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FCKGW
May 21, 2006

My agent had to go through hell fighting with BofA to buy my house so I think he earned his commission. No way I could have done that on my own.

His team earned a nice chunk of money though. Not only was he my buyer's agent, he sold our old house AND was the agent for the person who bought our old house. He got paid 3 times.

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Pweller
Jan 25, 2006

Whatever whateva.

FCKGW posted:

My agent had to go through hell fighting with BofA to buy my house so I think he earned his commission. No way I could have done that on my own.

His team earned a nice chunk of money though. Not only was he my buyer's agent, he sold our old house AND was the agent for the person who bought our old house. He got paid 3 times.

You seriously think he worked so hard that he deserved the amount of commission on those deals?
Come on... marketing and fees realtors pay aside, it's ridiculous.

Haydez
Apr 8, 2003

EVIL LINK

Leperflesh posted:

All I can say is: I urge you not to overspend. It is easy under these conditions to get caught up in the bidding-war mentality and end up spending more than you should.

Be patient, give it a few months. But if you're really priced out of the market you're looking in... admit it to yourselves and change your plans. That means either compromising on how much house you can buy, or compromising on where you are shopping. Either option is far better than impoverishing yourself with a debt you can't comfortably handle.

We're not overspending and we're being patient. We've been looking for 6 months. Was just bummed about the one I was talking about. Sucks that our awesome employee rate we were getting is expiring and climbing up a bit. (Still closer to the number 2 rather than 3 though at least. woo hoo!) We're more or less being a bit more frugal since we can afford in the 700k range. Thanks for the advice though.

Realjones
May 16, 2004

I Love You! posted:

I was adding that part in, but you beat me to it. Since the buyer isn't paying the fees for a buyer's agent typically, it's usually to their benefit to have SOMEONE with expertise fighting on their side in the negotiation process.

They are paying the fees indirectly though, as that 6% comes out of the seller's bottom line and the money to pay the seller comes from the buyer. During the "housing never goes down" years no one cared because the fees just meant slightly less profit. The buyer and seller each paying their 3% makes sense logically, but the way it is setup now it lets first time buyers get into homes with less cash (which is a good thing).

It's like "seller concessions" or "seller pays closing costs." Just more weasel words to make buyers think they are getting something for free when really they are still paying for them.

A FSBO should theoretically be cheaper since there is no seller's agent fees to pay for and I assume most still pay for the buyer's agent if they expect people to come look at it.

I Love You!
Dec 6, 2002

Realjones posted:

They are paying the fees indirectly though, as that 6% comes out of the seller's bottom line and the money to pay the seller comes from the buyer. During the "housing never goes down" years no one cared because the fees just meant slightly less profit. The buyer and seller each paying their 3% makes sense logically, but the way it is setup now it lets first time buyers get into homes with less cash (which is a good thing).

It's like "seller concessions" or "seller pays closing costs." Just more weasel words to make buyers think they are getting something for free when really they are still paying for them.

A FSBO should theoretically be cheaper since there is no seller's agent fees to pay for and I assume most still pay for the buyer's agent if they expect people to come look at it.

Actually in the case of FSBOs, if the buyer is using an agent it can get tricky since the FSBO isn't obligated to pay commission. They sometimes will, or might pay a flat fee, but buyer's agent contracts contain provisions about collecting a fee from the buyer if the seller is not obligated to pay. This doesn't often come up but is a thing that could result in a buyer being on the hook for a payment.

ANGRY TEEN
Aug 27, 2006

by Y Kant Ozma Post
Just closed on a house last week Monday. $81,250 with 20 percent down on a 30-year fixed. $1,000 per year for homeowner's and $1,878/year taxes. Not bad for a 1,600 square foot tri-level with an attached single car garage.

I just had some under-the-table guys by to paint the living room, dining room, kitchen, hallway, foyer and master bedroom for $750, with me spending $400 on paint and $400 on three ceiling fixtures they installed. And bought some nice living room and dining room furniture for $4,000 (zero percent financing for four years!).

It's been so much work though, you guys weren't joking, but it's great to have my own home. Once the upper level is all finished being painted (two bedrooms and a bathroom to go) and furnished I'm going to direct my attention to the lower level.

