Anonymous
07/04/2014 12:43
Subject: Re:Home inspection clause -- HELP! :(
Anonymous wrote:Agent here.
You can't really get into the heads of the sellers. Your agent is probably taking a guess that they will void the contract, but no one really knows. Legally, when you change the terms of the contract, you are actually no longer under contract because once you bounce those changes to the seller, they can either accept or not accept. If they don't accept and they happen to have or know of a backup person in the wings, they will probably void the contract. You are taking a chance. As others noted, you knew the contract was "as-is" and an estate sale, and therefore not subject to having to disclose anything in DC. So you signed that the inspection was for your information only and now you're going back to ask for repairs. Anything can happen here OP, and if they do have someone else who wants to buy they will have no issues telling you to hit the high road.
+1
Anonymous
07/04/2014 12:43
Subject: Re:Home inspection clause -- HELP! :(
Anonymous wrote:OP here.
I understand that they are able to void the contract. My original question is, if we were to ask for repair credit, can they void the contract without giving us warning. The part of the Home Inspection Clause that I put in my original post states that they have to give me 3 days notice before the contract is void, but I may be misunderstanding it.
What do you want from these people? Do you want this house "As is" or not. If not, walk. If you want to change the rules and terms of your contract be prepared for them to walk. They don't have to sell their house to you. And they have already been clear that they aren't fixing it for you. If you want to tear out wood paneling and do more extensive tests to make sure that all is well - do it. But do it on your dime.
Anonymous
07/04/2014 12:40
Subject: Re:Home inspection clause -- HELP! :(
Anonymous wrote:Anonymous wrote:When you sign a contract that says "inspection for information purposes only" that is what it means. Either you didn't take the time to understand that when you signed, or you made a gamble that there would not be issues and lost. You can always ask, but frankly, if I were the seller with that contract, I'd let you walk.
I tend to agree.
I have let them walk. They have such a misunderstanding of contracts/ real estate in general, that I said -- too much trouble ... next!
Anonymous
07/04/2014 12:37
Subject: Re:Home inspection clause -- HELP! :(
OP Here
Thank you! You are the first person to understand my issue (I guess I wasn't clear at the beginning). We are trying to figure out IF, by asking for a repair credit via the Home Inspection Clause, the seller is able to immediately void the contract. We don't want them to immediately void the contract, we just want them to tell us they won't give us a repair credit and let us carry on with the sale.
In the original post, I added a quote directly from the Home Inspection clause with a bolded portion that I BELIEVE says that they cannot IMMEDIATELY void the contract if we were to ask for repair credit, but they will give us a 3 day warning before they do. I'm trying to figure out if the bolded part of the contract actually says that, or if I'm misunderstanding it.
OP What you are doing is a counter offer. So yes, they could immediately say, we are not going to do that. You are opening the door to voiding the contract. That is, you are formally not accepting their terms. That is why the agent would talk to the seller, but not make a formal statement. I have seen people back out of contracts because the buyer asked for the front door to be painted. As the other agent said, you can't see into their minds. If the house is in a hot -ish neighborhood -- or even not so hot, they may be perfectly able to let it sit some more. Or they may not actually want to sell, or they may be considering renting. You are not in a powerful position here, no matter what some posters are saying. What they are doing is helping you lose the house. That said, it may be more of a project than you wan to take on. The inspection contract is not really a part of the contract as a whole in the sense that you are in control, sorry.
Anonymous
07/04/2014 12:36
Subject: Re:Home inspection clause -- HELP! :(
OP here.
I understand that they are able to void the contract. My original question is, if we were to ask for repair credit, can they void the contract without giving us warning. The part of the Home Inspection Clause that I put in my original post states that they have to give me 3 days notice before the contract is void, but I may be misunderstanding it.
I understand that they are able to void the contract. My original question is, if we were to ask for repair credit, can they void the contract without giving us warning. The part of the Home Inspection Clause that I put in my original post states that they have to give me 3 days notice before the contract is void, but I may be misunderstanding it.
