Real estate contract question. Need help

[Hoffy1337]

I'm a little confused about the repairs. You submitted a list of repairs and that was completed? And then you submitted a second list of repairs which is when the argument started? I can't believe either agent let a client sign such an open-ended contract to be honest.

No repairs have been completed and no agreement has been offered as to what they will or will not pay for. We had the inspection two days ago and will be submitting our final list of repairs that will be needed. If they disagree with them and they probably will then there is no agreement. Please keep in mind that the list is very long and I’m not talking about paint marked up. There are 5 broken window frames, damaged concrete, damaged aluminum roofing, garage door, doors that won’t close and the list goes on and on. The list has grown since our initial offer after inspection. This home was won in a drawing and the seller never lived in it. It’s a very nice home but has many problems with poor workmanship that wasn’t noticeable on the first walk through. I believe the contractor was in a rush to complete to make the deadline and the quality of workmanship declined.

[Hoffy1337]

Did you have a set inspection period? Say 10 days?

In Ohio on our inspection addendum we have to put down inspection period. If you dont get it done and returned to seller in that time, it doesnt have to be agreed on.

we have 14 days

[Hoffy1337]

Tying up a home from other offers has potential consequences.

I certainly understand that. We have been trying to get from them an agreement to do the repairs. They have only agreed on one small portion of the repairs. There is at least another 10k in repairs that they have not approved. Will be sending final document for repairs and if the cant agree then we don’t have an agreement

[BP in ME]

I certainly understand that. We have been trying to get from them an agreement to do the repairs. They have only agreed on one small portion of the repairs. There is at least another 10k in repairs that they have not approved. Will be sending final document for repairs and if the cant agree then we don’t have an agreement

Well, from what you're telling us it sounds like should be able to get your earnest money back and just walk away. the house sounds like a serious money pit

[Hoffy1337]

Well, from what you're telling us it sounds like should be able to get your earnest money back and just walk away. the house sounds like a serious money pit

Funny you say that. When I drove by the house the other day I could have sworn I seen Tom Hanks

[Duece22]

No repairs have been completed and no agreement has been offered as to what they will or will not pay for. We had the inspection two days ago and will be submitting our final list of repairs that will be needed. If they disagree with them and they probably will then there is no agreement. Please keep in mind that the list is very long and I’m not talking about paint marked up. There are 5 broken window frames, damaged concrete, damaged aluminum roofing, garage door, doors that won’t close and the list goes on and on. The list has grown since our initial offer after inspection. This home was won in a drawing and the seller never lived in it. It’s a very nice home but has many problems with poor workmanship that wasn’t noticeable on the first walk through. I believe the contractor was in a rush to complete to make the deadline and the quality of workmanship declined.

Did you have a list of repairs that were submitted with the original offer?

[kry29]

No repairs have been completed and no agreement has been offered as to what they will or will not pay for. We had the inspection two days ago and will be submitting our final list of repairs that will be needed. If they disagree with them and they probably will then there is no agreement. Please keep in mind that the list is very long and I’m not talking about paint marked up. There are 5 broken window frames, damaged concrete, damaged aluminum roofing, garage door, doors that won’t close and the list goes on and on. The list has grown since our initial offer after inspection. This home was won in a drawing and the seller never lived in it. It’s a very nice home but has many problems with poor workmanship that wasn’t noticeable on the first walk through. I believe the contractor was in a rush to complete to make the deadline and the quality of workmanship declined.

All that from a house that was never lived in? I wpupdnt be walking away, I would be running away. If that's what you can see what's underneath that you cant? I would hope he doesnt do repairs and you can get out for free

[Hoffy1337]

Did you have a list of repairs that were submitted with the original offer?

Yes they were provided with a written list of repairs. The list has grown since the inspection

[Hoffy1337]

All that from a house that was never lived in? I wpupdnt be walking away, I would be running away. If that's what you can see what's underneath that you cant? I would hope he doesnt do repairs and you can get out for free

My thoughts exactly.

