Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
DaveSauce
Feb 15, 2004

Oh, how awkward.

Beef Of Ages posted:

I'm not a lawyer or even remotely skilled in this area, but could you not make an argument that anything left in the house after the closing contract was executed now belongs to the buyers? I'm guessing probably not but it ought to be for the sellers doing something that lovely.

Best case they close without a walkthrough, meaning they had no idea the PO was still hanging around. Sign the paperwork, ask for the key, and find out PO hasn't moved poo poo. But now you have a tenant that you have to evict.

The instant they did walkthrough and told the seller to GTFO, the seller isn't going to sign any paperwork until they're happy. Then you have to sue for specific performance to force them to close, which costs money and time, and the seller would likely have moved out by the time that was sorted, and potentially trashed a bunch of poo poo or did sneaky "concrete in the plumbing" stuff like what happened in the foreclosure crisis.

Realistically, agreeing to a rentback was probably the path of least resistance to make closing happen.

Also in many states, poo poo left behind after closing is not necessarily abandoned property, nor do you automatically own it. Often you're required to give the seller a chance to get it out.

Adbot
ADBOT LOVES YOU

Residency Evil
Jul 28, 2003

4/5 godo... Schumi
A few weeks ago, we paid $2k or so to get some walls repainted/fixed in prep for selling the house.

Our movers just damaged those same walls on the move out.

The buyers are already planning on fixing/repainting those same walls.

There’s some greater lesson here about economics and life that I can’t quite put together.

Motronic
Nov 6, 2009

Residency Evil posted:

A few weeks ago, we paid $2k or so to get some walls repainted/fixed in prep for selling the house.

Our movers just damaged those same walls on the move out.

The buyers are already planning on fixing/repainting those same walls.

There’s some greater lesson here about economics and life that I can’t quite put together.

Is it the one where I repeatedly tell people that putting money into a house you are selling for anything other than repairing major defects is a thing to decrease the amount of time it takes to sell rather than a thing you do to make more money on the sale?

actionjackson
Jan 12, 2003

still trying to process a convo I had with someone this morning, who was telling me she wanted to move out of her townhome into a detached home because "talking to my neighbors was a total time suck"

hmm okay, so how about the new home?

new construction, four bedrooms and three bathrooms

this is for one person

Residency Evil
Jul 28, 2003

4/5 godo... Schumi

Motronic posted:

Is it the one where I repeatedly tell people that putting money into a house you are selling for anything other than repairing major defects is a thing to decrease the amount of time it takes to sell rather than a thing you do to make more money on the sale?

Nah, because I’m not convinced that making things look better for a negligible percentage of the sale price doesn’t increase the final selling price. Staging is something that exists and apparently works, for example.

Motronic
Nov 6, 2009

Residency Evil posted:

Nah, because I’m not convinced that making things look better for a negligible percentage of the sale price doesn’t increase the final selling price. Staging is something that exists and apparently works, for example.

Yes, to sell homes faster.

This is always aligns with the interests of your seller agent. Potentially yours.

During a time with inventory this low it would be a highly debatable choice.

gwrtheyrn
Oct 21, 2010

AYYYE DEEEEE DUBBALYOO DA-NYAAAAAH!

actionjackson posted:

new construction, four bedrooms and three bathrooms

this is for one person

I don't see anything wrong with this.

actionjackson posted:

because "talking to my neighbors was a total time suck"

This though, lol. Unless they're out where they measure the distance to their nearest neighbor in fractions of a mile rather than # of feet

actionjackson
Jan 12, 2003

um, ok

actionjackson fucked around with this message at 21:37 on Jun 15, 2021

Insurrectum
Nov 1, 2005

Post-script on the decision NOT to buy patio furniture from the previous owner, from a few dozen pages back:

It was a big mistake not to buy the furniture. Supply chains are still wonky and just a simple table + chairs + umbrella is $$$$$ and would take weeks/months to ship. And it was especially dumb, given we're in the peak time for purchasing patio furniture.