Anonymous
07/04/2014 12:29
Subject: Re:Home inspection clause -- HELP! :(
Anonymous wrote:OP here again.
FYI, the house is a small 40s brick colonial in DC. It is an estate sale of a woman who died in 2011. I'm not sure what the house has been doing since then (has someone been living there? was it abandoned? who knows!)
The termite issue has been untreated, and the seller has now said that they'll pay for the cost of treatment (~$1300). BUT, the termite issue is in the basement, which is full of wood-panelled walls, and we won't know the full extent of the damage unless we rip out the panelling (another added cost not included in the $1300). Both the home inspector and termite inspectors say they don't believe it is extensive and it should be contained in the basement.
The water damage is coming from the storm drain pipe that is dispelling water under the porch, this has cause erosion and likely the porch stoop will need to be rebuilt. Galvanized pipes need to be replaced, along with the boiler and water heater.
We are more than happy to do renovations, but we think that the seller should at least credit us for the fixes that are deemed critical by the home inspector.
My agent can be unhelpful and rude at times. He is out of the country on vacation right now, and I don't think he has an assistant to help us. I wish we had used someone else.
Op you just describe our house in 2006. We said, fine if they walk... Its not your agent; it is the seller.
Anonymous
07/04/2014 12:27
Subject: Home inspection clause -- HELP! :(
Anonymous wrote:Anonymous wrote:
Maybe the owner would be agreeable to splitting the cost of the boiler/water heater. What is the harm in asking. It seems that the worst thing that could happen is that the buyer says no. Is it just better to walk away?
OP Here.
I want to ask for a credit, but my agent has said if I ask, they will void the contract. I'm trying to figure out if they can really void the contract WITHOUT giving us some sort of warning, like "How dare you ask for a credit for those repairs, we will void a contract in 3 days unless you agree to buy the house with all that's broken!".
We love the house, we just think there is quite a few things that's in need of repair and that the seller should credit us for it. Of course, we don't want to ask for a credit if they are able to immediately cancel the contract and go with another buyer.
OP seller here (not of your house) YES! They will void the contract. BTDT. The agent is listening to the seller who is in a Sellers market. The seller is saying "...so void the contract and go on to the next person. We don't care..." The agent is probably trying to make them care, but they don't. You are in real danger of losing the house. LISTEN to your agent, or be prepared to find another house. It is likely that the Seller is not bluffing. What they are doing is not caring.
Anonymous
07/04/2014 12:20
Subject: Re:Home inspection clause -- HELP! :(
Anonymous wrote:When you sign a contract that says "inspection for information purposes only" that is what it means. Either you didn't take the time to understand that when you signed, or you made a gamble that there would not be issues and lost. You can always ask, but frankly, if I were the seller with that contract, I'd let you walk.
I tend to agree.
Anonymous
07/04/2014 12:18
Subject: Re:Home inspection clause -- HELP! :(
Agent here.
You can't really get into the heads of the sellers. Your agent is probably taking a guess that they will void the contract, but no one really knows. Legally, when you change the terms of the contract, you are actually no longer under contract because once you bounce those changes to the seller, they can either accept or not accept. If they don't accept and they happen to have or know of a backup person in the wings, they will probably void the contract. You are taking a chance. As others noted, you knew the contract was "as-is" and an estate sale, and therefore not subject to having to disclose anything in DC. So you signed that the inspection was for your information only and now you're going back to ask for repairs. Anything can happen here OP, and if they do have someone else who wants to buy they will have no issues telling you to hit the high road.
