether or not he knows what he's doing any better than the plumber the buyer wants to hire. I told my agent to make the language something like "Seller will fix the pipe to the satisfaction of a Master Plumber of the Sellers choosing and the inspection from the City of _________________, KS" ... not "Seller will fix the pipe to the satisfaction of the Buyer's plumber" (which is essentially how it reads now). Quote Link to comment Share on other sites More sharing options...
whomper Posted July 17, 2007 Share Posted July 17, 2007 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 Very fair Muck..After this offer I would impliment Savages poker theory.. Quote Link to comment Share on other sites More sharing options...
muck Posted July 17, 2007 Author Share Posted July 17, 2007 Just came back to me (finally) and said that their biggest issue all along has been the chimney ... that it's a fire hazard and that they want me to pony up $675 to take care of the fire hazard part. This is ridiculous. It's extortion. But, it's still a bigger pain in the arse to have to continue dealing with this. I'm half tempted to tell my agent that I will pay $__________ for fixes and commission to the two agents and they can figure out amongst the buyers and the two agents how to spread the money around. GOOD GRIEF! Quote Link to comment Share on other sites More sharing options...
wiegie Posted July 17, 2007 Share Posted July 17, 2007 Just came back to me (finally) and said that their biggest issue all along has been the chimney ... that it's a fire hazard and that they want me to pony up $675 to take care of the fire hazard part. This is ridiculous. It's extortion. But, it's still a bigger pain in the arse to have to continue dealing with this. I'm half tempted to tell my agent that I will pay $__________ for fixes and commission to the two agents and they can figure out amongst the buyers and the two agents how to spread the money around. GOOD GRIEF! Don't fix anything and tell them that they can use the backed-up raw sewage to put out the fire. Problem solved and everybody is happy. Quote Link to comment Share on other sites More sharing options...
muck Posted July 17, 2007 Author Share Posted July 17, 2007 Don't fix anything and tell them that they can use the backed-up raw sewage to put out the fire. Problem solved and everybody is happy. I was thinking about telling them that. BTW, the buyer just played the "sympathy card" ... apparently the buyer is a young single mom who's husband just left her and she's trying to get her feet back under her and doesn't want another man to take advantage of her. Quote Link to comment Share on other sites More sharing options...
wiegie Posted July 17, 2007 Share Posted July 17, 2007 (edited) I was thinking about telling them that. BTW, the buyer just played the "sympathy card" ... apparently the buyer is a young single mom who's husband just left her and she's trying to get her feet back under her and doesn't want another man to take advantage of her. I think the next call to your agent should be from your wife then. On the other hand, I'm not exactly sure what your main complaint is here. Unless you think her inspector is screwing you over and is reporting fictious problems, then I think the buyer has the right to ask you to pay to fix them. (When she made the offer on the home, I am guessing it was with the understanding that the home wouldn't have any major problems. (For confirmation of this point, I'm guessing there wasn't anything in the offer that said that she would give you extra money if the home inspection came back A-OK, was there?)) Edited July 18, 2007 by wiegie Quote Link to comment Share on other sites More sharing options...
untateve Posted July 18, 2007 Share Posted July 18, 2007 I was thinking about telling them that. BTW, the buyer just played the "sympathy card" ... apparently the buyer is a young single mom who's husband just left her and she's trying to get her feet back under her and doesn't want another man to take advantage of her. Well, I guess your sleeping with her is now out of the question. Quote Link to comment Share on other sites More sharing options...
cre8tiff Posted July 18, 2007 Share Posted July 18, 2007 You know, the money you are having to spend on these repairs is really nothing compared to the reaming you are getting from the realtor's commission for the sale. So think about that and maybe it will take your mind off the repairs. Quote Link to comment Share on other sites More sharing options...
untateve Posted July 18, 2007 Share Posted July 18, 2007 I was thinking about telling them that. BTW, the buyer just played the "sympathy card" ... apparently the buyer is a young single mom who's husband just left her and she's trying to get her feet back under her and doesn't want another man to take advantage of her. Of course, you could also make the aggressive move and attack her weakness--tell her that her husband wouldn't have left her if she wasn't such a pain in the ass. Quote Link to comment Share on other sites More sharing options...
Chief Dick Posted July 18, 2007 Share Posted July 18, 2007 Of course, you could also make the aggressive move and attack her weakness--tell her that her husband wouldn't have left her if she wasn't such a pain in the ass. THIS is pure comedy. Quote Link to comment Share on other sites More sharing options...
Brewer Posted July 22, 2007 Share Posted July 22, 2007 probably, but from a legal perspective, what are the damages? if the problem is an old, corroded pipe, there is simply no way they are legally liable for fixing it.well, their camera got stuck at the same location, so obviously there's pretty strong evidence there was some blockage there before the rooter guy went in. in any case, i'm pretty certain that the only way a snake could collapse a pipe is if the structure of the pipe was badly compromised (and in need of replacement) in the first place. like maybe it could cause a ticking time bomb to go off, so to speak. i seriously doubt there is any way it can blow a hole in a perfectly good pipe, and if you want me to believe otherwise i'll need a link. Az, I can't provide a link, as I'm not sure how many websites are dedicated to broken sewer lines, but I have seen at least 3 myself in the last few years. Most recent one was a septic system at a golf course, under the first tee box of all places. I don't know what the guy running the truck was thinking, but he blew out four perfectly good end caps. A little more information would be helpful. Was the line PVC, transite, cast iron? Quote Link to comment Share on other sites More sharing options...
Chief Dick Posted July 22, 2007 Share Posted July 22, 2007 Az, I can't provide a link, as I'm not sure how many websites are dedicated to broken sewer lines, but I have seen at least 3 myself in the last few years. Most recent one was a septic system at a golf course, under the first tee box of all places. I don't know what the guy running the truck was thinking, but he blew out four perfectly good end caps. A little more information would be helpful. Was the line PVC, transite, cast iron? That part of town has old pipe. Most likely cast iron. Quote Link to comment Share on other sites More sharing options...
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