So I bit the bullet and bought a small wicker patio table + wicker chairs off facebook marketplace. The chairs sit a little low compared to the table so now I'm looking into buying new cushions to raise it up, which led to more eye popping $$$$$ amounts.

Glumwheels
Jan 25, 2003

https://twitter.com/BidenHQ

Insurrectum posted:

Post-script on the decision NOT to buy patio furniture from the previous owner, from a few dozen pages back:

It was a big mistake not to buy the furniture. Supply chains are still wonky and just a simple table + chairs + umbrella is $$$$$ and would take weeks/months to ship. And it was especially dumb, given we're in the peak time for purchasing patio furniture.

So I bit the bullet and bought a small wicker patio table + wicker chairs off facebook marketplace. The chairs sit a little low compared to the table so now I'm looking into buying new cushions to raise it up, which led to more eye popping $$$$$ amounts.

Oh man, I was wondering about this myself. I wanted patio and lawn furniture in august but also a decent mower. If they offer to sell their stuff to us I’ll take them up on it.

kw0134
Apr 19, 2003

I buy feet pics🍆

Motronic posted:

That's how it works in PA on standard forms (clause right in there), but it's not that straightforward if the sellers have not vacated. Again, because they are legal tenants.
...Maybe? I guess this is jurisdiction dependent, but with a closing, you've sold both the actual property and the rights to possession as the owner-occupier. It's one thing if there's an actual third party tenant which is known to all parties (see, e.g., the deal to buy a condo being rented to someone) but as the owner selling the property that right doesn't adhere to you as a general matter. Because you're the seller. If you wanted to stay, you could have not sold. At least in NY, you're a trespasser or breaching the sales contract.

IOwnCalculus
Apr 2, 2003





SpartanIvy posted:

I assume they're selling the house they bought in 2007.

Yes, this. I apparently only pick the best markets to buy and sell houses.

Motronic
Nov 6, 2009

kw0134 posted:

...Maybe? I guess this is jurisdiction dependent, but with a closing, you've sold both the actual property and the rights to possession as the owner-occupier.

Yes, you are. That's what's in your contract, but it doesn't remove their tenants rights. Which is why you need to do a final walkthrough and make sure they have vacated.

This is also why I hate rentbacks so much. You have the same issue if they don't vacate at the end of the agreement.

kw0134 posted:

It's one thing if there's an actual third party tenant which is known to all parties (see, e.g., the deal to buy a condo being rented to someone) but as the owner selling the property that right doesn't adhere to you as a general matter. Because you're the seller. If you wanted to stay, you could have not sold. At least in NY, you're a trespasser or breaching the sales contract.

This is what I'm talking about : they may very well be a trespasser, but maybe not. They are definitely breaking the sales contract. Those are entirely separate matters from the tenants rights they still have in most states. And have different legal remedies.

It's one of those really stupid law interactions where things don't work the way you'd think they should, work differently in different states, even different counties and why it's so important to just avoid this situation all together.

grenada
Apr 20, 2013
Relax.

kw0134 posted:

...Maybe? I guess this is jurisdiction dependent, but with a closing, you've sold both the actual property and the rights to possession as the owner-occupier. It's one thing if there's an actual third party tenant which is known to all parties (see, e.g., the deal to buy a condo being rented to someone) but as the owner selling the property that right doesn't adhere to you as a general matter. Because you're the seller. If you wanted to stay, you could have not sold. At least in NY, you're a trespasser or breaching the sales contract.

I agree but I think the point is that the courts - not a 911 call - is going to settle this. Court cases take time… meanwhile some clown has possession of your money AND house.

H110Hawk
Dec 28, 2006
In a perfect world you could show up with the Sheriff the moment you finish with the notary assuming same-day occupancy and toss whatever (now) squatters out onto the street. In reality it's a complicated mess that likely involves months of court cases if the previous owners decide to be dicks.

BigHead
Jul 25, 2003
Huh?


Nap Ghost
I'm closing in less than a week and I just learned that Comcast has a monopoly in my neighborhood.

