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Cenodoxus
Mar 29, 2012

while [[ true ]] ; do
    pour()
done


Cenodoxus posted:

gently caress.

The A/C on my new house is busted. Leaky evap coil - repair cost upward of $1700 on a 15 year old unit.

Here are the facts leading up to today:
1. No disclosure from sellers regarding any AC problems that they knew of - they didn't say anything about leaks or having to recharge it. Other houses we looked at at least gave us the courtesy of telling us "Small leak, we had it recharged last year."
2. We toured in early April when temperatures were moderate, and had it inspected when temps were below 60 degrees F, so we didn't have any opportunity to test the AC.
3. On the day of our final walkthrough, May 4th or thereabouts, the house was a balmy 82 degrees F and the sellers left fans running. (This suggests they knew there was a problem at least 5 days before closing.) We thought they were trying to keep their energy bills down before they moved out. We would have done the same thing.
4. The sellers paid for a home warranty. The home warranty company is also an area HVAC company and they said the evap coil is shot, and they will not cover it under our buyer's warranty as this doesn't just happen overnight and is definitely a preexisting condition. I asked if the sellers should have noticed the problem - the repairman gave an emphatic "Yes!" He had to charge it almost completely, putting 5 pounds of refrigerant in a system that should hold 5.5.

Do I have grounds to pursue anything against the sellers?

Now we just found seemingly 100+ termites in our bathtub. We have seen bugs in there every once in a while since taking possession, but it appears that in the 3 hours after you take a shower, they all swarm into the empty tub and hang out. There is no loving way the sellers didn't see this. This is getting ridiculous.

A lawsuit looks to be in our future.

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Jealous Cow
Apr 4, 2002

by Fluffdaddy
Closing in limbo because seller says I need to use their closing agent for them to pay owners title insurance. In the addendum referencing this they didn't actually recommend an agent so I went with the one my realtor suggested. Really coming back to haunt me now.

Cranbe
Dec 9, 2012

Cenodoxus posted:

Now we just found seemingly 100+ termites in our bathtub. We have seen bugs in there every once in a while since taking possession, but it appears that in the 3 hours after you take a shower, they all swarm into the empty tub and hang out. There is no loving way the sellers didn't see this. This is getting ridiculous.

A lawsuit looks to be in our future.

Yeah dude, time talk to an attorney if you're entertaining this idea. You'll probably have to prove not only that those termites were there before closing but also that the sellers actually knew about them. Might be tough to prove that, even before you moved in, they'd always come out after a shower. What evidence can you get that it's not a new phenomenon?

Not saying you're wrong, just that it's probably going to be an uphill battle to sufficiently document it.

Thom Yorke raps
Nov 2, 2004


Cenodoxus posted:

Now we just found seemingly 100+ termites in our bathtub. We have seen bugs in there every once in a while since taking possession, but it appears that in the 3 hours after you take a shower, they all swarm into the empty tub and hang out. There is no loving way the sellers didn't see this. This is getting ridiculous.

A lawsuit looks to be in our future.

do never buy

Jealous Cow
Apr 4, 2002

by Fluffdaddy
So turns out Freddie Mac will get out of $1300 in closing costs because of paragraph 18 of the We Tha Govm'nt Bitch purchase addendum.

Ok, fine, my fault, I didn't catch it, but neither did my realtor, my LO, his processor, the underwriter, the appraiser, my attorney, or his paralegal.

Freddie's attorney caught it.

15 mins before settlement.

Do never attempt to buy.

OneWhoKnows
Dec 6, 2006
I choo choo choooose you!

Jealous Cow posted:

So turns out Freddie Mac will get out of $1300 in closing costs because of paragraph 18 of the We Tha Govm'nt Bitch purchase addendum.

Ok, fine, my fault, I didn't catch it, but neither did my realtor, my LO, his processor, the underwriter, the appraiser, my attorney, or his paralegal.

Freddie's attorney caught it.

15 mins before settlement.

Do never attempt to buy.

I'm probably just reading this wrong, but what does it mean? Who's on the hook for $1300?