[Duece22]

Yes they were provided with a written list of repairs. The list has grown since the inspection

How old is the house?

[lakefolk]

No repairs have been completed and no agreement has been offered as to what they will or will not pay for. We had the inspection two days ago and will be submitting our final list of repairs that will be needed. If they disagree with them and they probably will then there is no agreement. Please keep in mind that the list is very long and I’m not talking about paint marked up. There are 5 broken window frames, damaged concrete, damaged aluminum roofing, garage door, doors that won’t close and the list goes on and on. The list has grown since our initial offer after inspection. This home was won in a drawing and the seller never lived in it. It’s a very nice home but has many problems with poor workmanship that wasn’t noticeable on the first walk through. I believe the contractor was in a rush to complete to make the deadline and the quality of workmanship declined.

am i understanding that there have been 2 inspections???
it was inspected before the offer then another inspection after the offer?

[dmc575]

im guessing your realtor told you you are not getting your money back?

Sounds to me that you handled this wrong on your end as the buyer, as did your agent....about as much as you feel the seller agent did. The only way you can get your money back if you are out of your due dilligence period, for something repair related is if it is a LENDER REQUIRED repair. If its lender required you all gotta figure out whos fixing it or the bank aint paying no one until it happens. Thats when repairs must be figured out...and if they cant be negotiated and covered, then at that point you can get your money back. By the time that comes you have already paid for an appraisal too...so at that point is when most people figure things out....


you seem early on in the contract and like you are nitpicking the guy. you asked for repairs upon agreement...then had an inspection done and now want additional repairs? Difficult buyer...and maybe not the sharpest buyers agent either (but sometimes you can only lead a horse to water, but not force them to drink). Your agent shouldve told Seller agent the things you likely wanted repaired and how you all were worried about those issues and were gonna be very likely to ask for them repaired if found problematic...AFTER the inspection report. Youre double dipping and put yourself in the sellers shoes...your a pain now, prolly not gonna get much better.

If the seller agreed to repairs prior to inspection and during initial contract offering, and you all agreed on the sales price....to me that would say, hey this is the deal we are moving forward with. Had you all (You and your agent....blame is more on the agent imo because they need to guide and inform you better to making decisions) been more tactful and immediately ran an inspection, and then submitted your requests and hammered them out there....you all would be much closer to closing than you are now, and also likely much happier. But they way youve described it....youre a bad buyer...even if you feel you got taken for more money. The Sellers agents literal job is to get them the most money in their pocket. Thats why Realtors tell you....use a Realtor and dont sell it yourself. So I blame your agent as much for falling for the tactic as I would him for trying it.

Sounds like all sides are a little wrong all over. Unless its a lender required repair, or you are still in your due dilligence period. That money is gone, and belongs to the seller....and in reality they can prolly sue you for specific performance if we were getting technical since you are talking about blasting the agent and filing a complaint.

[redlinerobert]

Sounds to me like someone (either your agent or the sellers, probably both) aren't fulfilling their fiduciary responsibility. If you lose your EMD then it's time to lawyer up.
s

[Bill2e]

An inspection period will let you out no matter what. Cancel the contract.

Also, what the Realtor did was illegal regarding the price of the offer. Work with your agent to rectify the situation

[Hoffy1337]

am i understanding that there have been 2 inspections???
it was inspected before the offer then another inspection after the offer?

Just one inspection a few days ago

[Hoffy1337]

im guessing your realtor told you you are not getting your money back?