You can't really get into the heads of the sellers. Your agent is probably taking a guess that they will void the contract, but no one really knows. Legally, when you change the terms of the contract, you are actually no longer under contract because once you bounce those changes to the seller, they can either accept or not accept. If they don't accept and they happen to have or know of a backup person in the wings, they will probably void the contract. You are taking a chance. As others noted, you knew the contract was "as-is" and an estate sale, and therefore not subject to having to disclose anything in DC. So you signed that the inspection was for your information only and now you're going back to ask for repairs. Anything can happen here OP, and if they do have someone else who wants to buy they will have no issues telling you to hit the high road.
Anonymous
07/04/2014 11:56
Subject: Home inspection clause -- HELP! :(
Anonymous wrote:Anonymous wrote:
OP Here.
I want to ask for a credit, but my agent has said if I ask, they will void the contract. I'm trying to figure out if they can really void the contract WITHOUT giving us some sort of warning, like "How dare you ask for a credit for those repairs, we will void a contract in 3 days unless you agree to buy the house with all that's broken!".
We love the house, we just think there is quite a few things that's in need of repair and that the seller should credit us for it. Of course, we don't want to ask for a credit if they are able to immediately cancel the contract and go with another buyer.
If they said "NO WAY!" wouldn't you have the option of saying "O.k., well we love the house and we want it anyway"?
Maybe since the house is "AS is" their hands are tied by the terms of their contract and they can't say yes to your idea about splitting the costs, so you either buy or walk.
Maybe your agent should explain this better....it is confusing for those of us not in the trade.
OP Here
Thank you! You are the first person to understand my issue (I guess I wasn't clear at the beginning). We are trying to figure out IF, by asking for a repair credit via the Home Inspection Clause, the seller is able to immediately void the contract. We don't want them to immediately void the contract, we just want them to tell us they won't give us a repair credit and let us carry on with the sale.
In the original post, I added a quote directly from the Home Inspection clause with a bolded portion that I BELIEVE says that they cannot IMMEDIATELY void the contract if we were to ask for repair credit, but they will give us a 3 day warning before they do. I'm trying to figure out if the bolded part of the contract actually says that, or if I'm misunderstanding it.
Anonymous
07/04/2014 11:46
Subject: Re:Home inspection clause -- HELP! :(
OP, this is how our realtor described the effect of the as-is clause:
A lot of people in this market are using general inspection contingencies, which are inspections for informational purposes only. You can walk away if you don't like what you find, but you don't have any right to ask for credit repairs. However, even if you use the general inspection, the buyer is required to fix "property condition items" that are not in normal working order -- these include heating, cooling, electrical, plumbing, and appliances. They also have to deal with the termite issue if the termite inspection uncovers a problem.
If you do an as-is clause, as you did, you are waiving the right to have the seller fix property condition items as well as termite items. You can still walk away, but the sellers have zero obligation to make any repairs.
How long was the house on the market? Did you win it in a multiple-offer situation? If the answers to these questions are "not long" and "yes," then I would not ask the seller for any repairs unless you are prepared for them to walk away from the contract, because they may feel that there is ample market out there for them to get another buyer and not have to deal with you.
A lot of people in this market are using general inspection contingencies, which are inspections for informational purposes only. You can walk away if you don't like what you find, but you don't have any right to ask for credit repairs. However, even if you use the general inspection, the buyer is required to fix "property condition items" that are not in normal working order -- these include heating, cooling, electrical, plumbing, and appliances. They also have to deal with the termite issue if the termite inspection uncovers a problem.
If you do an as-is clause, as you did, you are waiving the right to have the seller fix property condition items as well as termite items. You can still walk away, but the sellers have zero obligation to make any repairs.
How long was the house on the market? Did you win it in a multiple-offer situation? If the answers to these questions are "not long" and "yes," then I would not ask the seller for any repairs unless you are prepared for them to walk away from the contract, because they may feel that there is ample market out there for them to get another buyer and not have to deal with you.
Anonymous
07/04/2014 11:42
Subject: Home inspection clause -- HELP! :(
Anonymous wrote:Anonymous wrote:
Maybe the owner would be agreeable to splitting the cost of the boiler/water heater. What is the harm in asking. It seems that the worst thing that could happen is that the buyer says no. Is it just better to walk away?
