"Industry Standard" when inspecting paint?
njbuilding143
8 years ago
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Lisa G
8 years agonjbuilding143
8 years agoRelated Discussions
Difficult / Emotional Seller - inspection results
Comments (85)gweekie - Sparksal, welcome to Minnesota! (another "neighbor") I agree with you 100% with all the issues you raised. Here's to getting everything fixed, a speedy closing, immediate occupancy, and last, but not least, enjoy your new home! Thank you so much and thanks for your personal email! rose - I hear that! Selling the house has killed my back; I was glad it hasn't sold yet as moving twice would not do me any favors. They do a lot of good things with hips these days, unlike back surgeries where everyone I've spoken to that's gone in is as bad or worst. I haven't met one person that's felt better after back surgery. Hopefully once you are settled you can take care of it. I'm hoping the hip replacement fixes the problem with my back. The orthopod in Tucson, as well as my physiotherapist think that b/c my hip is so stubborn and doesn't want to rotate, that my lower spine is picking up the slack and that's why it hurts so much. I have also heard from others who had the exact same problem that their back issues completely disappeared after having the hip replacement. Glad to hear things worked out. Any clue as to why it tripped in the 1st place? I'd imagine there is too much stuff on one breaker. I imagine it was too much on the breaker. From the photos in the garage attic, the tonnes of extension cords and no junction box probably overloaded it. It's all almost over. It's been a really long few months for you, I'm sure you miss your hubby and are looking forward to spending some quality time with him in your new house. Yeah it has been a long haul and I've missed him alot. My BP has remained normal since I went on those meds. My doc in Tucson wants me to stay in them for a few months til things settle down and then get monitored to hopefully go off them once I find a doc here. kjmn - sparksals, another welcome to MN to you! I usually only lurk on these boards but I just wanted to let you know that I've never heard of a seller staying in a home after closing. It's not customary to do that here at all. Of course you would never wish the seller any ill will, you merely want to purchase what the seller has represented to you in the first place. Good luck to you and happy gardening - spring will be here before you know it!! Thanks KJ. I certainly don't wish the seller any ill will. She has just been extremely difficult and dramatic. All I wanted was to ensure that the seller has properly represented the home when the inspection determined things were not disclosed. pattycakes - I guess we can't expect everything to be all ice cream and roses, eh? Honestly, I did expect dissenting opinions, because as was stated upthread, that is the joy of a free country with freedom of expression and opinions. kgwlisa - I think you're right and the reason people may have reacted negatively to your post was because you called this seller a "dickhead" even while painting a picture of her that was sympathetic to some posters here. Fair enough. I dealt with a true dickhead seller. He used all kinds of manipulative tactics to squeeze every dime out of us that he could (in a hot market). He played mind games at every turn, "lost" the certified check earnest money (10% of the house price, certified check is not customary because it is held in escrow and will clear before anything can happen but his ambulance chaser brother lawyer insisted) that then took a month to replace while entertaining other offers even after he accepted ours and in general was a complete horror to deal with up until the final moments of closing. That sounds horrible! I hope there were no unfortunate surprises after you closed on the home. This seller isn't a dickhead. She's in a really bad spot, my guess that she didn't have the money to do the repairs is spot on and the repairs turned out to not be nearly as big a deal as you initially thought they were. As I said before, you had every right to stick to your guns, but there was no reason to be unkind toward this woman and I do believe that attitude is what some people reacted to. JMHO. I totally understand she is in a bad spot. I've been in bad spots before, even with my most recent house sale in Tucson. Prices were dropping FAST. No lookers, lots of stress anticipating showings and nothing happening. Fear of losing a boatload of money that would put us in aposition of not being able to afford another home. Fear that we'd get a difficult buyer (we were very lucky, she is very nice and loves the house). Fear that something would be discovered at inspection that we didn't know about that could kill the deal. Fear that her financing would fall through. But, with all that, I cooperated. I didn't have my realtor tell hers that I was in a tizzy and to not ask any questions. I disclosed everything honestly. I cooperated with the process and did not draw things out. I wanted my house sold in a difficult market. I do understand she's going through a difficult time, but the least she could have done was been at least a little bit cooperative. I was patient yet frustrated and came here to vent. I was