A house is a lot like a canvass that you paint on with money.

Bill Brasky
Apr 13, 2008

Congrats!

Is 80k your purchase price of your 20% down?

uwaeve
Oct 21, 2010



focus this time so i don't have to keep telling you idiots what happened
Lipstick Apathy
The closing on our dream house in MA is scheduled for 11 AM Tuesday. Something about a Frankenfurter storm...

I'm hoping that we have a walkthrough and not a walkover.

Plus all our poo poo is in storage literally right on a river, so that is probably going to end well.

imandyyo
Mar 19, 2012
I'd love some opinions on my situation. The seller's agent we hire volunteered as we were doing our contract with her that if the house sold within 30 days she'd knock .5% off her commission. Naturally, this wasn't written in to the contract. Well the house sold in almost a week. Good news for us!

When we asked about how the commission would be settled she said that she thought she said we'd get the discount if she brought the buyers. We said no and she said well it's not a deal breaker. Now she's sent an email saying that she doesn't remember anything about the discount, but she prides herself on being honest, etc. She also points out that she gave us "free" advice on some of our purchase questions (we didn't use a buyer's agent).

While I was inclined to give her something for the advice she gave on our purchase, it certainly wasn't going to be .5% of our sale. How should we handle this?

Gingerbread House Music
Dec 1, 2009

by FactsAreUseless
Lipstick Apathy

imandyyo posted:

I'd love some opinions on my situation. The seller's agent we hire volunteered as we were doing our contract with her that if the house sold within 30 days she'd knock .5% off her commission. Naturally, this wasn't written in to the contract. Well the house sold in almost a week. Good news for us!

When we asked about how the commission would be settled she said that she thought she said we'd get the discount if she brought the buyers. We said no and she said well it's not a deal breaker. Now she's sent an email saying that she doesn't remember anything about the discount, but she prides herself on being honest, etc. She also points out that she gave us "free" advice on some of our purchase questions (we didn't use a buyer's agent).

While I was inclined to give her something for the advice she gave on our purchase, it certainly wasn't going to be .5% of our sale. How should we handle this?

Send that bitch a fruit basket.

Advent Horizon
Jan 17, 2003

I’m back, and for that I am sorry


We made our Realtor decision Friday night and went open housing Saturday. The agent we picked was hosting an open house, so we figured it would be a good last check on how she does.

I asked her if the house was a modular, and she told me straight faced that it was not, it was stick built. Well, even with $300k (supposedly, the owner did the work and it is lousy) in addittions you could still see the seam from when they put that double wide together.

We decided to go with another agent.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride
Moved into house Thursday. First major expense already incoming... tub backed up with dirty water after doing a ton of laundry today, google tells me to check the sewer clean out, sewer clean out is of course backed up, so I have to pay extra to get someone out here on a Sunday.

Truly, it is like a canvas you paint with money.

edit: welp turns out the city probably crushed it in all the storm drain and street construction they are doing because the augur just pulled up a bunch of mud and possibly bits of PVC :cry:

on the plus side, they're sending out someone tonight to look at it at least.

Also, if the problem HAD been on my side it could have cost from the low thousands to over 10 grand to fix, emphasizing the importance of home warranty. I seriously would have been freaking the gently caress out for the 5 or so minutes we thought the problem was on our end if I hadn't had the home warranty.

edit2: city said it's not on their side, appt scheduled with home warranty vendor :sigh:

Dogen fucked around with this message at 01:47 on Oct 29, 2012

Realjones
May 16, 2004

imandyyo posted:

While I was inclined to give her something for the advice she gave on our purchase, it certainly wasn't going to be .5% of our sale. How should we handle this?

The fact that you brought it up and she did not immediately remember and agree to give you the 0.5% says that she has no intention of giving you the rebate and is justifying this further by mentioning the "free" advice she gave you with regards to your purchase as offsetting anything she may have said earlier.

The nicest way to go about it is to contact her again and make it abundantly clear that you expect the 0.5% rebate she promised. I wouldn't make any threats yet, just ask. If she values a future referral from you she may just agree and be done with it. If she does anything beyond immediately cutting you a check you are probably screwed since it was verbal. You'll have to dig into the laws in your state to see if the verbal contract is something you can enforce and collect on in small claims court.