Jealous Cow
Apr 4, 2002

by Fluffdaddy

OneWhoKnows posted:

I'm probably just reading this wrong, but what does it mean? Who's on the hook for $1300?

Me.

Paragraph 18 states that Freddie Mac will not pay transfer taxes or tax stamps under any circumstances. They promised to pay $5800 in closing costs, my total costs are just under that including transfer and stamps, about $1300, so they are refusing to pay that and reducing their contribution to $4500.

Apparently they can break one part of the contract with another.

Dik Hz
Feb 22, 2004

Fun with Science

Jealous Cow posted:

Apparently they can break one part of the contract with another.
I'm pretty sure that falls under the severability clause that's in pretty much every contract.

Cranbe
Dec 9, 2012

Dik Hz posted:

I'm pretty sure that falls under the severability clause that's in pretty much every contract.

Nah, the rider probably has language that the provisions in the rider control. Probably something starting, "notwithstanding anything herein to the contrary..."

Jealous Cow
Apr 4, 2002

by Fluffdaddy

Cranbe posted:

Nah, the rider probably has language that the provisions in the rider control. Probably something starting, "notwithstanding anything herein to the contrary..."

It does, it also has a clause that the purchase contract lives past the closing so they can enforce things like "move in within 60 days" and "sue me if I sell it within 1 year".

I'm using a conventional loan, but bought during the First Look period.

Zhentar
Sep 28, 2003

Brilliant Master Genius

Dik Hz posted:

I'm pretty sure that falls under the severability clause that's in pretty much every contract.

The clause doesn't even need to be in the contract, because that's generally how contract law works by default anyway.

radialright
May 19, 2004
PINKU BENTO BOXU ^_^;;
You guys, buying real estate-owned (ie, foreclosed) houses is a drat nightmare. Just found out that our lender that pre-approved us won't lend to us because the house is being sold under a Bargain and Sale deed, instead of the normal Statutory Warranty deed. Then, did some poking in the public records for the house and found that there's (possibly) an outstanding writ of attachment on the house, which means that potentially the Sheriff's department could seize the property and sell it to recoup the previous owner's unpaid obligations.

W.T.F. :psypop:

Leperflesh
May 17, 2007

Jie posted:

You guys, buying real estate-owned (ie, foreclosed) houses is a drat nightmare. Just found out that our lender that pre-approved us won't lend to us because the house is being sold under a Bargain and Sale deed, instead of the normal Statutory Warranty deed. Then, did some poking in the public records for the house and found that there's (possibly) an outstanding writ of attachment on the house, which means that potentially the Sheriff's department could seize the property and sell it to recoup the previous owner's unpaid obligations.

W.T.F. :psypop:

It's not always a nightmare - my purchase of a bank-owned foreclosure went very smoothly - but it certainly can be (as can any other home purchase).

But it sounds to me like your lender just saved your rear end bigtime! Run, don't walk, away from that house.

ssb
Feb 16, 2006

WOULD YOU ACCOMPANY ME ON A BRISK WALK? I WOULD LIKE TO SPEAK WITH YOU!!


So we're going to see the house that's by far on top of our list tonight. If we like it, we're offering the asking price on the spot. Which seems stupid, but we'll only make it valid til the 31st. The house has an open house on the 1st that we'd rather not have happen and risk a bidding war. We're comfortable with the price, and $5-10k isn't worth the worry/potential bidding war, so we said gently caress it and will just offer the asking price and just try to avoid the risk.

Let's hope we like it as much as the pictures on the inside indicate - we already looked at the outside and were quite happy. If we had a close second place and weren't on a short schedule, we probably wouldn't do this.

GhostOfTomNook
Aug 17, 2003

El gallo Pinto no pinta,
el que pinta es el pintor.


shortspecialbus posted:

So we're going to see the house that's by far on top of our list tonight. If we like it, we're offering the asking price on the spot. Which seems stupid, but we'll only make it valid til the 31st. The house has an open house on the 1st that we'd rather not have happen and risk a bidding war. We're comfortable with the price, and $5-10k isn't worth the worry/potential bidding war, so we said gently caress it and will just offer the asking price and just try to avoid the risk.

