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juju22244

Buyer repair request

juju222
16 years ago

House is in escrow and instead of having a professional home inspector, the buyer came out with her agent and did an "inspection."

They returned a repair request with 3 items: one was they requested electric smoke alarms in kitchen and LR in addition to sleeping areas (code only requires battery-operated alarms in sleeping areas). Second, they wanted all the window screens with holes in them to be replaced (there were 7, which we did).

Third, they asked for new carpet in all 3 bedrooms (the only rooms that have carpet) due to the fact that buyer is pregnant and has a doctor-verified "severe reaction" to pets (we have cats). What I don't get it this: she was obviously pregnant when they bought the house so that hasn't changed. The reaction? Well, it is weird to say the least, as she was aware of the cats before she made the offer.

What do you all think? (I think it is laughable...and a good professional shampoo should do the job, but I don't want a lawsuit either).

Comments (56)

  • kathyg_in_mi
    16 years ago

    Okay, I'm allergic to cats. If I go into a house with cats, within 20 minutes I can't breathe, my eyes itch like crazy, nose drips and I start sneezing, continuously for at least an hour after I have left the home. And then, for the next week I feel like crap. I understand the buyers concerns.
    What about offering to remove carpets when you leave and give a "reasonable (read small)" carpet allowance?
    As for the smoke alarm, that is ridiculous, my hall way alarm goes off when I cook on occassion. sp?. (or maybe I just cook occassionally)sp?
    Anyway, cats can be a major problem for many, so don't you all pooh pooh her concerns.
    But I do hope you get a quick sale.
    Kathy G in MI

  • cordovamom
    16 years ago

    I've never had an inspector site carpets as an item needing repair or replacing. I don't think they cover cosmetic changes such as carpet, tile, countertops, cabinets, paint etc. To me the buyer is trying to renegotiate the price after the fact. The screens are a valid complaint and depending on fire codes the smoke detectors may be a valid complaint, whether a professional did the inspection or not they should be up to current code.

    I think I'd go back to the buyer and say cosmetic things like carpet won't be fixedbut it will be deep cleaned by a professional, the smoke detectors will be brought up to current fire code and you'll fix the screens and that's it.

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  • jperiod
    16 years ago

    I'm all for being polite to people with allergies. But these are special needs and personal preferences in my eyes, and one a buyer should take into consideration PRIOR to buying or offering on a property with animals.

    It's like my detest of carpet in general. This is not the seller's problem that I happen to like the rest of their house but loathe their taste in floor coverings. I just offer accordingly to allow me to replace it all. Whether the seller agrees or not is another thing. It's all numbers. If she wanted new carpet, she should have offered $485 so she could still afford to get it done after she closed. Stupid buyer, or she smells a desperate seller and is trying to get something for free.

    Like others suggested, I would offer to remove it all upon closing, and she can purchase her own $!*# carpet!

  • dragonfly_
    16 years ago

    We had a list of changes after the inspection the buyers wanted. Their list price was half the price of what they wanted from us. Some of the things they requested were upgrades they can do in the future. We decided on a flat dollar amount to be given to them at closing. they can make the changes they want with it.
    Good Luck

  • olga_d
    16 years ago

    As much as I sympathize with allergy concerns, I think she should have been able to know that this was an issue as soon as she walked into the house, and adjust the offer accordingly. And as already mentioned, replacing the carpets BEFORE the cats move out of the house doesn't resolve the allergy problem!

    Hope you can find a satisfactory resolution to the problem. I'd be a little PO'd if it was me.

  • sweet_tea
    16 years ago

    Please tell us what the contract wording is regarding the inspection. This is VERY important.

  • theroselvr
    16 years ago

    Question, do they still have time to have a real inspection done? If so what would it turn up? Is it easier to give into these laughable demands then to give them reason to try to get out of it with a real inspection?