GoGoGadgetChris
Mar 18, 2010

i powder a
granite monument
in a soundless flash

showering the grass
with molten drops of
its gold inlay

sending smoking
chips of stone
skipping into the fog
I used to live on one of those streets. 25mbps internet for $79 a month

kw0134
Apr 19, 2003

I buy feet pics🍆

laxbro posted:

I agree but I think the point is that the courts - not a 911 call - is going to settle this. Court cases take time… meanwhile some clown has possession of your money AND house.
Yes, just as a general rule you don't want to be in the position to ask for any actual governmental intervention to enforce your rights. Like when they all show up at the closing and the buyer asks for the keys and the seller is "well, we're not ready yet!" I can't imagine that the seller is gonna leave without the lawyers* taking him aside to legally slap him around. And certainly without the funds being released from the escrow to facilitate a massive lawsuit involving every single person in the transaction.

*I'm aware not every jurisdiction uses an attorney, but we do in NY.

Tyro
Nov 10, 2009
Ugh that stinks I'm sorry.

Our soon-to-be neighborhood has both Comcast and Fios. Fios is cheaper for the same speed, but the existing owner has Comcast and says they're happy with it. At least the presence of competition in theory should imply some decent speeds.

I was planning to swap to Verizon just out of general dislike for Comcast but I don't want to deal with the hassle of the Verizon installer maybe accidentally damaging the septic or sprinkler system or something.

Now I'm thinking I'll maybe sign up for Comcast on a no-contract basis and test it out for a month, and switch it if I'm unhappy.

QuarkJets
Sep 8, 2008

Motronic posted:

Yes, you are. That's what's in your contract, but it doesn't remove their tenants rights. Which is why you need to do a final walkthrough and make sure they have vacated.

This is also why I hate rentbacks so much. You have the same issue if they don't vacate at the end of the agreement.

This is what I'm talking about : they may very well be a trespasser, but maybe not. They are definitely breaking the sales contract. Those are entirely separate matters from the tenants rights they still have in most states. And have different legal remedies.

It's one of those really stupid law interactions where things don't work the way you'd think they should, work differently in different states, even different counties and why it's so important to just avoid this situation all together.

Couldn't escrow be used to make a rentback more secure? Everyone agrees to a rentback at a specific rate with harsh financial penalties for not vacating on time, then escrow enforces those terms?

Insurrectum
Nov 1, 2005

QuarkJets posted:

Couldn't escrow be used to make a rentback more secure? Everyone agrees to a rentback at a specific rate with harsh financial penalties for not vacating on time, then escrow enforces those terms?

There's lots of laws regarding tenancy that may or may not make a harsh enough penalty possible, and you're still going to have to get lawyers and the government involved (which could mean up to a year of litigating for some jurisdictions).

skipdogg
Nov 29, 2004
Resident SRT-4 Expert

Insurrectum posted:

I'm looking into buying new cushions to raise it up, which led to more eye popping $$$$$ amounts.

I don't know what makes those cushions so expensive, but I'm pretty sure it will cost more to replace the cushions that it would be to buy a new patio set. That Sunbrella fabric must be something special.

BigHead posted:

I'm closing in less than a week and I just learned that Comcast has a monopoly in my neighborhood.

First question I ask when I buy a house is who provides internet access.


Regarding HOA chat, I know everyone here absolutely hates them, but they're a fact of life for a lot of places, especially anywhere with shared amenities or common property. Read the bylaws, see what they can and cannot do, what powers they have and decide if you can deal with them or not. I've lived in 2 HOA communities so far, and haven't had any issues. I'm the sort of person that generally doesn't violate anything that would be in a set of standard CC&R's though and I read every single page of the documents twice to know exactly what I was getting into. There are very few places left in this country (In my experience) where you can truly own a piece of property and do whatever you want with it. Some communities around me have POA's instead of HOA's. There are plenty of city and county ordinances and laws in play, zoning regulations, and some properties around my area just have really restrictive deed covenants/restrictions that some racist rear end in a top hat put on the properties back in the 50's that are probably not even enforceable anymore (African American people not allowed to buy the land). Granted I have limited experience, things may be a lot different on the East Coast with much older laws on the books. With property taxes we never really truly own our land anyway. I'm sure if I went far enough out into the country I could find some unimproved land I could build a pepto bismol pink color house on, but if I started parking 15 used broken down school busses on my land, someone would probably be along to tell me I can't do that.