Let's hope we like it as much as the pictures on the inside indicate - we already looked at the outside and were quite happy. If we had a close second place and weren't on a short schedule, we probably wouldn't do this.

What's the standard length for contract acceptance in your area? 4 days seems pretty generous (on all of our offers we gave 24-36 hours before the contract expired).

There are two downsides to offering more time than necessary: you give the seller more time to get another offer and you lock yourself up in case another house you like comes on the market.

ssb
Feb 16, 2006

WOULD YOU ACCOMPANY ME ON A BRISK WALK? I WOULD LIKE TO SPEAK WITH YOU!!


pragan4 posted:

What's the standard length for contract acceptance in your area? 4 days seems pretty generous (on all of our offers we gave 24-36 hours before the contract expired).

There are two downsides to offering more time than necessary: you give the seller more time to get another offer and you lock yourself up in case another house you like comes on the market.

Good point - I'll discuss that with the realtor tonight. I didn't even know til yesterday that you could reasonably limit an offer to that short a time frame (I was thinking 4 days was short - what do I know, I guess.) Thanks.

OneWhoKnows
Dec 6, 2006
I choo choo choooose you!

shortspecialbus posted:

Good point - I'll discuss that with the realtor tonight. I didn't even know til yesterday that you could reasonably limit an offer to that short a time frame (I was thinking 4 days was short - what do I know, I guess.) Thanks.

24 - 48 hours has been what I've seen for offer/counter-offer acceptance as well. Then, 7 days for inspections, 2 days for acceptance/rejection of inspection repairs.

ex post facho
Oct 25, 2007
Appraisal for the property I'm looking at came in at $2,000 above the seller's listing price. Not super significant, but pretty amazing that they were able to value their property so close to market value.

I feel lucky. In the "comparables" that came through with the appraisal report, all of them were $20-30k higher with less square footage, worse area and fewer amenities.

Fingers crossed that things continue to shake out well as I get closer to closing...

Incredulous Dylan
Oct 22, 2004

Fun Shoe

a shameful boehner posted:

Congratulations on the condo :)

If you can't get below 5%, find a different lender. I'm putting 5% down in a conventional loan and with a credit score just above 800 I was able to lock in 4.5% with no closing costs. Doesn't seem like there's any reason why you couldn't get similar especially with a full 20% down.

As an update - I ended up locking in at 4.375, so I'm satisfied! Glad to hear the appraisal went well. Mine was also $2k above and the seller's agent tried calling my mortgage officer to find out the number multiple times. Of course he didn't spill the beans. Sorry, pal!

SiGmA_X
May 3, 2004
SiGmA_X

Incredulous Dylan posted:

As an update - I ended up locking in at 4.375, so I'm satisfied! Glad to hear the appraisal went well. Mine was also $2k above and the seller's agent tried calling my mortgage officer to find out the number multiple times. Of course he didn't spill the beans. Sorry, pal!
Interesting! My folks, as sellers, were told by the appraiser what the value was. Is that a contractual thing, and it normally doesn't happen? Its happened 4/4 in the last 15yrs for my folks sales. And every single one of them was within 1% over agreed upon price. I think you have to really do something wrong to get the appraisal value below the agreed upon price.

Incredulous Dylan
Oct 22, 2004

Fun Shoe
Down in South Florida there is a strange market, so even if the comps don't match up people may recognize that and try to sell their property at a higher price to catch the wave. That's my guess, anyway. My mortgage officer said he was not allowed to divulge those details to anyone but me.

Jealous Cow
Apr 4, 2002

by Fluffdaddy
There is a provision in the buyers addendum from Freddie Mac which required me to share the appraisal with them within 48 hours of receiving it or before closing whichever is sooner.