  • goldeneyedaisy
    16 years ago

    First of all, let me clarify something about the pregnant buyer: I don't think she has allergic reaction to cats, she probably just found out about toxoplasmosis. I'll try to explain for all those who don't know what it is. Most cats become infected through eating creatures that contain dormant toxoplasma cysts and most other animals become infected by ingesting prey animals or material contaminated with cat feces. In a few cases infection is passed from animal to animal and cat to cat through the womb. It is very rare that human become infected, but if they do it may create some problems especially for those with weak immune system. Pregnant women should be aware of this simply because once they get infected it affects the baby as well and we all know that their immune system is not ready to fight such infections.

    This is not very common condition and the buyer should have thought of that prior to making an offer. It almost looks like they want to make YOU responsible for protecting her (well, that's their job). You SHOULD ask her for a letter from her doctor just to see what she says. Even if she has one, it should not affect the sale in any way.

    I don't know what the code says about the fire alarm in your area, but I think it is kind of silly to have it in almost every room (kitchen especially)

    Olga d: I think they already reflected all that in their offer. They are just trying to get as much as possible for free.

    I hope you find a good solution.

  • cindyb_va
    16 years ago

    The only thing on their list that was a legitimate repair were the holey window screens. The other requests are additions or enhancements to the existing property and are not repairs.

    Since you fixed the screens, I don't think your buyer has a legitimate reason to walk, or even to demand cash allowances for these things. And I agree that she is being unreasonable.

    On the other hand, in today's market, is it really worth the risk?

  • sylviatexas1
    16 years ago

    This isn't intended to be legal advice or guaranteed-correct-in-your-state information, but I've been a broker for a number of years, & here's what I know or at least what I think I know (can you tell I've been on the phone with attorneys all morning?):

    In Texas, a buyer can terminate the contract *for any reason or for no reason at all* during the option period.

    If the buyer says he/she/they will waive their termination option if the seller does x, y, & z, the ball is in the seller's court.

    Seller can agree/accept, counter, or refuse.

    Seller cannot terminate the contract:
    If seller counters or refuses, buyer can terminate the contract, make another counter, or waive the option.

  • susana_2006
    16 years ago

    Having just been through all this -- I think it all depends upon who has the upper hand -- the buyer or seller (which is determined by the local market).

    If you're situation is like the one I just encountered, then you, the seller, can do all the repairs, do none, or suggest an alternate resolution.

    If you do not agree to do the repairs asked for, the buyer may terminate the contract. Whether the buyer will or will not terminate is the big question. If you don't want to do these things and have a list of back up buyers, that's one thing.
    If you really want to transaction to close with this buyer, then I'd agree.
    Or maybe try to re-negotiate.
    In my case, I was the buyer in a really local "seller's market". I asked for a small amount of corrections, based upon a professional inspection report. The seller refused anything. I would have loved to terminate the contract, but the other family members were absolutely in love with the property, so we proceeded, but it doesn't feel good to eat crow.
    Good luck
    Susan

  • solie
    16 years ago

    The buyer's medical concerns, whatever they are, are not your problem. I don't blame them for wanting new carpet, but they are effectively saying that they are entitled to it because of her allergies. The fact that they seem to think this is a big red flag. Not having a real inspection is another.

    I would not spend any money to please these people. The odds of them walking may be high. Whether or not it's worth it to offer a carpet allowance is up to you. You should talk to your lawyer because it doesn't sound like there is a good agent involved in this deal.

  • juju222
    Original Author
    16 years ago

    Hey, you guys are great! What a wonderful forum.

    I was feeling trod-upon, to put it nicely, but I feel I have a support system here. So far I have gotten the feeling that our realtor keeps asking us to flatten out more and become a bigger, better doormat @#(*&. Don't get me started on that one!

