Real estate problem ...

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Belly35's avatar

Belly35

Elderly Intellectual

9,716 posts
Apr 22, 2014 4:44 PM
Daughter buying a foreclosure house. Offer made and offer excepted.
During the process of getting property inspection require by the bank the front door lock box was broken into and the house copper pipes and furnace was ripped out of the home. At the time break in the listing real estate and the bank where still responsible for the security of the property.
My daughter has been told via the bank and listing real estate that they are not responsible for the damage and that my daughter can still purchase the house but as it is now, not as the time of the signing of and agreed to contracts condition of the house.

This damage is not the buyer responsibility to repair this is the realtor and bank problem to repair?

lawyer have at it".......
Apr 22, 2014 4:44pm
M

MontyBrunswick

Apr 22, 2014 4:48 PM
Belly35;1608032 wrote: This damage is not the buyer responsibility to repair this is the realtor and bank problem to repair?
You answered your own "question" earlier in the post.
Belly35;1608032 wrote: At the time break in the listing real estate and the bank where still responsible for the security of the property.
I say "question" because it's not coherent, but it does end with a question mark.

Hope this helps.
Apr 22, 2014 4:48pm
T

thavoice

Senior Member

14,376 posts
Apr 22, 2014 4:48 PM
She should just become part of sleeper's harem and he can take care of it.
Apr 22, 2014 4:48pm
S

Sonofanump

Apr 22, 2014 5:56 PM
I don't see how she can be held to the contract since the condition changed. She should be able to back out of it, unless the deal is too good to pass up. This should fall under the bank's insurance policy.
Apr 22, 2014 5:56pm
Pick6's avatar

Pick6

A USA American

14,946 posts
Apr 22, 2014 6:30 PM
sounds like she was planning to move into a lovely neighborhood!
Apr 22, 2014 6:30pm
wildcats20's avatar

wildcats20

In ROY I Trust!!

27,794 posts
Apr 22, 2014 6:32 PM
Call an attorney, not the OC.
Apr 22, 2014 6:32pm
justincredible's avatar

justincredible

Nick Mangold

32,056 posts
Apr 22, 2014 8:54 PM
Something, something, porch furniture.

But yeah, I'd contact a lawyer.
Apr 22, 2014 8:54pm
G

gut

Senior Member

15,058 posts
Apr 22, 2014 10:31 PM
Yeah, sounds like you need a lawyer. If you didn't write the purchase agreement, you might be screwed....but normal purchase contracts are contingent on inspection and appraisal, and they'd normally have to return any deposit/down payment for a material matter such as this.

Even if they offered to reimburse you, you could still walk away. But they are also under no obligation to repair or reimburse you (and you would want a check for a fair value estimate of repairs, so you can make sure it's fixed correctly).
Apr 22, 2014 10:31pm
Fly4Fun's avatar

Fly4Fun

Senior Member

7,730 posts
Apr 23, 2014 8:04 AM
Call a lawyer.
Apr 23, 2014 8:04am
Devils Advocate's avatar

Devils Advocate

Brudda o da bomber

4,539 posts
Apr 23, 2014 8:07 AM
I think you should walk your spigot first. Then work it up to a jog before you attempt to run it.


Safety first!
Apr 23, 2014 8:07am
vdubb96's avatar

vdubb96

Urbans Meyers Stache

2,210 posts
Apr 23, 2014 8:09 AM
Belly don't know if anyone has mentioned this but a good course of action may be to contact your lawyer.
Apr 23, 2014 8:09am
Belly35's avatar

Belly35

Elderly Intellectual

9,716 posts
Apr 23, 2014 10:00 AM
First lets me explain something ... This is my daughter not me.

What she does is her responsibility I can give advice but if she wishes not to take it that her burden.