Realjones fucked around with this message at 21:48 on Oct 28, 2012

I Love You!
Dec 6, 2002

imandyyo posted:

I'd love some opinions on my situation. The seller's agent we hire volunteered as we were doing our contract with her that if the house sold within 30 days she'd knock .5% off her commission. Naturally, this wasn't written in to the contract. Well the house sold in almost a week. Good news for us!

When we asked about how the commission would be settled she said that she thought she said we'd get the discount if she brought the buyers. We said no and she said well it's not a deal breaker. Now she's sent an email saying that she doesn't remember anything about the discount, but she prides herself on being honest, etc. She also points out that she gave us "free" advice on some of our purchase questions (we didn't use a buyer's agent).

While I was inclined to give her something for the advice she gave on our purchase, it certainly wasn't going to be .5% of our sale. How should we handle this?

Haha this lady is horrible

I can't really give any legal advice and while there is the unfortunate truth that you only had a verbal agreement (ouch) there is at least the fact that you can screw her over by spreading bad reviews so you'll end up costing her more than she's trying to shill you for.


Advent Horizon posted:

We made our Realtor decision Friday night and went open housing Saturday. The agent we picked was hosting an open house, so we figured it would be a good last check on how she does.

I asked her if the house was a modular, and she told me straight faced that it was not, it was stick built. Well, even with $300k (supposedly, the owner did the work and it is lousy) in addittions you could still see the seam from when they put that double wide together.

We decided to go with another agent.

Haha this lady is horrible



so many bad Realtors. There really needs to be so much more accountability and peer/client review systems in place for the entire profession.

I Love You! fucked around with this message at 23:19 on Oct 28, 2012

tiananman
Feb 6, 2005
Non-Headkins Splatoma

I Love You! posted:

Haha this lady is horrible

I can't really give any legal advice and while there is the unfortunate truth that you only had a verbal agreement (ouch) there is at least the fact that you can screw her over by spreading bad reviews so you'll end up costing her more than she's trying to shill you for.


I'm not a realtor, but it seems to me that if a realtor gave you advice for a transaction they weren't involved in, it would necessarily be unofficial, off the record type stuff. Either she's your buying agent, and she gets paid, or she's not and she's giving you free advice. She can't have it both ways - and this kind of shenanigan seems exactly like the kind of thing the realty licensing board wouldn't be too pleased with. Not very professional to say the least.

I had a somewhat difficult buying process, and I can't imagine going through it with an incompetent or unprofessional realtor. Our agent earned her commission as far as I'm concerned. If you're not sure about a realtor, definitely ask around. Talk to people who have bought houses in your area, do a little bit of legwork to get a good one. It's too big of a financial decision to trust to someone who's not on top of their game.

I'm convinced that the seller's agent cost her upwards of $10k during the final negotiations.

necrobobsledder
Mar 21, 2005
Lay down your soul to the gods rock 'n roll
Nap Ghost

I Love You! posted:

so many bad Realtors. There really needs to be so much more accountability and peer/client review systems in place for the entire profession.
I'm convinced real estate sales is the only nationally-approved MLM / pyramid scheme / cartel around that takes money from everyone across the board both rich and poor. This sort of distribution of agents is very similar to what you get with magazine sales, Cutco, and even Avon reps.

I Love You!
Dec 6, 2002

tiananman posted:

I'm not a realtor, but it seems to me that if a realtor gave you advice for a transaction they weren't involved in, it would necessarily be unofficial, off the record type stuff. Either she's your buying agent, and she gets paid, or she's not and she's giving you free advice. She can't have it both ways - and this kind of shenanigan seems exactly like the kind of thing the realty licensing board wouldn't be too pleased with. Not very professional to say the least.

Technically if she gave you advice, the person receiving the advice can stake a legal (and substantiated) claim that she was acting as his agent. This is called implied agency and is something that can really bite a realtor in the rear end if they aren't careful.

This is something you might want to look into since if you acted on her advice you can claim an agency relationship existed, though considering you are trying to AVOID paying her you'd obviously want to speak with a lawyer considering your options because saying "she was my agent also i dont want to pay her" isn't the strongest argument I can think of.