    To answer some of the questions that have come up:
    * They did "waive" the professional home inspection. This is the 18th day of escrow and they signed it yesterday.
    * I just called our agent's office and asked them to talk to the buyer's agent and see how it would go over if we simply remove the carpet. I think that is a brilliant idea!!! (thanks limoncello and juliebatt)
    * Local code requires battery-operated smoke alarms in the sleeping areas only. (yeh, why *would* you want one in the kitchen??) We did put them up in the sleeping areas as required, and maybe we will leave them a cheap 2-pack to put up wherever they want, like maybe over the fireplace mantel LOL)
    *Thank you for agreeing that her "problem" is not my problem. Having said that, I am not insensitive to people's allergies, it's just the timing of her request that p***es me off! (yes, cordovamom...trying to renegotiate the price after the fact!) I am up on toxoplasmosis too (have worked in the quasi-health field and plug my nose every time I go near the litter box, just in case!) But the repair request said she has a "severe reaction" to pet stuff.
    *We are not "desperate" sellers but we ARE motivated teehee. Well, maybe we are desperate. There is a divorce and an out-of-state move in the picture.
    * The market here (socal) pretty much belongs to the buyer. That said, she IS pregnant and is gonna pop pretty soon so I don't think they want to start looking all over again.
    Thanks again for all the input!

  • sweet_tea
    16 years ago

    Again: What does the CONTRACT say about inspections

    if they waived the professional inspection, then you simply ignore their request.

    Is there anything in the contract that says non-professionals can inspect?

    I think you could be in a pickle if you remove the carpet and then they can't close at the last minute. Then you are stuck having to buy new carpet.

    Does the contract have a period where they could change their mind, regardless of the reason?

    Please give the specifics of the contract regarding this and the inspection.

  • terrig_2007
    16 years ago

    All this is stuff the buyer should have noted BEFORE she made an offer, not after. She should have factored it all into her offer price. I agree with Sweet Tea--what does the contract say? The contract has the final say here, not the realtor, the buyer, or the seller. BUT, on the other hand, this is an ugly, difficult market. You will have to bend over backward and then bend again (and again) if you want to sell your house. Fix the screens. Bring the alarms up to code. Give her a carpet allowance. My husband and I sold two houses earlier this year. We had to give, give, give, and it hurt, but the houses are sold and we have moved on with our lives. I never want to sell another house again. It's 100 times more painful than buying. Good luck!

  • bustergordon
    16 years ago

    Juju, where in socal are you? As far as I'm aware, in CA if the buyer has waived the formal inspection, she can't walk over any of these items. It's interesting, because where I am (Los Angeles) is still a seller's market, and we found ourselves under pressure to waive the inspection. I wonder if some people are "waiving" inspection to get the offer accepted and then are weaseling their way back in to an inspection this way.

  • juju222
    Original Author
    16 years ago

    Sweet tea and terrig - I don't have the contract in front of me, so can't say exactly how it is spelled out. Good point about getting stuck without a carpet...hmmm

    bustergordon - I am in Downey...I had never heard of people foregoing the formal, professional inspection for what amounts to a walk-through, but then this is the first time we sold a house! The buyer's agent told our agent they were doing this, then did the inspection and just signed off on the waiver.

  • terezosa / terriks
    16 years ago

    There should also be a time period in which the inspection and any repair requests must be made. It is usually within about 10 days after the contract is signed - and you are already 18 days past signing. Your agent should point that out to the buyer's agent, and perhaps the agent's broker.

  • theroselvr
    16 years ago

    I found a few links for you so that you can read a little about your market. I've been following CA, parts of it are looking really bad.

    Downey CA - real estate snap shot on yahoo real estate - click the red search button, will show 461 foreclosures, change it to for sale 633 listings, with 25 new homes.

    Downey CA on Truela

    All this is stuff the buyer should have noted BEFORE she made an offer, not after. She should have factored it all into her offer price. I agree with Sweet Tea--what does the contract say? The contract has the final say here, not the realtor, the buyer, or the seller. BUT, on the other hand, this is an ugly, difficult market. You will have to bend over backward and then bend again (and again) if you want to sell your house. Fix the screens. Bring the alarms up to code. Give her a carpet allowance. My husband and I sold two houses earlier this year. We had to give, give, give, and it hurt, but the houses are sold and we have moved on with our lives. I never want to sell another house again. It's 100 times more painful than buying. Good luck!

    Terrig, I'm reading posts about how buyers are walking away from deposits in some states due to better deals coming up right before close. I'm stressing out for when it's our turn, wondering what a buyer can think to squeeze out of us. They know what the news is saying and IMO are trying to milk sellers for all they can.