lampey
Mar 27, 2012

kw0134 posted:

...Maybe? I guess this is jurisdiction dependent, but with a closing, you've sold both the actual property and the rights to possession as the owner-occupier. It's one thing if there's an actual third party tenant which is known to all parties (see, e.g., the deal to buy a condo being rented to someone) but as the owner selling the property that right doesn't adhere to you as a general matter. Because you're the seller. If you wanted to stay, you could have not sold. At least in NY, you're a trespasser or breaching the sales contract.

The former owners aren't trespassers, they are tenants holding over in virtually every state. Rural LA and AR have some unusual laws. As holdovers you don't need to give them further notice, you can start the eviction process right away, but the police and sheriffs won't get involved until you go to court and get a judgement.

But in NY specifically the closing date doesnt mean much and the sellers can push back over a month without any penalty or breach generally. Compared to other states this kind of problem is very rare, sellers will just delay closing until they have moved out. And as a buyer it is easy to avoid by not skipping the final walkthrough, not agreeing to rentback

IOwnCalculus
Apr 2, 2003





skipdogg posted:

First question I ask when I buy a house is who provides internet access.

Same, I grew up in one of the last neighborhoods to get any sort of broadband and I don't want that experience again without a drat good reason.

Strangely the PO of my new house was using an extremely small point-to-point wireless ISP (had some janky low-end Ubiquti device stuck on a repurposed satellite dish). I say "strangely" because Centurylink had no problem hooking me up with 140Mbps on bonded DSL for less than they were paying that small ISP for 25Mbps. I'd have rather gone somewhere with FTTH but this place ticked so many goddamn boxes and it's not like 140Mbps is useless.

skipdogg
Nov 29, 2004
Resident SRT-4 Expert

No Cox out there, or you just rather use CenturyLink?

BigPaddy
Jun 30, 2008

That night we performed the rite and opened the gate.
Halfway through, I went to fix us both a coke float.
By the time I got back, he'd gone insane.
Plus, he'd left the gate open and there was evil everywhere.


I only have the option for Cox which is great… they keep trying to get me to upgrade to super duper internet but since the service I already pay for is slower than advertised then nah. Also their wifi cable box is arse and I have to reboot it weekly since the audio and video get out of sync on every channel.

IOwnCalculus
Apr 2, 2003





No Cox at the new place at all. I'd say "yet" because it looks like they're building into the neighborhood going up directly behind my house, but I doubt they're going to want to literally cut straight across from there to my place. Easements would be a nightmare.

At any rate my experience with Cox for the last year or so at the old place wasn't great thanks to Cox's awful routing policies, and that's before you get to their nonexistent customer service (took three calls to cancel). My 140/20 connection costs less than half of my old 300/30 connection, and realistically you only see the difference doing a giant download for a new game install or some poo poo like that.

If CL ever offers me gigabit fiber, I'll still do that upgrade.

PageMaster
Nov 4, 2009
Cox is the only supplier on my side of the highway which is fine, except they want 50 dollars now for unlimited data even with a gigablast plan

DaveSauce
Feb 15, 2004

Oh, how awkward.
We happily limped along with AT&T 12 mbps DSL + Dish for quite a while before they finally installed fiber in our neighborhood.

It was awful. Do not recommend. But the only other option was time warner/spectrum and gently caress giving them money (especially after it took 4 hours on the phone to cancel from a previous move).

egyptian rat race
Jul 13, 2007

Lowtax Spine Fund 2019
Ultra Carp
Something interesting dropped in my lap this week. Landlord of 8yrs got a divorce and his wife received my house I rent as a part of the settlement. This was in January; she then moved across the country and raised rent 10%, then silence. I got an email today saying "I have gotten a lot of offers on the house, but I have no plans to sell it while you and your family are renting. [This is something her ex-husband always promised- we have had no lease since 2014] I would entertain an offer from you if you would like to buy it at the low interest rates being offered today. Best regards, etc." No deadline, no discussion of price or any details. I've been happily renting below market and trying to pretend this insane market doesn't exist. My wife and I have zero debt of any kind and an emergency fund but no real down payment unless we cash out some old IRAs.