Implied agency laws vary state-by-state, so you'll have to do a search (something like real estate implied agency) to find out what your specific options might be, if any.

Not-horrid realtors exist, I promise. They are just hard to find.

Dead Pressed
Nov 11, 2009
Look into a Dave Ramsey elp. I had a great experience on my first shot with one of them.

imandyyo
Mar 19, 2012
Thanks for all the input. I was planning to not give in to her. I think I just wanted to hear that I wasn't a total miser for thinking that way. Guess I'll ask our lawyer today for his input too (assuming he's taking calls in the midst of this hurricane).

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

imandyyo posted:

Thanks for all the input. I was planning to not give in to her. I think I just wanted to hear that I wasn't a total miser for thinking that way. Guess I'll ask our lawyer today for his input too (assuming he's taking calls in the midst of this hurricane).

From a very basic contracts perspective (not your lawyer, probably not a lawyer in your state given that you are worried about the hurricane) your main problem would be if the contract has a merger clause, which states that the contract takes into account any negotiating that took place before the contract- so that if you talked about the commission BEFORE signing the contract, it would not be admissible evidence. The remedy would have been to read the contract and refuse to sign if it didn't reflect your agreement with her.

Maybe your contract with her doesn't have a merger clause, or maybe there is some kind of agency law problem here that I don't know about since this isn't my area of expertise, but legally I would say it's not a great position; however, I would think reputation is pretty important to agents and you could push her into giving you what she promised relatively easily.

Citycop
Apr 11, 2005

Greetings, Rainbow Dash.

I will now sing for you a song that I hope will ease your performance anxiety.
I also vaugey remember a realtor in the past that pulled the vanishing discount trick on us. At first she didn't remember, then we got a guilt trip. Then we were told it's "worked in" on the buyers side but poo poo got real sketchy when you asked for specifics. Eventually when we would not relent it materialized but I got a straight up nasty frown from her about it. She said her boss was furious about it because she was not allowed to do that, and it was going to come straight out of her pocket. People are nuts. I just wonder how many people would have just dropped it due to her trying to make us uncomfortable about it. She probably makes alot of money that way and is the absolute lowest form of life on the planet for being so evil.

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
I have to say, the incentives for Realtors, especially on the buyer's side, are all screwed up. Financially, a buyer's agent's incentives are to:

1. Have you buy a house (so he earns commission)
2. Have you buy quickly (so he earns that commission with the minimum of hours worked)
3. Have you buy an expensive house (so he earns a larger commission)

That runs in direct opposition to what a home buyer should do. A home buyer should take his time and be willing to walk away at the last minute if need be, and only buy houses in his price range, which is often less than what a bank will give him. If I decide to buy, I seriously doubt I will use an agent, unless I can find one who is willing to work for a pure hourly fee with zero commission.

I Love You!
Dec 6, 2002

Konstantin posted:

I have to say, the incentives for Realtors, especially on the buyer's side, are all screwed up. Financially, a buyer's agent's incentives are to:

1. Have you buy a house (so he earns commission)
2. Have you buy quickly (so he earns that commission with the minimum of hours worked)
3. Have you buy an expensive house (so he earns a larger commission)

That runs in direct opposition to what a home buyer should do. A home buyer should take his time and be willing to walk away at the last minute if need be, and only buy houses in his price range, which is often less than what a bank will give him. If I decide to buy, I seriously doubt I will use an agent, unless I can find one who is willing to work for a pure hourly fee with zero commission.

There are really two ways to define incentives.


1. If I'm a jerk or lazy and just want a quick buck, what you said pretty much. Though honestly a lot of buyer's agents aren't even terribly concerned with spending all that much time on these steps because so many "buyers" aren't really buying and so they just remain passive instead of being all GO GO GO BUY BUY BUY. If someone is just trying to turn profits fast they are better off chasing listing appointments and usually do.

2. If I'm a person who understands business, I can make way more money from the referrals I get from a happy customer than I make by desperately trying to cap my profits on each sale, so it's to my advantage to do whatever I can to make a buyer really happy, regardless of my immediate profit. Referral leads are by far the most valuable thing in the industry and are not really worth jeopardizing if I'm actually trying to make a career.

