Post # 1
Darling Husband and I are under contract to sell the house he purchased before we were married. It sits on 20 acres outside a major city in a rapidly developing area. A church wants to build a church and school on the land. Yeah! We negotiated the price and came down off the offer price to cut a deal.
Now, the church has hit us with a $15,000 repair request and a $10,000 roof replacement request!! Yes, the roof is old. But it is watertight, and there is no structural damage – our insurance adjuster certified this. The church also knew that the roof was old when they put their offer in. They’re requesting money for repairs for things that were PLAINLY visibile when they viewed the house (three times). Um, guys, when you place an offer, you place the offer on what you see. The inspection is there to point out anything you can’t see. We’re not replacing the flashing at $60 an hour + materials for your handyman.
Finally, during negotiation on the price, the church’s rep kept trying to get us to lower the price because they were really only interested in the land, not the house. The house was “worthless” to them. Until now, apparantly. We’ve offered $5000 for all their repairs. And that’s all they’re getting. We’re waiting to hear if they’ll accept or back out.
I’m just so frustrated. The guy is accusing us of not negotiating in good faith, when he’s trying to get us to pay for things that were clearly delineated in the disclosures.
I would never do it, but I seriously want to go to their counsel meeting and ask why they’re trying to dishonestly squeeze money out of a young couple with a baby on the way….but that’s just me being overdramatic.
Any experienced home buyers/sellers with advice?
Post # 3
@bluewolverine: Um, guys, when you place an offer, you place the offer on what you see. The inspection is there to point out anything you can’t see.
Not really true. Are you in the US? Everyone in every market expects to negotiate on everything. It is all part of the home buying/selling process, and we are still in a declining market. A lot of the repairs that people ask for aren’t for their own benefit–they could be trying to comply with what the home inspector recommended (and they will recommend repairs to every single small thing–visible or no– because if they do not, they can be held accountable) or keep in line with local guidelines for sale/occupancy permits/etc. It does not matter whether it was in the disclosure or not. The purpose of a disclosure is to cover your ass from being sued from “tricking” people into buying a lemon–not to avoid repairing what you have included therein. That said, you don’t have to repair anything. But they can walk if they aren’t satisfied with the negotiations.
As for not negotiating in good faith? Pfft! The buyers agent is trying to bully you. Ignore him.
Post # 4
Honestly, I think that the requests for repairs should have been included in the original contract that you signed with them. If they want something more than that, they are SOL because they already signed a contract to buy for a certain price.
Post # 5
@Roe: I see your point. It’s just frustrating for them to come back to us with all these requests and then accuse US of negotiating in bad faith. The guy is trying to tell us that the house is not habitable. Never mind that it is actually a VERY nice house, and there are no structural/water problems in any way.
@MrsSaltWaterTaffy: Agreed. We’re a bit worried they might walk, though, and I really don’t want to keep living in BFE. This house is kind of like an albatross around our necks right now, and we just want it gone. Darling Husband, though, is getting his pride up, and rightfully doesn’t want to give them anymore than we already have.
Post # 6
I’m afraid this isn’t unusual. We once found a house that we liked but that already had an offer. However, the sellers were getting fed up with the buyers because the buyers also asked for all possible repairs. They were really trying to milk it, as in asking for new carpet (there was nothing wrong with the carpet) and such. The sellers were getting ready to walk and our agent drafted an offer that we would submit the minute the other deal fell through.
When the sellers stopped negotiating with the buyers and just told them “no” to everything, I think the buyers realized they had an alernative offer lined up and bought the house as is.
Don’t let them bully you into paying for repairs that you don’t want to do.
Another thing; The church wants to BUILD a brand new church and school on the property? Then why do they need a new roof on the house you currently live in? Won’t they tear down the house anyway? Just say no to all their demands.
Post # 7
- Wedding: October 2011 - Bed & Breakfast
Meh… don’t take it personally. If they are acting like asshats, it’s on them, not you. Sellers are not required to repair a single thing if they don’t want to. It really comes down to how much your buyers want the property. If they want it, they will accept your $5k offer. If they think they can find a better deal elsewyhere, they will walk. Since it is an organization and not an individual I would be less inclined to give them a single repair, so I think you are being nice and playing well in the sandbox. Good luck!
Post # 8
@MrsSaltWaterTaffy: Repair request are done after the home inspection is completed, after an offer is accepted. The original contract should state each party’s obligations and possible course of action regarding any potential repairs.
It will say something like
Buyer request repair to X
Seller can repair or refuse to repair X
If seller refuses, buyer can accept the refusal and walk
accept the refusal and pay for repairs themselves
Submit a modified repair request
Negotiations do not stop in home sale when the offer is accepted. They continue until all contingincies are met (home inspection, radon inspection, appraisal inspection, etc.)
Post # 9
Did they sign the purchase and sales? Was it contingent upon any factors? Did the inspectors report say that the house needed a new roof?
In order for them to have to back out of the deal I believe that the house would have to have been misrepresented which it doesn’t sound like that is the case. People just always want everything for free. Sorry you are dealing with this, I hated the bs of buying a house so I can only imagine selling one. Hopefully you have a good realtor and real estate attorney who can handle this all for you.
Post # 10
I think your counter offer is fair. If they want to walk, then they may have to forfeit their earnest money. How much did they put in as earnest money?
Totally normal in the course of negotiations, don’t let it get to you too much. Especially in a buyer’s market (in most areas).
Post # 11
@bluewolverine: Yeah, that guy seems like a total ass. Try not to take it personally and remember that it is him, and not necessarily the buyers, that are bullying you and being this forceful. He just doesn’t sound too great at his job. Are you selling through an agent? If so, just let him or her handle this jerk by being forceful right back. Sometimes the best part of having an agent is having a sheild against asses.
Post # 12
This is the point of an inspection though? Buyers can back out for pretty much any finding on an inspection report. They also have every right to ask for repairs to be made. But that doesn’t mean you need to accept that.
When we were buying our home, the inspection uncovered some serious issues with the water heater. Any like any inspection, it also uncovered two pages worth of stuff (all minor and things we could fix over time). We asked for the sellers to fix the water heater, and they eneded up installing a new one.
Post # 13
the church’s rep kept trying to get us to lower the price because they were really only interested in the land, not the house. The house was “worthless” to them.
Now, the church has hit us with a $15,000 repair request and a $10,000 roof replacement request!!
the buyer is contradicting himself. this guy is not being honest with you and trying everything to get you to lower your price. he wouldn’t be putting in a repair request if they were only interested in the land.
i think your offer of $5000 is more than fair. don’t budge.
Post # 14
The only repair we asked for was the roof. Otherwise, everything else was fine.
Post # 15
Huh. In our neck of the woods (CA), generally things that come up in the inspection can be negotiated for the seller to fix–and roofs are one of the big ones. Although in my experience, when you purchase a house and the roof needs repairs, you have to show evidence of structural damage (ie, a leak). And generally, it’s not the whole roof that’s replaced, it’s just patched. (For my personal taste, I’m not one to get too hot and bothered for the seller to fix that much because it’s just not in their interest to do it well, no offense!)
But you did what you can do as a buyer–sent back your own terms, which is how it works. THey probably came in high knowing you would.
Home buying/selling is a PITA. But good luck on your sale–I’m sure it’ll be fine.
Post # 16
Yeah I might have stated that wrong, we did a few requests for repairs on our first house but this situation seems weird because the roof doesn’t have any current problems. It just might be near the end of its life. When we were buying, we were told to put things like that into the offer so we didn’t request thousands in repairs on something that we knew about before the inspection.