    I don't have the contract in front of me, so can't say exactly how it is spelled out.

    Sellers have a lot to think about when having to deal with these buyers. Spending the money to have the contract read looks like money well spent, and who knows, having it done in this case very well could turn up that the buyer can't walk if the seller doesn't cave. I would also want to know if I had to give my agent his commission if this deal fell through or if they got compensated in some way.

    I would spend the money to have ours read if it was me in these shoes unless what they wanted wasn't nearly as much as wasting time trying to relist the house & find another buyer. In most markets housing is dropping, it may be easier & cheaper to give in.

    I really think it sucks what these buyers are doing. They knew when they bid what the house looked like. How convenient to wait until the last minute.

    Kharma will get them in the end.

    Here is a link that might be useful: Market Conditions Summary for Downey, California

  • Brewbeer
    16 years ago

    String the buyer out by not clearly communicating with them. This might get you beyond the inspection period. Time is not on the buyer's side, either.

    If they get squirrily, I would be inclide to offer a thousand or two at closing so they can "fix" whatever themselves.

  • mfbenson
    16 years ago

    The carpet thing doesn't really make sense unless her reaction is more towards cat pee/poop than to fur or dander (the usual allergens). If its a fur or dander issue and if her allergies are really that bad she's going to need to have the HVAC system totally cleaned and especially all the ductwork. Since she didn't mention the ductwork, I'd bet its just that she's worried about toxoplasmosis. Taking it down to the subfloor should alleviate allergic/toxic concerns, however, the subfloor obviously won't be as attrative to a buyer as a nice laminate or ceramic or what-have-you...

    There is a type of smoke detector that is advertised as being able to tell the difference between cooking smoke and a house fire - since my smoke detector is just outside the kitchen and I was getting lots of false alarms (trying to fry with olive oil - its healthy but sure has its downsides) so I bought one and while I can agree the false alarms happen only half as often, they still happen. The technology is a step in the right direction but its not ready for primetime just yet.

    I kept my old smoke detector and put it up in my garage of all places - not because anyone sleeps in the garage of course, but because I've read that a disproportionately high number of fires start in the garage so I want as early a warning as I can get. Why wait for the smoke to make it all the way to my bedroom?

  • calliope
    16 years ago

    Remember on another thread about disconnecting the emotions when selling or buying homes? Yes, it's a good possibility that these issues are a negotiating ploy, and those things should have been brought up when negotiating a price, but really I'd say that's getting off relatively easy compared to what a professional home inspection can dredge up. By declining one, perhaps she feels that these requests pay her back.

    I agree that all of those issues should have been raised when the price was negotiated, and I also agree that specific health issues do not in any way obligate you to make the home "handicap accessed" like you were a public building. The screen issue? Those should have been fixed before the home even went up for sale. She shouldn't have even had to ask.

    If your smoke alarm system is up to code then really, anything more than that are just out and out upgrades. Even hard-wired alarms should have a battery back-up because the electrical service to a burning home can be interrupted. At the end of the day, it may be a few cheap batteries who save your life anyway. I'd hesitate on that one.

    As for the carpeting. That's where I think people should fight the urge to feel they're being taken. In a 400K house, I wouldn't think twice about replacing those dudes to make a sale go through. I replaced my carpets in the house I'm putting up for sale just on general principles. I did it to make a sale happen. I'm still waiting. I'd prolly rip them out and do it again if that was all a prospective buyer were holding out for.

  • akkw
    16 years ago

    Allergic to cats here. I'd know it upon entering/viewing a house (anyone allergic to cats will know it).

    But YOU (seller) need a clue about allergies. It's not about cats peeing on carpeting. It's way more complicated than that. Cats in the house will give allergens, no matter what you do, and you can't get rid of them. If you don't have allergies yourself, I'd not expect you to understand it.

  • reeree_natural
    16 years ago

    juju
    first of all..I find their request out of line! We are on our second home..if we did not like what the owner had, WE replaced it.. Offer to take it out..let them put their own carpet in..that wouldn't fly where we live! When we moved in our second house..we ripped out all the bedroom carpets and had all the floors sanded and poly'd.. because we didn't want them, that was our problem..not theirs.. what does your attorney advise? If you are not in a rush..I would tell them to look else where. Ree

  • brickeyee
    16 years ago

    "But YOU (seller) need a clue about allergies. "

    No, the buyer needs a clue about purchasing a house that is not new construction.