I Love You! fucked around with this message at 17:29 on Oct 29, 2012

Elephanthead
Sep 11, 2008


Toilet Rascal

imandyyo posted:

Thanks for all the input. I was planning to not give in to her. I think I just wanted to hear that I wasn't a total miser for thinking that way. Guess I'll ask our lawyer today for his input too (assuming he's taking calls in the midst of this hurricane).

The signed contract takes precedent over any verbal terms as far as I can tell. That is the point of getting it in writing.

Leperflesh
May 17, 2007

All I can say is, I had a fantastic buyer's agent who was extremely patient with us. He was always friendly and helpful even though we took like 6+ months to finally even make our first offer. He drove us to look at properties almost every weekend for four months, including to towns he wasn't very familiar with because we were looking over a very large area of the east bay. He joked around with us and gave us a mix CD for christmas.

We actually enjoyed spending time with him. We met his daughter, who was adorable. I gave him advice about the failing transmission in his Passat. We had fun critiquing all the horrible things wrong with dozens of foreclosed houses. He warned us at least twice, about houses that we were seriously considering making an offer on, where he'd spotted a potential problem we'd missed. He told us about another client of his who had made an offer on a short sale and it had taken them a year to get the bank to finally approve or reject the offer (this was in autumn 2009, so that was in the worst days of recalcitrant loan-averse banks). He was sticking with that client and calling the bank weekly even knowing that if they rejected the short sale offer, it would be a year of his efforts for no return to him at all.

The first house we made an offer on, we were offering $45k less than the top of our range and he carefully declined giving advice about whether that was too much or not enough. He was always really clear with us that it was against the rules for him to tell us a specific number to offer, advise us to offer more, or say anything about exact dollar amounts. The most we could get him to say was "I think that's a good offer" on the number we'd given.

The guy worked a ton for us, even though we were shopping for $200k-$250k houses when the majority of his clients shopped for $500k+ houses, and he never complained about a thing. I guess we just got lucky?

If anyone is shopping for houses in the San Francisco east bay area, let me know and I'll gladly refer you.

Leperflesh fucked around with this message at 18:10 on Oct 29, 2012

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride
So it turns out our sewer was backing up because at the end of the line, the old pipe was still attached and just dumping into the ground. There was new PVC installed to the city tap, but it was dry and who knows where the gently caress the other end of it was? The city kindly hooked up the old line to their tap, but now I have to get the seller to replace the orangeburg that he had already tried to replace in the first place

NEVER DO BUY

Elephanthead posted:

The signed contract takes precedent over any verbal terms as far as I can tell. That is the point of getting it in writing.

Yeah, that's what I was getting at. In a well drafted contract this is usually stated explicitly and has very limited exceptions; even if it is crappily drafted and doesn't have a merger clause, the parol evidence rule still applies (which has more exceptions).

Also our agent is awesome, really took care of us and helped get the price down, and in fact in dealing with our whole plumbing issue has helped put me in touch with a plumber, the home warranty people, and the seller.... which like, now that we own the house, I don't think he has any obligation to do anything else, so that is cool of him.

I Love You!
Dec 6, 2002

Dogen posted:

Also our agent is awesome, really took care of us and helped get the price down, and in fact in dealing with our whole plumbing issue has helped put me in touch with a plumber, the home warranty people, and the seller.... which like, now that we own the house, I don't think he has any obligation to do anything else, so that is cool of him.

Yeah, since you're past the due diligence stage this is all ongoing lifestyle assistance and is one sign of a good agent. He won't be getting any kickbacks or anything - though it's possible he'll one day get a referral from the plumber etc. - he's doing this almost strictly to make sure you're a happy camper so you'll be likely to work with him again/refer people to him. It even adds a small amount of potential liability for him for no immediate gain.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

I Love You! posted:

Yeah, since you're past the due diligence stage this is all ongoing lifestyle assistance and is one sign of a good agent. He won't be getting any kickbacks or anything - though it's possible he'll one day get a referral from the plumber etc. - he's doing this almost strictly to make sure you're a happy camper so you'll be likely to work with him again/refer people to him. It even adds a small amount of potential liability for him for no immediate gain.