Sounds to me that you handled this wrong on your end as the buyer, as did your agent....about as much as you feel the seller agent did. The only way you can get your money back if you are out of your due dilligence period, for something repair related is if it is a LENDER REQUIRED repair. If its lender required you all gotta figure out whos fixing it or the bank aint paying no one until it happens. Thats when repairs must be figured out...and if they cant be negotiated and covered, then at that point you can get your money back. By the time that comes you have already paid for an appraisal too...so at that point is when most people figure things out....


you seem early on in the contract and like you are nitpicking the guy. you asked for repairs upon agreement...then had an inspection done and now want additional repairs? Difficult buyer...and maybe not the sharpest buyers agent either (but sometimes you can only lead a horse to water, but not force them to drink). Your agent shouldve told Seller agent the things you likely wanted repaired and how you all were worried about those issues and were gonna be very likely to ask for them repaired if found problematic...AFTER the inspection report. Youre double dipping and put yourself in the sellers shoes...your a pain now, prolly not gonna get much better.

If the seller agreed to repairs prior to inspection and during initial contract offering, and you all agreed on the sales price....to me that would say, hey this is the deal we are moving forward with. Had you all (You and your agent....blame is more on the agent imo because they need to guide and inform you better to making decisions) been more tactful and immediately ran an inspection, and then submitted your requests and hammered them out there....you all would be much closer to closing than you are now, and also likely much happier. But they way youve described it....youre a bad buyer...even if you feel you got taken for more money. The Sellers agents literal job is to get them the most money in their pocket. Thats why Realtors tell you....use a Realtor and dont sell it yourself. So I blame your agent as much for falling for the tactic as I would him for trying it.

Sounds like all sides are a little wrong all over. Unless its a lender required repair, or you are still in your due dilligence period. That money is gone, and belongs to the seller....and in reality they can prolly sue you for specific performance if we were getting technical since you are talking about blasting the agent and filing a complaint.

My realtor never said we won’t be receiving our money back. To be fair we still want the home. All we ask for is the repairs to be completed and they have only agreed to one the issues. The seller was advised of all the repairs before the offer and I certainly don’t consider it nit picking to want broken windows, sidewalks, roof damage, doors that won’t close etc.. They were also advised that the day after the accepted offer my realtor and I would do a walk through to see if there were additional items and there were many. The list was submitted almost two weeks ago and very little has been done. While I understand the sellers please understand ours. My wife and I were going to buy our final home that was recently built and fell in love with this home. So much excitement. After realizing it needs literally dozens of repairs and some into the thousands were very disappointed. The excitement is gone. In regards to the sellers agent. His tactics of contacting my agent and telling her where we need to be to get the house (on several occasions) seems unethical and unfair to us and to the other couple who had made offers. If I find out this is illegal I will file a complaint against the sellers agent.

[Matt20xd]

First off I would NEVER buy a giveaway home or a home that has been on a tv show. Its always a rush job and corners are cut to make the deadline. You think it needs repairs now give it a few years and stuff will really start to show up.

[Mark Perry]

No repairs have been completed and no agreement has been offered as to what they will or will not pay for. We had the inspection two days ago and will be submitting our final list of repairs that will be needed. If they disagree with them and they probably will then there is no agreement. Please keep in mind that the list is very long and I’m not talking about paint marked up. There are 5 broken window frames, damaged concrete, damaged aluminum roofing, garage door, doors that won’t close and the list goes on and on. The list has grown since our initial offer after inspection. This home was won in a drawing and the seller never lived in it. It’s a very nice home but has many problems with poor workmanship that wasn’t noticeable on the first walk through. I believe the contractor was in a rush to complete to make the deadline and the quality of workmanship declined.

If you feel like they took shortcuts based on what you can actually see imagine the short uts they took onthe stuff you can't see.

[Hoffy1337]

First off I would NEVER buy a giveaway home or a home that has been on a tv show. Its always a rush job and corners are cut to make the deadline. You think it needs repairs now give it a few years and stuff will really start to show up.

Thought about out this as well. The contractor who built the home is very well known and respected in our area that builds high quality homes. What I believe happened is in the final phase of the build the subs rushed some of the work to meet the deadline and thus the damages. They can be repaired but the question is will they?