  • dreamgarden
    16 years ago

    "we were going to go with a carpet allowance if it comes to that...there's no point putting in carpet if the cats are still here, right?? Then they might accidentally *go* on it, LOL."

    Yes, they might go on the carpet while you are still there.

    As a buyer, I think twice about looking at houses with cats. I've known friends who had to have carpets and baseboards replaced because their cats sprayed everywhere and anywhere. I don't dislike cats, but if I were selling, I'd board them or keep them elsewhere when buyers come by.

    If this were me, I'd bite the bullet and give the carpet allowance and be glad the buyer isn't asking to have the roof replaced....

  • susana_2006
    16 years ago

    I sold my mother's house in Norwalk CA -- near Downey. Two escrows fell through & the buyer was given the earnest money back. I was told that in Calif. that is almost always the case, if the buyer backs out.

    So, no matter who should have done what when, I think that it boils down to whether you want to make it likely (and giving in is no certainty, unfortunately) that the house closes.

    And no one has been a bigger doormat that I have in the past week, & I know very well how bad that feels.

    Also about unusual requests following inspection -- I was under contract for a house & apartment -- I actually wanted it all for my family. There was a tenant (paying very little) who was renting month to month. During the inspection, I saw the tenant, her health condition & I realized I needed to contact an attorney. He confirmed my fears that because she was elderly, not healthy, and probably quite poor, that I would probably find it to be expensive and stressful to try to get her to move (so that my family could use the space). The lawyer said to have it written on the inspection report that due to buyer's need for living space, that the seller must vacate the apartment prior to closing. The realtor said that he had never ever heard of doing this on an inspection repair request. But he did as instructed.
    The deal fell through -- I think that the seller was trying to get out from under this difficult tenant situation.
    Good luck
    Susan

  • mmelko
    16 years ago

    As those who are allergic to cats say, there's more to it than just replacing carpet. The allergens are going to be in the air ducts and everywhere else you can't see. The request to replace the carpets before closing (i.e. while the cats are still there) is not about a true allergy as it is about getting new carpeting.

    It's easy to say, replace the carpeting, but we don't know how much she is talking about. It could be a few hundred, a couple thousand to several, several thousands of dollars. That cost should have been negotiated in the original contract price.

    OTOH - the housing market is tanking - and despite this late request, she doesn't want to lose the sale - sadly she is going to probably have to come up with some compromise and all that makes for a bitter closing day. Hopefully they can meet a middle ground.

    MP

  • juju222
    Original Author
    16 years ago

    Re: the cat allergy. I guess I forgot to point out that, if we replace the carpet and the cats are still in the house, we are back to square one as far as dander etc. are concerned. So it didn't make sense to do that. Yes, I am aware of the dander, etc. Hopefully she doesn't read this forum and now asks us to clean the air ducts! (My sister is highly allergic to cats, so I am kind of familiar with the problem.)

    RE: cost of carpet. We got a low bid for $1000 - we are not going to fund berber carpet.

    Re: earnest money back? That stinks, susanna. Then what's the point?

    reeree, we don't have attorneys doing the job in California, only the realtor. And she/he has not given us much guidance whatsoever. Yesterday I talked to her and she contacted the buyer's agent to "see" what her clients would think about us ripping out the carpet, so I am waiting on the results of that call. I am hopeful that there is some negotiation here.

    Apparently they removed the inspection contingency yesterday. (Although my agent cannot give me an understandable explanation as to what that means.) Unfortunately, part of my problem is that our agent talks in a vague manner which does not do much to clear up my questions.

  • talley_sue_nyc
    16 years ago

    I think I'd be asking to confer w/ the agent's broker by now. Just for some "expert help" since you're having unusual requests.