I have bought and contracted four homes in my life time… buying a home can be a rewarding and easy experience or it can be a nightmare.
In the beginning I suggested that she handle some issue different with the listing agent… I also suggested that her agent firm lawyer get involved at the first sign of a problem….
When the front door and lock box was taken I suggested she get her agent, police and foreclosure bank agent involved that day…. instead the listing agent said that they would handle this situation …waited 6 days to file a report, contact the bank and replace the door lock and new lock box
Apr 23, 2014 10:00am
SnotBubbles's avatar

SnotBubbles

Master of teh QQ

4,492 posts
Apr 23, 2014 10:01 AM
I think I'd call a lawyer.
Apr 23, 2014 10:01am
ernest_t_bass's avatar

ernest_t_bass

12th Son of the Lama

24,984 posts
Apr 23, 2014 10:03 AM
Have you called a lawyer yet?
Apr 23, 2014 10:03am
sleeper's avatar

sleeper

Legend

27,879 posts
Apr 23, 2014 10:04 AM
I'd contact an attorney ASAP. Why are you waiting? ASAP means now.
Apr 23, 2014 10:04am
G

gut

Senior Member

15,058 posts
Apr 23, 2014 10:06 AM
anti-establishment types like Belly don't need no lawyer!
Apr 23, 2014 10:06am
T

thavoice

Senior Member

14,376 posts
Apr 23, 2014 10:29 AM
NOt sure if anyone mentioned it, but call a lawyer.
Apr 23, 2014 10:29am
S

Sonofanump

Apr 23, 2014 11:22 AM
Send her a link to this thread.
Apr 23, 2014 11:22am
M

MontyBrunswick

Apr 23, 2014 11:50 AM
Belly35;1608248 wrote: What she does is her responsibility
Then why did you make a thread? Have her make one
Apr 23, 2014 11:50am
vdubb96's avatar

vdubb96

Urbans Meyers Stache

2,210 posts
Apr 23, 2014 11:53 AM
Sonofanump;1608281 wrote:Send her a link to this thread.
HAAHAHA REPS!
Apr 23, 2014 11:53am
Belly35's avatar

Belly35

Elderly Intellectual

9,716 posts
Apr 23, 2014 11:54 AM
dlazz;1608293 wrote:Then why did you make a thread? Have her make one
Hoping for reps.... mofo :)
Apr 23, 2014 11:54am
Heretic's avatar

Heretic

Son of the Sun

18,820 posts
Apr 23, 2014 11:59 AM
gut;1608254 wrote:anti-establishment types like Belly don't need no lawyer!
Obama would have called a lawyer, so Belly's just getting his guns cleaned out for a little trip to Chicago!
Apr 23, 2014 11:59am
Pick6's avatar

Pick6

A USA American

14,946 posts
Apr 23, 2014 12:05 PM
Lawyers are for people who can't get shit taken care of themselves.


hope this helps.
Apr 23, 2014 12:05pm
ohiobucks1's avatar

ohiobucks1

USA American

4,915 posts
Apr 23, 2014 4:37 PM
I know it's been said but call a a lawyer who deals with property rights.


It sounds like she might have a breach of contract claim. If the papers were signed by both parties then there will likely be a provision that mentions what happens between the time bargained and the move in. However, like everyone has said, I'd have a lawyer look over the contract and advise what to do.
Apr 23, 2014 4:37pm
G

gut

Senior Member

15,058 posts
Apr 23, 2014 5:47 PM
ohiobucks1;1608411 wrote: It sounds like she might have a breach of contract claim.
The listing agent won't do squat, and probably isn't liable. Banks are reluctant to take a bath moving a foreclosure in the first place, so they will probaby offer little (if any) remedy. The bank will play hardball, betting (probably correctly, usually) that the deal is still good enough for the buyer to absorb some, if not most, of the repairs.

This supposedly happened around inspection time (before closing), so this sort of defect would usually FAIL the inspection and you could walk away getting your full deposit back (not sure how foreclosures work, though). At that point, I'd have an attorney submit an amended offer taking into account cost of repairs. Be prepared to lose the deal.

I assume Belly knows you can't sit around twiddling your thumbs debating what to do and whether to hire a lawyer.

note: if you make a counter offer and are prepared to walk away, you might also "encourage" the listing agent to cut their commission and you can recover some of the cost that way. See how much the bank moves first, then squeeze the agent to close the deal (and just to be an ass, "hint" about the fact the commission would be split if you have a buyer agent)
Apr 23, 2014 5:47pm