Incredulous Dylan
Oct 22, 2004

Fun Shoe
Received an email today from the closing department stating "oh hey, even though we are two days away its worth mentioning your master insurance policy doesn't include flood insurance and we only just noticed". No flood, no condo. The condo association is ran by this incredibly old woman who keeps specific hours that do not include today, so there was no way to contact her and find out what's what. After calling around the different departments, it was actually my crazy insurance guy who had the idea of calling the agency which handled the association's insurance and finding out from them if they also issued a flood policy. I had to call a information service and pay $20 to have them email me everything related to the policy, but included was a FEMA letter grandfathering the condo out of a flood zone. Victory! (?)

ssb
Feb 16, 2006

WOULD YOU ACCOMPANY ME ON A BRISK WALK? I WOULD LIKE TO SPEAK WITH YOU!!


Incredulous Dylan posted:

Received an email today from the closing department stating "oh hey, even though we are two days away its worth mentioning your master insurance policy doesn't include flood insurance and we only just noticed". No flood, no condo. The condo association is ran by this incredibly old woman who keeps specific hours that do not include today, so there was no way to contact her and find out what's what. After calling around the different departments, it was actually my crazy insurance guy who had the idea of calling the agency which handled the association's insurance and finding out from them if they also issued a flood policy. I had to call a information service and pay $20 to have them email me everything related to the policy, but included was a FEMA letter grandfathering the condo out of a flood zone. Victory! (?)

I thought the only way to get actual flood insurance was to get it through the National Flood Insurance Program?

PS We made an offer for the list price on the house last night. They have 48 hours to accept. I think they will. Until then, fingers crossed.

Incredulous Dylan
Oct 22, 2004

Fun Shoe
My insurance guy had a quote for me in just a few minutes but I don't know who with. Just waiting for the bank's people to confirm the letter so they can send the closing package to my title company and I can finally be done with this poo poo.

couldcareless
Feb 8, 2009

Spheal used Swagger!
I believe when it comes to flood insurance, the NFIP oversees and sets rates, but the insurance can be offered by any given insurance provider. Unlike homeowners, though, the flood insurance will always remain the same rate despite different providers as the rate is produced using some magic formula involving the BFE of your area on the flood maps, your elevation provided by an elevation survey, and the size of your house and amount of contents you want to claim.

ssb
Feb 16, 2006

WOULD YOU ACCOMPANY ME ON A BRISK WALK? I WOULD LIKE TO SPEAK WITH YOU!!


couldcareless posted:

I believe when it comes to flood insurance, the NFIP oversees and sets rates, but the insurance can be offered by any given insurance provider. Unlike homeowners, though, the flood insurance will always remain the same rate despite different providers as the rate is produced using some magic formula involving the BFE of your area on the flood maps, your elevation provided by an elevation survey, and the size of your house and amount of contents you want to claim.

That might be what it is - it's provided or whatever by NFIP but brokered by your insurance company, maybe. I'll see if I can find out more, I have a pretty good source for insurance stuff.

Captain Capacitor
Jan 21, 2008

The code you say?
My fiancee and I have started looking into buying a home. There's one of two paths we could go down, and I'm wondering if anybody here has experienced either one and could share their tale.

1. Buy an older house (one in particular we're looking at is from 1903 or near to it, but has been updated), slowly renovating it over time to our liking.

2. Buying a plot of land and getting one of the prefab homes put together (once the land is cleared, foundation put down, lines run, etc).

Both options appeal to us for different reasons and both come with their own perils.

If you have any stories (horror or otherwise) about these sorts of situations I'd love to hear them.

spencer for hire
Jan 27, 2006

we just want to dance here, someone stole the stage
they call us irresponsible, write us off the page
My re-counter offer was accepted over the weekend and now I hope I didn't back myself into a corner on inspection. Because of the holiday weekend and me slacking a little, I didn't start calling inspectors until today and of course everyone was booked for the week. I was able to get one finally but now I'm second guessing why this guy wasn't busy......

Does vetting out the inspector actually matter or is my new house going to burn down the day after I close anyway?

Cranbe
Dec 9, 2012
.

Cranbe fucked around with this message at 14:12 on May 29, 2014

GhostOfTomNook
Aug 17, 2003

El gallo Pinto no pinta,
el que pinta es el pintor.


spencer for hire posted:

Does vetting out the inspector actually matter or is my new house going to burn down the day after I close anyway?