  • terezosa / terriks
    16 years ago

    Probably the best thing to do to get this deal closed is to buy a 2 pack of smoke detectors, fix the screens and offer a $1000 carpet allowance. Even though I don't believe that the buyers have a right to ask for anything, since they waived inspection, in this market a bird in the hand...

  • reeree_natural
    16 years ago

    juju
    I sympathize with you..I think it is some nerve! I would just offer to remove the carpet, tell them you will do it right before you move and will not let the cats back in there.(or) maybe just offer a good professional cleaning to get them started and they can replace the carpet themselves. Another thing is, wash down your walls, windows, window treatments, bedding..get the carpet cleaned and don't allow the cats to go back in there..let her agent come see how all the cat dander was "removed"..maybe that will make them happy and will eliminate the entire problem... another..you do not have real estate attorney's? who does the closings? just bank people? I live in NY and we have to have a real estate attorney right from the beginning..they first go over the contracts (actually, they are the ones who draws them up) and makes sure everything is in order..if there is problems that either attorney does not agree with for their client, the two attorneys settle it..this all takes place before the closing...

    When we bought this house, it was "for sale by owner" so there wasn't an agent..but we both had attorneys.. so everything went smooth in that aspect. Well..my fingers are crossed you find a happy medium, selling/buying is stressful enough with out the minor BS added to it. Keep me posted..best of luck to you! Ree

  • talley_sue_nyc
    16 years ago

    You know what?

    I think I'd be tempted to put IN those smoke detectors they want, especially one in the kitchen.

  • limoncello
    16 years ago

    Wouldn't that look great -- the biggest battery-operated smoke detector you can find right over the fireplace, and one above the range ;-). And as a welcome gift, install fire extinguishers right beside the smoke detectors. You're so thoughtful to be concerned about the safety of their baby.

  • susana_2006
    16 years ago

    Juju:
    Thanks so much for opening this topic for discussion. -- It has helped me to know that I'm not the only one who resents like heck the fact that I caved in every aspect of negotiation (as advised by my realtor). I know that it is just business, but I think that I'd be feeling a lot better right now if I had just let the transaction fall through & fired my realtor and started over. I'm the buyer so I should have had a lot more leeway.
    But after a long search, we found the right type of house in the richt location (and there were no others meeting all our needs) -- so my realtor advised me to go along with everything the seller dictated. I own the house, but feel really beat up about it.
    Good luck
    Susan

  • patty_cakes
    16 years ago

    WHY would a person make an offer on a home, knowing from the second she walked into the home there *are* cats? I have a friend who feels the initial effects immediately, and after 20 minutes, needs to leave. I would bet money that having 'animal allergies' is not an accetable, legal reason for replacing carpeting. This is a condition within the person, and has nothing to do with the carpeting itself. In no way are you at fault for her alleric reaction, therefore, you shlould not feel forced to have new carpeting installed. Have it professionally cleaned, and let it go at that. Besides, it's NOT just in the carpeting, it's in any drapery treatments, and also in the atmosphere of the house itself.

  • juju222
    Original Author
    16 years ago

    BREAKING NEWS! My realtor called and the buyers agreed to have the carpets professionally shampooed instead of ripped out/replaced!! Yea! I guess they came to their senses -- maybe it was all the vibes coming from this forum that did it.

    The fact that they didn't ask for duct cleaning, blinds cleaning etc. does lead me to believe that the allergy thing was a bunch of hooey and they just wanted to see what they could cheat, er, talk us out of. I'm just glad that part is over!

    I am disappointed in our realtor for not even coming up with ANY of these alternative negotiation points --their line was always, "well, you know how this market is..." and "better give them what they want so you don't lose the deal" or yes, susanna, cave in to them. If it were up to our agent, we would have put in electric smoke alarms too! I don't get it. It almost seems they (our agent) were more afraid of losing the deal than we were - you'd think they could at least have felt the other party out to see if they would negotiate...but that didn't happen until WE brought it up and offered some alternatives, including, "what if we just blow off the whole carpet thing?"