worried about the HI and that the home was not honestly represented. I honestly believe my feelings have been completely justified. Luckily, it seems everything is going to work out. I have never had such a drawn out negotiation process before in my life. marieta - it certainly is stressful. I can totally relate! Good luck in your closing and your new condo! mfbenson - Okay, but that's an insult to the term "DIY". I do my own wiring when necessary and it is always at or above code. Then again, the only terms I can think of for the kind of wiring job you describe aren't politically correct. Sorry, didn't mean to insult DIY for people who are absolutely capable of doing those projects. When it comes to DIY'ers who are in over their head, like I think this previous owner was, that is what I meant. cearbhaill - What flummoxes me is than no one thought to flip the breaker on the garage electrical before everyone got all in a tizzy! That would have been almost anyone's first thought. Rose is right. I think I used the wrong terminology. It was because of the overloaded circuits/plugs in the garage attic. gweekie - Sparksals, there is really good health care in the twin cities and I encourage you to get this checked out once you move. I am having a partial joint replacement in my left hand this coming Friday - had the same procedure on my right hand in June, and it has really made a huge difference in my life! My only regret was that I didn't have it sooner. Also consider checking out the Mayo Clinic in Rochester - which is where I had my surgery. good luck with your surgery gweekie! That's next on the list once we are settled - to find a GP and then an orthopod. This is one of the pains of moving to a new city. It took me over a year to find my GP in Tucson. Hope it doesn't take that long because I don't think I can tolerate waiting another year for this surgery. kec - I've heard great things about the Mayo. I will definitely check it out. It was in the 40's last week and dipping down to -2F midweek. My poor pups are going to be freezing again. Poor things. Right now, I'm occupying myself tryign to figure out paint colours for the masterbedroom and kitchen. I was going to put new carpet in, but decided to hold off. I hoped to put it in prior to the move to make things easier, but as always with buying a house, that makes money a bit tight and with the weather, I don't want it ruined by the movers walking in and out, even if they can put down runners....See MoreBuying First Home - Inspection Follow Up Advice
Comments (12)When the inspection says the crawlspaces are not insulated properly, do they mean that the crawlspaces have vapor barriers that were not put in correctly (which, as hollysprings notes, may have caused other issues), or that they simply aren't insulated at all? The latter is super common in old houses (our 100-year-old crawlspace over dirt has no insulation or barriers, for instance, although our climate is not as cold as yours so we've had no real motivation to do it). These all sound like pretty typical old house issues to me, though. (Our house probably had 2/3 of them when we moved in!) The chimney/fireplace repointing is just something that has to be done every so often; ditto with replacing shakes, etc. Sometimes inspections will also call things that were okay when they were done but no longer accepted (e.g., our attic had loose insulation over knob-and-tube wiring, which is a big no-no today, but was permitted when it was installed by our local electric company as part of a weatherproofing program for seniors many years ago). Assuming your lender doesn't require any of this to close, I'd probably just ask for a price reduction/credit to address these--most of them aren't expensive and many can be DIYed if you feel like it. Then you can decide how/if you want to address them yourself. None of these would be dealbreakers for me, though, as an owner of a similarly old house. Good luck!...See MoreHome inspection question
Comments (47)First, someone can't claim to be an inspector and upon his word you are free of the contract. The courts have commonly upheld and stated many times that in all real estate transactions both the buyer and the seller "must act honestly, reasonably, and in good faith." They have also said that home inspections by unqualified inspectors violate the above standard of care, and are not sufficient. Now, they did not specifically say who is and is not qualified but they don't need to as they only need to apply the standard of reasonableness to it. That a reasonable person would accept the inspector as qualified. Now onto the other thing, traditionally courts have upheld that a full approval, or general inspection, clause is not sufficient in and of itself to terminate a contract. The buyer still must act honestly, reasonably, and in good faith. You can't just cancel the contract for minor repairs. Then in 2002 the courts kind of reversed that a bit in Marshall v. Bernard, which contained the language, "receipt of a report satisfactory to him, in his sole and absolute discretion." The courts basically said the language so plainly gave the discretion to the buyer that they upheld it. However, since Marshall v. Bernard two things have happened, (1) sole and absolute discretion has been stricken