What should I do as a next step? I'm sort of interested in the part where I might skip an unpleasant bidding war and buy direct from this lady. Not crazy about the house at all but we've been here 8yrs, the neighborhood is nice and convenient, and our jobs are very stable.

Is it legal as a renter to pay out of pocket for an inspection/appraisal to get an idea of what I'm considering? Do I talk to a realtor before talking to the owner?

TIA

gwrtheyrn
Oct 21, 2010

AYYYE DEEEEE DUBBALYOO DA-NYAAAAAH!
If you're going that route, you should probably talk to a real estate attorney instead of an agent unless housing is incredibly cheap in your area. I don't know why you'd pay someone 3% of the sale price for an off-market sale that you found yourself.

spwrozek
Sep 4, 2006

Sail when it's windy

BigHead posted:

I'm closing in less than a week and I just learned that Comcast has a monopoly in my neighborhood.

I check on all of the options before putting an offer in. There are tons of super weird spots in big cities with terrible internet.

Hadlock
Nov 9, 2004

actionjackson posted:

still trying to process a convo I had with someone this morning, who was telling me she wanted to move out of her townhome into a detached home because "talking to my neighbors was a total time suck"

hmm okay, so how about the new home?

new construction, four bedrooms and three bathrooms

this is for one person

This sounds like a "I don't feel like getting into personal details with you" kind of answer that I would give

Maybe they want to impress X and get married and have room to have kids etc

If your gut reaction to that is, "buying a house to impress a woman is a stupid reason to buy a house", that might be why they made up their other answer on the spot

Or maybe they plan on hosting their sibling's kids regularly, or something. When I moved out of the house, my mom bought a stupid huge 4/3 with a pool, but had her sister/sisters kids over, her cousins, threw parties for church friends etc. She's downsized, but she remembers how fun that was she's trying to buy something massive again and I'm trying to talk her out of it because all those nieces and nephews are all married now with their own kids and pools, or her cousins are too old to drive 5 hours to see her now. But for those 5 years she really enjoyed that giant house. Boomers gonna boom

Hadlock fucked around with this message at 02:01 on Jun 16, 2021

PainterofCrap
Oct 17, 2002

hey bebe



Motronic posted:

Yes, to sell homes faster.

This is always aligns with the interests of your seller agent. Potentially yours.

During a time with inventory this low it would be a highly debatable choice.

I talked my sister out of doing anything at all except some basic cleaning , and that more for her self-respect than anything else. Oh yeah she was going to rehab the kitchen and bathrooms too.

I kept telling her that any buyer will probably start out by ripping out the kitchen and bathrooms no matter what she does.

She sold the place in a week.

Insurrectum posted:

Post-script on the decision NOT to buy patio furniture from the previous owner, from a few dozen pages back:

It was a big mistake not to buy the furniture. Supply chains are still wonky and just a simple table + chairs + umbrella is $$$$$ and would take weeks/months to ship. And it was especially dumb, given we're in the peak time for purchasing patio furniture.

So I bit the bullet and bought a small wicker patio table + wicker chairs off facebook marketplace. The chairs sit a little low compared to the table so now I'm looking into buying new cushions to raise it up, which led to more eye popping $$$$$ amounts.

Are you saying that this would be a good time for my wife to sell a set of 50s vintage rattan furniture with cushions?