His boyfriend works with my wife (which is how we hooked up with him in the first place) so that probably plays into it as well, but he seems like a good sort generally.

ANGRY TEEN
Aug 27, 2006

by Y Kant Ozma Post

Bill Brasky posted:

Congrats!

Is 80k your purchase price of your 20% down?

It is the overall price. My mortgage is roughly $64,000 after down-payment.

Oh, and we found a crack in the basement wall that needs to be patched for $650. My inspector was an rear end in a top hat who didn't move furniture, so on closing day we found the carpet in the lower level family room wet and indents from the show furniture's metal feet full of rust, since the day prior to closing after my final walk through they moved the furniture. There is also discoloration along the floor of the corner wall under the stairs in an unfinished closet sized nook so you can literally walk behind my main stairs to the lower level.

I had one contractor who quoted me $3,800 to water proof the east wall and replace my drainage tiles. Then another company hacked at my drywall with a hand-axe and expose the interior side of the crack, which is visible from the outside. Second guy says it's an $800 fix and I'm lucky - he will "come under" it and seal it, saying sealing from outside and in is a five year fix. He isn't sure about the drainage tiles.

A contractor friend had a buddy come over and give me a third opinion. He feels that sealing from the outside for $650 is the best option. Says the work is warrantied for 15 years. The second company said their warranty is for life. Third guy says my drainage tiles are, in his opinion, fine.

Another issue is the faint block mold on the insulation in the basement. Only a third is dry walled. The rest is exposed insulation on the top half of the wall and poured concrete in the lower half. I planned on replacing the insulation pads anyhow, so it's not a huge deal as I bought the house knowing that 2/3's of the basement would be a project.

I am wondering if I should take the inspector to small claims court to get the $350 I paid him back or just do a charge back on the credit card I paid him with. He so obviously dropped the ball on his inspection, missing multiple obvious issues. He said the crack wasn't a serious issue and any water in the basement would be a grading/gutter issue.

The sellers also had to know about this. When it was wet down there you could smell it, they painted the concrete before sale, so they had to notice the discoloration under the stairs, and there is discoloration along the trim in the lower level family room, obviously from water coming in through the crack and soaking the carpet.

I am already in touch with an attorney on this matter.

Splizwarf
Jun 15, 2007
It's like there's a soup can in front of me!
Do never buy. :shobon:

Advent Horizon
Jan 17, 2003

I’m back, and for that I am sorry


Isn't fresh paint over concrete one of those 'step back and re-evaluate' things?

Actually, so far in our viewing, any paint less than 10 years old is becoming suspect.

We get to start doing our first real, with-a-Realtor, viewings on Thursday. Naturally, it is now a blizzard outside to hide anything in the yards. Awesome.

Leperflesh
May 17, 2007

I would be pretty amazed if there wasn't something in the inspector's contract to the effect of "I don't guarantee I will find everything wrong with the house, and you can't sue me if I miss something."

morningdrew
Jul 18, 2003

It's toe-tapping-ly tragic!

ANGRY TEEN posted:

The sellers also had to know about this.

Well, they knew enough to put furniture in front of the problem area!

tiananman
Feb 6, 2005
Non-Headkins Splatoma

mono posted:

Well, they knew enough to put furniture in front of the problem area!

yeah, is this a potential SPIR issue?

poemdexter
Feb 18, 2005

Hooray Indie Games!

College Slice

mono posted:

Well, they knew enough to put furniture in front of the problem area!

The inspector that spoke at our first time homebuyer's class said that they weren't allowed to move any personal property. However, she's good enough to spot when people are trying to hide something and will note it down in the report. This was in Texas and I don't know if the same rules apply to other states' home inspectors.

cornface
Dec 28, 2006

by Lowtax

poemdexter posted:

The inspector that spoke at our first time homebuyer's class said that they weren't allowed to move any personal property. However, she's good enough to spot when people are trying to hide something and will note it down in the report. This was in Texas and I don't know if the same rules apply to other states' home inspectors.

Our inspector said the same thing. When he was looking in the garage he looked at the fridge they had put in front of the breaker box and said "I am not allowed to move that fridge to examine the breaker box."