    Well, anyway, now that I've blown off steam, I feel a whole lot better. This whole business of just automatically agreeing to all their demands without even finding out if there is any "wiggle room" seems ridiculous!

    reeree, in California, the agents handle the negotiations and contracts and then a neutral third party (escrow) holds the funds, etc. The demand for the seller's note, the funding of the buyer's note, etc. all are handled by the escrow company.

  • talley_sue_nyc
    16 years ago

    I think I'd mention this to the broker--isn't a broker supposed to negotiate for you? Otherwise, all they do it advertise, esp. in a market where the buyer's broker does the actual showing.

  • reeree_natural
    16 years ago

    JuJu
    Congrats!!! You must be soooo relieved! I am thrilled that it is all you have to do! I was truly upset for you..as you know I wasn't in agreement for their request at all...

    As talley sue has mentioned, the agent is suppose to be working for YOU. Unless they had a buyers broker, on that note, she works for the buyers. Make sure you are in LOVE with your next house so you don't have to do this again..lol We are on our second house, I swore I would never do it again..but after 6 years, the pain of it all is slowly getting behind me... but I am sure thinking about it..lol!
    sleep easy now!
    Ree

  • brickeyee
    16 years ago

    I understand that you had to try and keep this purchaser.
    I have blown off purchasers who tried stuff like this just to get rid of them.
    It cost some extra time, but I still never came out with less money.

    "I live in NY and we have to have a real estate attorney right from the beginning..they first go over the contracts (actually, they are the ones who draws them up) and makes sure everything is in order..if there is problems that either attorney does not agree with for their client, the two attorneys settle it..this all takes place before the closing..."

    This is known as the 'attorney subsidy and benefit act'.
    In most places RE agents negotiate contracts using standard forms that are marked up.
    The NY attorneys get paid a lot of money to search through 'Poor's Standard Forms' and print out a contract (or just start with the last one they wrote).
    The RE agents do so little work for their cut it is ridiculous.

  • juju222
    Original Author
    16 years ago

    ah...the broker...well, yes, I *thought* the realtor was supposed to be working for us! The buyers have their agent and the sellers have theirs (typically in CA, unless of course, the seller's agent also gets the buyer, then he represents both, which is not so good). As it turns out, much of the hand-wringing was for nothing and was aggravated by our realtor seeming to be incapable of making any overtures for negotiations.

    When we bought the house 4 years ago, we had the most wonderful agent who was always on the phone with us, informing us of everything, and overall was just fantastic. I didn't realize how lazy some of them could be (major eye-opener here). btw, we would've used the same agent we had when we bought, but he moved out of state. The agent we have now, if we want to know what is going on, we have to call them. I wonder why we even pay them - could've done it easier ourselves I think.

    talley sue and reeree, thank you for your support. When this is over (read closed), we are going to have a sit-down with our broker and do some major complaining. It's a wonder they stay in business the way they operate. It IS a major relief! I think I need a massage!

  • annie1956
    16 years ago

    just in case they change their mind abou the carpets and you "think" about ripping them out. I don't this point has been brought up - check and see if a CO is needed on the property before the new owners can occupy and if there is only a subfloor down many towns will not accept that as a finished floor and you WILL need to put down carpet, hence it will delay settlement. Not good.

  • theroselvr
    16 years ago

    Juju, glad it worked out. I've been reading so many stories of closings gone bad that if it were us, depending on the situation & my agent, I might just give in. It depends on how much giving in would cost. If it's a small amount of money, it's worth it to us to get the house sold if that's what it took.

  • brickeyee
    16 years ago

    "check and see if a CO is needed on the property before the new owners can occupy "

    Only a few places re-issue COs upon sale.
    It is mostly a way to try and boost the tax roles and make work.
    It also gives the AHJ another shot to inspect and require upgrades.

  • annie1956
    16 years ago

    Just don't want someone to be blind-sided. (Doesn't seem like her realtor has been that helpful).

  • newgardenelf
    16 years ago

    I don't know where you are but in my market--it's a buyers market and if they want you to replace brand new carpet because they don't like the color you might very well have to do it! I've been a Realtor for 10 years- I sold my own home last year and got an offer subject to removing an island and retiling a floor we just tiled. We said No- that's brand new- they walked! and bought another home the next day.