PainterofCrap fucked around with this message at 03:00 on Jun 16, 2021

H110Hawk
Dec 28, 2006

egyptian rat race posted:

Something interesting dropped in my lap this week. Landlord of 8yrs got a divorce and his wife received my house I rent as a part of the settlement. This was in January; she then moved across the country and raised rent 10%, then silence. I got an email today saying "I have gotten a lot of offers on the house, but I have no plans to sell it while you and your family are renting. [This is something her ex-husband always promised- we have had no lease since 2014] I would entertain an offer from you if you would like to buy it at the low interest rates being offered today. Best regards, etc." No deadline, no discussion of price or any details. I've been happily renting below market and trying to pretend this insane market doesn't exist. My wife and I have zero debt of any kind and an emergency fund but no real down payment unless we cash out some old IRAs.

What should I do as a next step? I'm sort of interested in the part where I might skip an unpleasant bidding war and buy direct from this lady. Not crazy about the house at all but we've been here 8yrs, the neighborhood is nice and convenient, and our jobs are very stable.

Is it legal as a renter to pay out of pocket for an inspection/appraisal to get an idea of what I'm considering? Do I talk to a realtor before talking to the owner?

TIA

You can do whatever you want. Start by looking at the zestimate and seeing if you want to pay that amount. Look at mortgages for your down payment amount without hitting your retirement accounts. Like what you see? Engage a real estate attorney to talk about the logistics. While there is no deadline in the email it would be polite to get back to her regularly. I would be honest with her, you hadn't considered it but are thinking about it and need some time to figure out if it's feasible. The attorney should help you formulate an offer, including how to ask her how much she was hoping to get if you're strapped for budget because of the down payment. They will know when and how to get an appraisal, title report, all of that.

You don't need an agent.

If it's a slab foundation with no additions I would skip the general inspection, if it's raised or there have been additions get someone to go under the house. If there are additions find the permits on the city website. Get someone to scope the sewer and up on the roof to make sure there are no obvious time bombs.

Inner Light
Jan 2, 2020



H110Hawk posted:

You can do whatever you want. Start by looking at the zestimate and seeing if you want to pay that amount. Look at mortgages for your down payment amount without hitting your retirement accounts. Like what you see? Engage a real estate attorney to talk about the logistics. While there is no deadline in the email it would be polite to get back to her regularly. I would be honest with her, you hadn't considered it but are thinking about it and need some time to figure out if it's feasible. The attorney should help you formulate an offer, including how to ask her how much she was hoping to get if you're strapped for budget because of the down payment. They will know when and how to get an appraisal, title report, all of that.

You don't need an agent.

If it's a slab foundation with no additions I would skip the general inspection, if it's raised or there have been additions get someone to go under the house. If there are additions find the permits on the city website. Get someone to scope the sewer and up on the roof to make sure there are no obvious time bombs.

Why would you ever skip a general inspection unless you needed to for competitive reasons? Just curious. Strikes me as a funny call to save ~$500 on a 6 figure purchase, but $500 is $500.

H110Hawk
Dec 28, 2006

Inner Light posted:

Why would you ever skip a general inspection unless you needed to for competitive reasons? Just curious. Strikes me as a funny call to save ~$500 on a 6 figure purchase, but $500 is $500.

99% of what you are going to find in a general inspection are surface level defects you probably already know about because you've lived there for 8 years. I would skip straight to specialists.

java
May 7, 2005

I was not prepared for the influx of "BUY LIFE INSURANCE TO PAY OFF YOUR MORTGAGE" letters in my mailbox based solely on public records of the transaction. Seriously, got five today and three yesterday.

Also, does anyone pay off more than their mortgage towards principal on a monthly basis? Considering just rounding up.

Verman
Jul 4, 2005
Third time is a charm right?
The amount of mail I've received after buying my first house is crazy. It's no wonder people get scammed and frauded left and right with how much important looking poo poo gets thrown at you.

Adbot
ADBOT LOVES YOU

BigPaddy
Jun 30, 2008

That night we performed the rite and opened the gate.
Halfway through, I went to fix us both a coke float.
By the time I got back, he'd gone insane.
Plus, he'd left the gate open and there was evil everywhere.


I had multiple cold call door to door salesmen come and try to sell me security systems, water filtration, solar, garage floor epoxy, landscaping… I just put a no solicitation sign up and have not had anyone ring the bell since. Still get them on video walking up then leaving.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply