Print Story The House - I'm going insane
Diary
By Phil the Canuck (Tue Feb 19, 2008 at 10:30:41 AM EST) (all tags)
We were warned that the sellers' agent was a flake, but is he really the problem?


Let's set this up. The house is owned by a brother and sister, spawns of the deceased original owners. The brother lived there four years after the last of the parentals passed to the Great Beyond. My assumption is that he lived there until the house absolutely needed work, then thought he'd sell it quick and run laughing to the bank. This hasn't worked out well for him, as we found the flaws and made having them fixed a condition of buying the house.

The brother still lives in the Greater Buffalo Metropolitan Area, if there is such a thing, and the sister (a true Buffaloonian) lives in North Carolina. The siblings, it seems, cannot stand the sight of one another and do no speak unless absolutely necessary. The sister seems far less motivated to sell, and will go through extended periods of time where she is unreachable.

Their agent is the acting manager of another branch of our agent's company. He is, by all available accounts, a mildly retarded prick. The agents in his office hate him because he claims first dibs on any new properties that filter in, despite company policy dictating that he should only be taking on sales when all his agents are busy. The agents outside his office hate him because he doesn't answer phones, emails, or sharp slaps to the forehead.

The sellers had two major things on their list of things to do. The roof, which was done. The electrical work, which the sellers' agent told our agent was done three weeks ago. Our agent is a childhood friend of The Wife, and I have been pissing The Wife off by pointing out that I objected to her hire at the start of all this. Things went well enough at first, so well that I admitted to The Wife that I had been wrong about her friend. Here I am, today, admitting that I was probably wrong in admitting that I was wrong. She treats us as though she is doing us a favor by being our agent. She's getting her full commission, but somehow we don't get the same attention a regular customer would. Yesterday was the first day in two weeks that we heard from our agent, and it was to deliver bad news and tell us that there is nothing she can do.

The news. An electrician went in last week (but wait, we were told the work was done three weeks ago...) and told the sellers there is no work to be done. That the electrical is all up to code and there are no problems. I know this isn't the case, as there are a couple of problems beyond what we specified in the contract. No honest, competent, impartial electrician could inspect that house and say it's up to code. So the sellers hired a) a liar, b) an idiot, or c) a friend, or friend-of-a-friend. A liar would likely try to sell them more, so the electrician was likely either and idiot or someone's friend. Whatever the problem, the answer doesn't satisfy the terms of our contract which spelled out specific repairs.

The contract. We still don't have a signed copy. The first time it was in the selling agent's hands, it got destroyed by some natural disaster. We think it likely that either he, or Seller Sister, spilled coffee on it. All that got signed and returned to us was the addendum extending the inspection phase. The second copy is in the wind. Whether it is unsigned and sitting on the selling agent's desk, or with Seller Sister in Carolina, we do not have a signed contract.

We are supposed to close a week from Friday, and we have to requalify the loan if we close later than the sixth of March. We lose our rate lock if we don't close by the sixteenth, and we have locked in at a better rate than we'd get now. We signed a contract on January 20th, and the other parties haven't returned the favor.

This is clearly an unacceptable situation. When we point this out to our agent, she inevitably responds that there's nothing she can do. She's not dealing with another agent, she's dealing with a branch manager. Personally, I find it hard to believe. Everybody has a boss. If a branch manager is fucking things up, go over his head.

As it stands, we're circling the wagons and asking our attorney to tell us the best course of action. Sitting on our hands is getting us nowhere. The sellers have invested money in the property in preparation for the sale, so I doubt they're looking to back out. All we need is a well-placed threat and things will start rolling again. I still think we'll buy this house, and even close on time. I just think we may have to do some figurative skull cracking to get the job done.

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The House - I'm going insane | 17 comments (17 topical, 0 hidden) | Trackback
Nastygrams from lawyers by wiredog (4.00 / 2) #1 Tue Feb 19, 2008 at 10:35:22 AM EST
are usually effective in these cases, and fairly inexpensive.

Earth First!
(We can strip mine the rest later.)



Exactly my thoughts by Phil the Canuck (2.00 / 0) #2 Tue Feb 19, 2008 at 10:52:02 AM EST
But we wanted our agent to take care of things. You know, earn her commission. I'm past that though, I just want to force some movement from the other side.

[ Parent ]

Maybe one to the agent as well. by wiredog (4.00 / 3) #3 Tue Feb 19, 2008 at 11:45:06 AM EST
Your agent, that is.

Earth First!
(We can strip mine the rest later.)

[ Parent ]

It may well be unacceptable by wumpus (2.00 / 0) #15 Tue Feb 19, 2008 at 10:18:07 PM EST
to go over the head of the boss for the employee (I knew a person where that was the word on why he was fired*). I doubt it is so for you.

Wumpus
* Its worse than that. $Sacked_guy complained to HR: we all thought that complaining to HR was legit (and thus pointless).

[ Parent ]

Good point by Phil the Canuck (2.00 / 0) #16 Wed Feb 20, 2008 at 07:45:07 AM EST
I hadn't considered the possibility of such corporate dysfunction.