    We just sold a condo where the buyers asked for the sellers to remove border and repaint the master bedroom because they didn't like the border. The sellers had already moved into their new house so they did it.

    We had a buyer who brought his father to a building inspection who brought a list of CURRENT codes to a 1950's house, made a list of CURRENT codes (in our area all smoke detectors must be hardwired with battery backup), and negotiated a nice chunk of change to make the changes.

    I sold an investment property to one of my friends for less than I wanted and after her building inspection (done by her father- a builder) I paid to line the chimney...WHY? I was one of the three 2-4 units to sell all year and there are currently 51 on the market. I had to bite my tongue but I loved cashing the check.

    Plus first time homebuyers and pregnant ladies are nervous anyway....I'ld give her some money toward the carpet and call it a day. I'm asthmatic and allergic to cats and a good shampoo doesn't get it done but personally I would have just done it myself.

  • juju222
    Original Author
    16 years ago

    newgardenelf -- sorry you had to give up what you did! My issue was that this request to replace the carpets came halfway through escrow, was not part of their initial offer and was not based on any defect of the carpet but was due to their oversight to include it in their initial offer. But hey, all's well that ends well...

  • dixiedix
    16 years ago

    Sorry to jump in so late, and am glad to hear the situation is resolved :) I wanted to post my remarks re the cat allergy. My son has severe allergies and according to his allergist, it takes about 2 years for all cat allergens to dissipate from a residence once the cat or cats have been removed - he's not allergic to cat hair, but the urine, saliva and dead skin cells. Evidently the skin cells adhere to every surface, including walls. Re the toxoplasmosis: I thought pregnant women could be around cats, just shouldn't clean a cat box.

  • fairygirl43
    16 years ago

    Congratulations on coming to an agreement, juju! Our first set of realtors was like that as well - anything to get the deal and not necessarily what was in our best interests. In fact, we finally agreed to have our carpet replaced (long story - house had been on the market for 6 months with one failed buyer at the time) right before their contract ended. Amazingly, we had a buyer 2 days before our REAs contract ended. Both DH and I think that they may have had this buyer already and worked out a "deal" so that we replaced the carpet before an offer came in. Can't prove it, it's just a gut feeling. Doesn't matter though because that buyer failed as well and we did not re-list.

    Our new REA is awesome! He is totally on top of things and now with our 3rd (and hopefully successful) buyers, he's really looked out for our best interests. We're scheduled to close on Oct. 30th and have made it through the discovery phase, and everyone has signed off on the inspections and repair requests. Our REA even used the washer/dryer we left there as a means of compromise for the repair requests (they wanted 5 things done, we agreed to 4 and threw in the w/d - even though they're already there and we've moved out of state and had no intentions of getting rid of the w/d but they forgot to include them in the original contract). Makes a HUGE difference when you have a great REA!

  • merj
    16 years ago

    Juju, I'm glad you came to a good conclusion. Have they signed off on the repairs you have agreed to yet? If not, wait till they do before you do anything. When is closing?

    Personally, I think you got off easy, in that your buyers are being cheap and not hiring someone, who knows supposedly what they are doing, to nit-pick through the house. I just had buyers from hades that had a "professional" inspection, and came back with a list of 43 things they wanted repaired. It was mostly stuff like run a new bead of caulk between the bathroom floor trim and the floor, and stuff like that. But they went so far as to want all of the light bulbs and batteries changed out. Funny thing is that this so-called professional missed several bigger things that I was expecting him to list.

    The morning of closing, my Realtor called from the house at 7AM, and said that the buyers wanted me to dig up the hedges and gutter drainage at the front of the house and redo it. Um...NO!

    One thing that helped in me not having to do all of these silly repairs they had listed is something that my broker pulled out of the NAR sales contract. Inspection report repairs are only necessary if they are "in need of immediate repair". If something still has serviceable life, and is up to code, you are not required to fix it, per the contract.

    Having said that, it all depends on how much you want that house sold. Mine was an investment property, and I was ready to move on to the next one. So I did a lot of this little stuff they wanted done.

    Good luck on the closing.