So we just pushed the fridge out of the way, and the sellers ended up having to replace the out of code breaker box that the inspector noticed.

tiananman
Feb 6, 2005
Non-Headkins Splatoma
So we're happily and completely moved into the house we closed on October 5th.

In our final contract, our seller agreed to move all of her belongings out of the house - but since she lives in Hawaii, and the house is in Vermont, we waived a "deadline" for her to get the stuff out.

A couple days after closing, one of her friends came and took a bunch of stuff out of the house, but left a substantial amount of what can only be called garbage in the basement. There's a broken cabinet, some terrible furniture, piles of papers, broken appliances, a mattress and box spring and a bunch of random crap.

It's not a huge amount of stuff, and normally I would just put it out on trash day - but we don't have trash removal. I'd have to borrow a trailer, lug this stuff to the dump and pay at least $100 to get rid of it. It would take me over a couple hours to do this, easily.

It's taking up about 100 sq ft of our basement.

A couple weeks ago, I wrote an email to seller telling her that we were moving in and changing the locks, so we'd need to know when her friend would come by to get the rest of the stuff.

She responded saying that her friend was out of town and that the items still in the house were "to be discarded."

By whom? She didn't say.

I didn't write back to her, and our realtor has been trying to get a hold of her or the her realtor, with no luck.

This lady seems to think she can just leave a bunch of her garbage in the house, and I honestly don't know what to do about it.

We're super busy making repairs, unpacking and generally un-loving this house from her previous tenants, and we have an 18 month old son. I literally don't have a few hours to get rid of this lady's stuff. I also would prefer not to spend $100 or more to do it. What should I do here?

ANGRY TEEN
Aug 27, 2006

by Y Kant Ozma Post
Little update: I had a fourth guy out to look at the crack. He was recommended by my realtor. He said all the other contractors were assholes and quoted me $350 to fix the crack and his work has a lifetime guarantee on it. I looked his company up and he's a top 500 2012 remodeler in remodeler's magazine and was on HGTV a handful of times, so they seem much more legit than the other companies.

He told me to try getting my money back from the inspector to cover the cost of the repair and possibly try to bluff the seller with a threat to take them to small claims court if they didn't share the repair bill with me, since he said the crack is years, if not decades old. This may work, since the sellers were a retired older couple who now reside way up in northern Michigan and the house is down here in south-eastern Michigan near Ann Arbor. It would take them like 6-8 hours travel time alone, not to mention $80-120 in gas and then the court time and headache. They'd be stupid not to just capitulate to me.

This has already hosed the inspector and his company's reputation. They're a small mom and pop inspection company. So far Keller Williams in my county has blacklisted him and every contractor I've talked to laughed their asses off at him for his inability to spot this issue when there's a loving crack in plain sight on the outside of the house, not to mention the various other little indicators of water leakage in the basement on the other side of the crack.

I'm going to get my money back and continue hurting the inspector's reputation, since my job has made me a very prominent figure in the county. Muahahahaha!

Edit: Oh and this guy says there's no way to tell if the mold is black mold without sending it into a lab. He thinks that as long as I replace the insulation with something more up-to-date that doesn't have formeldahyde in it and is made with more modern materials the insulation should be able to withstand the slight air and moisture seapage. Eventually I'm having all new windows put on the house too, so between those two things and having the crack fix the moisture level in the basement should drop significantly - and aside from the leak point it's a "dry" basement IMHO. I'd put furniture down there right now.

Double edit: Hahaha, I coined a new thread title. :shobon:

ANGRY TEEN fucked around with this message at 16:04 on Nov 1, 2012

Pweller
Jan 25, 2006

Whatever whateva.

tiananman posted:

bunch of her garbage in the house

I have no idea about the legal grounds you might have, but from my layman perspective, once you accepted the keys and possession of the house, the crap in the basement is your problem unless there's something in writing stating otherwise. I think you'll need to burn a weekend and borrow a truck, then move on.

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tiananman
Feb 6, 2005
Non-Headkins Splatoma

Pweller posted:

I have no idea about the legal grounds you might have, but from my layman perspective, once you accepted the keys and possession of the house, the crap in the basement is your problem unless there's something in writing stating otherwise. I think you'll need to burn a weekend and borrow a truck, then move on.

Well, the contract says she'll remove the stuff.

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