OP Here.
I want to ask for a credit, but my agent has said if I ask, they will void the contract. I'm trying to figure out if they can really void the contract WITHOUT giving us some sort of warning, like "How dare you ask for a credit for those repairs, we will void a contract in 3 days unless you agree to buy the house with all that's broken!".
We love the house, we just think there is quite a few things that's in need of repair and that the seller should credit us for it. Of course, we don't want to ask for a credit if they are able to immediately cancel the contract and go with another buyer.
If they said "NO WAY!" wouldn't you have the option of saying "O.k., well we love the house and we want it anyway"?
Maybe since the house is "AS is" their hands are tied by the terms of their contract and they can't say yes to your idea about splitting the costs, so you either buy or walk.
Maybe your agent should explain this better....it is confusing for those of us not in the trade.
Anonymous
07/04/2014 11:32
Subject: Re:Home inspection clause -- HELP! :(
OP here again.
FYI, the house is a small 40s brick colonial in DC. It is an estate sale of a woman who died in 2011. I'm not sure what the house has been doing since then (has someone been living there? was it abandoned? who knows!)
The termite issue has been untreated, and the seller has now said that they'll pay for the cost of treatment (~$1300). BUT, the termite issue is in the basement, which is full of wood-panelled walls, and we won't know the full extent of the damage unless we rip out the panelling (another added cost not included in the $1300). Both the home inspector and termite inspectors say they don't believe it is extensive and it should be contained in the basement.
The water damage is coming from the storm drain pipe that is dispelling water under the porch, this has cause erosion and likely the porch stoop will need to be rebuilt. Galvanized pipes need to be replaced, along with the boiler and water heater.
We are more than happy to do renovations, but we think that the seller should at least credit us for the fixes that are deemed critical by the home inspector.
My agent can be unhelpful and rude at times. He is out of the country on vacation right now, and I don't think he has an assistant to help us. I wish we had used someone else.
FYI, the house is a small 40s brick colonial in DC. It is an estate sale of a woman who died in 2011. I'm not sure what the house has been doing since then (has someone been living there? was it abandoned? who knows!)
The termite issue has been untreated, and the seller has now said that they'll pay for the cost of treatment (~$1300). BUT, the termite issue is in the basement, which is full of wood-panelled walls, and we won't know the full extent of the damage unless we rip out the panelling (another added cost not included in the $1300). Both the home inspector and termite inspectors say they don't believe it is extensive and it should be contained in the basement.
The water damage is coming from the storm drain pipe that is dispelling water under the porch, this has cause erosion and likely the porch stoop will need to be rebuilt. Galvanized pipes need to be replaced, along with the boiler and water heater.
We are more than happy to do renovations, but we think that the seller should at least credit us for the fixes that are deemed critical by the home inspector.
My agent can be unhelpful and rude at times. He is out of the country on vacation right now, and I don't think he has an assistant to help us. I wish we had used someone else.
Anonymous
07/04/2014 11:29
Subject: Home inspection clause -- HELP! :(
Anonymous wrote:Is this the boiler plate "As-Is" agreement? Or was this something specific that was written in the contract that you can get the home inspection but then can not walk away if there are too many problems?
Because every house I have purchased includes the boiler plate "as-is" agreement but that did not prevent me from asking for money to fix what came out of a home inspection.
According to the OP's original post, they won the house by adding or agreeing to an "inspection for informational purposes only." Hence her limited options now.
Anonymous
07/04/2014 11:28
Subject: Re:Home inspection clause -- HELP! :(
When you sign a contract that says "inspection for information purposes only" that is what it means. Either you didn't take the time to understand that when you signed, or you made a gamble that there would not be issues and lost. You can always ask, but frankly, if I were the seller with that contract, I'd let you walk.