Day 2 - Out for blood!
Push back. Yeah, that’s what I’m calling it. Let’s see, so much going on, how to jump in… Home inspections.
Well, there wasn’t anything major, a few things that needed to be fixed, circa 1970 washing machine that leaks, sump pump that doesn’t work, a baffle that won’t close on the septic system, a skylight that was installed incorrectly, a shower faucet that you can’t turn, a slight mold problem (we all know how I feel about that one), some radon, old termite damage, etc.
After a few back and forths with the seller we decided to ask for the health issues to be addressed. Radon, mold, sump pump (if that fails, well… leads to more mold). We waited, no response… and we waited, still nothing. And we waited, the required 5 days. Turns out they have elected not to respond.
The sellers, we now know, are elderly. In their 80’s to be exact. And have recently entered an assisted living facility. These people have been the only owners of the house which was built in the 1970’s. So, needless to say… They are just a bit attached. Old sweater syndrome kicking in.
What is old sweater syndrome… Well, you give your friend a sweater you no longer like or need, you see it on them and immediately want it back.
The sellers think that they got ripped off on the purchase price. Well then, I ask you… Why did they accept our offer? In their minds, it should have sold for more and now they are refusing to budge. Hmmm. I’d like to see them get more for the house once it sits on the market a few more months with radon and mold issues, which they now must disclose. How much do you think people will offer for a totally peach house with spores partying with radon gas? Anyway, they weren’t budging, not even in writing and our deadline was here. Today we have to decide if we want to go forward with them not concedeing to anything, or find the contract null and void and walk away.
Well, my friends, I thought about it long and hard. Even slept on it. Skipped doing my morning exercises to do some research and here is what I have concluded. First of all, there is no law stipulating that a seller must fix a radon issue. Quite frankly, I think there should be. Also, it looks like if we walk today we should be able to get our deposit back. We have, however, forked over around $1,300 in inspection costs, which we will have to do again on another house. Locked-in on an interest rate that seems to be rising by the minute. Spent countless hours with Roxie marching around town seeing what’s for sale. And quite frankly there isn’t much out there that compares this house. Actually, if the sellers would watch some of the shows on HGTV they would see, some fresh paint (not peachy) and a few minor updates they probably would have gotten another $40,000 for the house. So, my conclusion, We’re going forward… with the tricks I have in my back pocket.
The contract… ahh, The Contract (yes, read this one too, three times.) Here are my favorite “legally binding” highlights:
#21 (on my contract) “Condition of Property and Possession” which states the following:
“All electrical, heating, air conditioning, plumbing (including well and septic), and any other mechanical systems and related equipment, appliances, and smoke detector(s) included in this Contract shall be in working condition.”
Oooo, that covers the broken washing machine, the master bedroom shower handle that doesn’t turn and the sump pump, which happens to be a “plumbing” issue.
Also, #18 “Wood Destroying Insect Inspection”:
“If there is evidence of present infestation as described above, or if damage caused by present or prior infestation is discovered, Seller, at Seller’s expense, shall repair any damage caused by present or prior infestation and have the present infestation treated by a licensed pest control company.”
Ok, we’ll have that “prior infestation” fixed too. Thank you very much.
I know you think I’m being a bit of a sore loser here and kinda mean toward the old people. I’m sorry your old. I’m sorry I’m 40, I’m sorry it’s my turn to get a better break. You see, early on we agreed to play nice and pay for the heating oil that was left in the tank and according to the contract… we didn’t have to. Wouldn’t you think they would be kind in return and fix the health issues of the house, that’s all we ever really wanted. I do have cute children who would be inhaling poisonous gas and I would like them to grow as old as you are.
So, if I have to fork out more money for remediation, well — I’m going to get my just desserts.
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