from most contracts because of the subjectivity. (2) The courts have now defined this as the minimum standard. In other words to really cancel the contract while not acting in good faith you must have those words or very similar words in your contract. Here is a general inspection clause I pulled off realtytimes This contract is contingent upon the buyer having the right to engage a professional inspector to determine the structure and condition of the house. The inspection shall be conducted and the contingency concluded within five working days from the date of acceptance of this contract. The inspection report must be satisfactory to purchaser, or all deposit monies will be immediately refunded and all contract obligations considered null and void. Notice it doesn't contain any words like "sole and absolute" that are necessary to cancel the contract at will. The buyer in this case will still be subject to a reasonableness test, and must be acting in good faith. Because of these things and other problems with general inspection clauses they are being replaced with a repair limit clause. The repair limit has no subjectivity to it, once your repairs hit a specified amount then the buyer can decline. Since almost any home repair will easily exceed $500 to $1,000 they actually afford the buyer more protection. Not to mention the added bonus of forcing repairs. The problem with a general inspection clause is what happens if your $600 of inspections return $700 of repairs and the seller says no? You are so vested in the house are you going to walk away? Edit: The reason that buyers can cancel the contract at will is simply because the sellers let them. And usually they should, I don't think it is very decent to make someone buy a house they don't want, however, I don't think the sellers are always undamaged in the exchange. But many of the things that people take as their right are realistically just a testament to the goodwill and decency of others....See MoreIndustry standard for on-site finishing of white oak hardwood floor?
Comments (9)This floor was put in by an actual flooring company. It is the company that is contracted with this GC to do all his flooring. When He told me that I should use them because I'd get the best price, yada, yada, yada, he also said because "their installer/finishers were second to none". Now I want to ask if he knows this from his experience with them or because they told him that their installers/finishers were second to none! I was billed for "dustless" sanding & the GC has said the word dustless but neither the GC or the flooring company approached us to discuss how actually dusty the dustless is. I'm beginning to understand that you can ask as many questions as you want but if you don't ask the right questions, because of your lack of knowledge you won't end up with the information you need. Am I understanding both of you all's recommended course of action? I insist they go back and sand the floors-back to no stain? I do not ask the holes to be puttied except maybe the one in the photo below or similar, this one being dime size? I feel like this knot will lift out eventually. Then I make sure to start they are sanded properly, then stained, sealed or sealed, stained? Then poly'ed with sanding between coats. Total 3 coats. The boards with the deep gauges? The first pic really is quite deep & in a spot that will not be covered with a rug. It would be very difficult for sanding to get rid of the 2 places in the wood in the first 2 photos. Do I insist they be replaced? When you say problems with the short ends do you mean the cracks that show opening up from the show ends? Is the area in the center of the last photo lippage? The 1/2" linear sort of dome-shaped rise in the wood? As far as the humidity ect. We had small leaf acacia engineered hardwood installed in the bonus room last month by same flooring company. When the wood was delivered they did not want to bring it upstairs. I told them it was to be installed upstairs & delivering the wood early so it could acclimate make zero sense if it was not put in the room where it was to be installed. The wood was vertical stacked & left downstairs in unopened boxes. I emailed the owner/acts as install supervisor to voice my concerns about lack of proper acclimation ect. He said we would check the meter readings together before the install, although he did snidely ask me if I had a meter. Anyway, morning of readings were fine, inline with what I had researched as well as what he told me. The downstairs wood acclimated for at least 3 weeks, was not in boxes but was vertical stacked. We heated & cooled downstairs as normal during this time. Nobody offered to share any meter readings the morning of this install & I missed the owner when he was here at the start before he left. Sophie, do you still feel the issues here are from possible humidity/moisture or more likely poor preparation (sanding) & lack of dust control/cleanup before applying the poly finish? You know if you "dustless" sand & leave all the dust on the walls next to the floor being finished, pretty unrealistic to not think it 's going to float down onto the floor all day. Thank you so much for your input Cancork Floors & Sophie....See MoreUser
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