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Eeek by duxup (4.00 / 3) #4 Tue Feb 19, 2008 at 11:50:38 AM EST
That all sounds like a "walk away" kind of situation to me.  Even if electrical gets fixed I'd be nervous with all the fools involved there.  How could something else not be/go wrong?

Consulting a lawyer seems like a good idea.

As for the friend of a wife.  *hug*  My policy is NEVER to involve financial dealings with friends / family if at all possible.  When looking for my first house a good buddy of mine tried to get me to hire his brand spanking new real estate agent friend.  I wanted nothing of it.  Dude had told me stories about her in the past, I was surprised he didn't think of that before he recommended her.

Our current agent we used for buying and now selling is some sort of Minnesotan Linda Richman and while I'm suspicious of all real estate agents I think I trust her.  At the very least she responds immediately to calls  e-mails or whatever and has been able to answer every question accurately.  They should be able to do at least that.
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Walk away? by Phil the Canuck (4.00 / 1) #10 Tue Feb 19, 2008 at 01:29:34 PM EST
We're too late in the process to be able to walk away without losing money and potentially opening ourselves to a lawsuit by the sellers. Unless, of course, we can have the contract torn up, which is a possibility. We don't want to walk away though, as the house is in fairly good shape and is the only one on the market in the kids' current school district that is really suitable. Given that it has already cost us a small amount of money and we like it, we would prefer to kickstart the appropriate people into panicked action.

As for the friend thing, well, my policy as well.

[ Parent ]

Agreement by duxup (2.00 / 0) #11 Tue Feb 19, 2008 at 01:41:37 PM EST
I don't know how the agreements in some places work but if an offer is made, accepted, and an inspection indicates some work needs to be done and the seller won't do the work, that's a legitimate walk away kinda out.  At least as far as I know, but yeah i'm no realtor and of course realtors are interested in getting selling done... and that's about it.

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[ Parent ]

Ah, there's the problem by Phil the Canuck (4.00 / 1) #14 Tue Feb 19, 2008 at 02:15:29 PM EST
The sellers agreed to do the work. We signed the amended contract. They have not signed the contract (or at least we have not been provided with evidence that they have). They have done part of the work, and a contractor said the other part was not necessary. So there is a contract floating around that we have signed, that specifies repairs, signed by only us, and now there is a dispute arising based on the terms of that half-signed contract. So no, we are not in a walk-away position.

[ Parent ]

when we did this a couple weeks ago by LilFlightTest (2.00 / 0) #17 Wed Feb 20, 2008 at 06:54:12 PM EST
there was a deadline for contract signage by both parties. had the seller not signed the amended contract by the date specified, we didn't have to buy the house.
---------
if de-virgination results in me being able to birth hammerhead sharks, SIGN ME UP!!! --misslake
[ Parent ]

And the delicious irony is by Rogerborg (4.00 / 3) #5 Tue Feb 19, 2008 at 12:10:03 PM EST
That it's the bank buying the house, not you.

Yes, incompetent fuckers, every single last one of them.  My theory is that there are perhaps a dozen competent people in the housing markets of any given country at any period of time that keep the entire industry moving by sheer force of will.

Just remember: there will be another house, and another sweet deal.  It's not like people are beating down the door at banks to get mortgages right now.

-
Metus amatores matrum compescit, non clementia.


Yar by duxup (4.00 / 1) #6 Tue Feb 19, 2008 at 12:50:12 PM EST
The story reads almost like the days when it was a sellers market.  It certainly is not.
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[ Parent ]

Danger Will Robinson by anonimouse (4.00 / 3) #7 Tue Feb 19, 2008 at 12:55:40 PM EST
Mixing friends and business is bad for your wealth and sanity.

Girls come and go but a mortgage is for 25 years -- JtL


Never trust repairs to a seller by lm (4.00 / 3) #8 Tue Feb 19, 2008 at 01:02:06 PM EST
Insist on 2 estimates by contractors of your choice and the reduction of the purchase price by an appropriate amount.

There is no more degenerate kind of state than that in which the richest are supposed to be the best.
Cicero, The Republic


Repairs by Phil the Canuck (2.00 / 0) #9 Tue Feb 19, 2008 at 01:25:34 PM EST
Repairs were to be done using specific methods and products by licensed contractors on our approved list.

[ Parent ]

That sounds all well and good by lm (2.00 / 0) #12 Tue Feb 19, 2008 at 01:56:18 PM EST
But the fact remains unless you're the one paying the contractor and overseeing the work, you're essentially trusting the seller's judgment as to whether or not it was done correctly. Which is why you should always take the money and arrange to have the work done yourself.

There is no more degenerate kind of state than that in which the richest are supposed to be the best.
Cicero, The Republic
[ Parent ]

Not really by Phil the Canuck (2.00 / 0) #13 Tue Feb 19, 2008 at 02:10:49 PM EST
I would disagree given that, as an example, we specified materials for the roof and will have a transferable warranty. We didn't leave room for the sellers to skimp, and if they somehow did the result is under warranty. Certainly if we had just said "a roof installed by a licensed contractor" we would be opening ourselves up to much potential trouble.

[ Parent ]

The House - I'm going insane | 17 comments (17 topical, 0 hidden) | Trackback