Yeah, it matters. In Missouri, zero training is required to call yourself a home inspector, so there are some sketchy ones out there.

Does Angies List have anything to say? Do inspectors have to be licensed or certified in your area? I don't trust realtor recommendations, but maybe they can pull some strings to get one of their trusted inspectors in.

ssb
Feb 16, 2006

WOULD YOU ACCOMPANY ME ON A BRISK WALK? I WOULD LIKE TO SPEAK WITH YOU!!


shortspecialbus posted:

PS We made an offer for the list price on the house last night. They have 48 hours to accept. I think they will. Until then, fingers crossed.

Our offer was accepted! We are so friggen excited right now. Now to finish financing, get inspections, deal with insurance, and everything else. Lots of work to do but we can at least relax about someone else swooping the house.

revengeanceful
Sep 27, 2006

Glory, glory Man United!

couldcareless posted:

I believe when it comes to flood insurance, the NFIP oversees and sets rates, but the insurance can be offered by any given insurance provider. Unlike homeowners, though, the flood insurance will always remain the same rate despite different providers as the rate is produced using some magic formula involving the BFE of your area on the flood maps, your elevation provided by an elevation survey, and the size of your house and amount of contents you want to claim.
As an actuary that had to study the NFIP pretty extensively, this is exactly right. Whoever provides the insurance policy will collect the premium from you and handle any flood claims you might have, but ultimately the NFIP is on the hook for everything from setting rates to paying losses to insureds.

Adiabatic
Nov 18, 2007

What have you assholes done now?
Just got the inspection report back on the house and aside from minor issues the big thing that has me worried is the HVAC system. It's a 2 year old A/C heat pump combo but the temperature was 67 upstairs and 53 downstairs. He's recommending an HVAC inspector. (EDIT: ambient was 84 at the time of inspection)

Problem is there was an offer for $5500 more than mine when we had a verbal agreement with the seller, and due to this they put a hard cap on inspection repairs at $1000 or they will drop out.

Do I have any recourse in further investigating the problem at this point? Anyone have any experience with HVAC and can give me any advice?

Adiabatic fucked around with this message at 15:36 on May 29, 2014

Elephanthead
Sep 11, 2008


Toilet Rascal

pragan4 posted:

Yeah, it matters. In Missouri, zero training is required to call yourself a home inspector, so there are some sketchy ones out there.

Does Angies List have anything to say? Do inspectors have to be licensed or certified in your area? I don't trust realtor recommendations, but maybe they can pull some strings to get one of their trusted inspectors in.

If you are serious about home inspection, I would use an engineering firm, they have guys that do this, it is dramatically more expensive then home inspection hobos $300 fee, but not more then 4 times as much.

Also the bubble is bubbling really good, ride this baby to the pop! Money will flow at least until the next presidential election.

Jealous Cow
Apr 4, 2002

by Fluffdaddy
I supposedly close in 4 hours (again). Still don't have my cash requirement yet. Realtor isn't answering phone and hasn't confirmed he'll be there.

SlapActionJackson
Jul 27, 2006

Jealous Cow posted:

I supposedly close in 4 hours (again). Still don't have my cash requirement yet. Realtor isn't answering phone and hasn't confirmed he'll be there.

You don't need the realtor any more. Call the title company and ask them what's going on - they're the ones in control at this point.

Jealous Cow
Apr 4, 2002

by Fluffdaddy

SlapActionJackson posted:

You don't need the realtor any more. Call the title company and ask them what's going on - they're the ones in control at this point.

My realtor will have the keys. It's REO and the seller is located in Texas.

Elephanthead
Sep 11, 2008


Toilet Rascal
How are you going to close in 4 hours if you don't have the settlement statement already?

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Incredulous Dylan
Oct 22, 2004

Fun Shoe
Just got my call from the title company with the amount to close. Somehow I will have over a grand more left over than I initially calculated. Walk through in the morning and then a 10 am close followed by a day of moving. Woooo!

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