Shop Products
Houzz Logo Print
cookie8_gw

Damage to home before exchange of funds

cookie8
10 years ago

I am asking this more out of curiousity on behalf of a friend. She just put an offer on a home last month and possession date is this Saturday. She got a phone call from the owner on Tuesday night saying damage happened. I am guessing (due to an ice dam on the roof) leaked water into the home damaging the ceiling a dry wall. The seller wants to give her $1000 (she said her dad a "professional" and this is what he suggested). My friend said no, she would like an adjuster in to see what the full damage is. The seller is non-compliant. Red lights all around? To me, it is. Unfortunately it was a private sale, BTW, the full deposit was supposed to happen yesterday but they are still trying to resolve matters. Has anyone experienced something like this?

Comments (16)

  • geoffrey_b
    10 years ago

    If there's an ice dam - then the attic is not insulated / vented properly. It will happen again unless it's fixed. This is more than a drywall problem.

  • cookie8
    Original Author
    10 years ago

    Exactly. Lucky she can still back out - I think. Not sure if a home inspector could have caught that because she did have one.

  • chispa
    10 years ago

    Any banks or lawyers involved? They should be contact right away. If not, get a lawyer asap. Do not give any money to sellers or sign anything.

  • jewelisfabulous
    10 years ago

    The seller is non-compliant for a reason. She needs to refuse closing and push the issue OR refuse closing, get back her deposit, and walk away.

  • cookie8
    Original Author
    10 years ago

    I have yet to hear from my friend today. I am curious as to what decision she made. I feel bad as this is her first home and was very excited to move in this weekend. My husband said the same thing about it most likely being ventilation problems.
    I guess she is pretty lucky to have it happen while it is still in the sellers' possession.

  • cookie8
    Original Author
    10 years ago

    Well, I just spoke with my friend and her lawyer advised her that if she doesn't just comply she could get sued? I have to admit, I am pretty confused over the situation.

  • ncrealestateguy
    10 years ago

    I would imagine that there is a clause in the contract that says something to the effect that the home has to be delivered in the same or better condition as it was at day of signing. She could cancel the contract and receive her deposit back based on this alone.

  • lyfia
    10 years ago

    Was that her lawyer or theirs that said that?

  • cookie8
    Original Author
    10 years ago

    Well, it is a weird situation. My friends lawyer is a friend of the vendors lawyer - not sure if this was a coincidence or if the vendor recommended the lawyer to my friend.
    Basically, they told her if she doesn't allow the vendors' father to fix the wall to the condition it was in that they can sue her. They don't want to involve insurance at all.

  • debrak2008
    10 years ago

    After our closing (at city hall) we came to our house and found the ceiling had fallen in and there was a roof leaking, toilet cracks, pipes broken, etc. Yes we closed but then our lawyer and RE contacted the seller who agreed to fix himself the immediate damage and give us a check for the new roof needed. If he hadn't we would have sued as the house was no in the condition it was advertised to be in.

    She should get an independent lawyer.

  • dadereni
    10 years ago

    Of course anyone can sue anyone. But a lawsuit would only keep the house off the market and unsold longer. And no judge is going to force someone to buy a house. Did the lawyer review the contract before it was signed? The lawyer should be advising on how to solve the problem. Get another legal opinion from someone without ties to the seller. Likely a question of agreeing on a fix, money for a fix, or voiding contract.

  • cookie8
    Original Author
    10 years ago

    Thanks for all the input.
    I find it to be a tricky situation as geoffrey_B pointed out it is most likely due to ventilation problems in the attic/roof. I mean, they can just fix it but what about the underlying problem that it is probably going to happen again. It was inspected and noted as fine so the home was bought on the condition "she was fine with it" even though she didn't know about it? Now the vendor has to just fix the cosmetic damage but not the underlying problem? This is where I am unsure.
    I think getting a new lawyer would be a good idea.

  • lyfia
    10 years ago

    I'm guessing the contract spells out that you need to allow seller to fix it, but I'm not sure that means that the buyer has to allow a non-professional to fix it.

    It may or may not indicate an ongoing issue with the ventilation. Could be a first for the sellers too. At least they let the buyer know that it happened. I guess they could have just fixed it and said nothing.

    Might be a good idea to have a professional come out and inspect it. Another lawyer sounds like a good idea.

  • nosoccermom
    10 years ago

    Well, if it's a material defect, then wasn't the seller required to disclose it? If it's not a material defect, then it should just be fixed. So, agree with lyfia that it's important to figure out the cause of the leak.

  • ncrealestateguy
    10 years ago

    IMO, the seller has to repair the cosmetic items only, but has to use a professional to do so. The work has to be performed in a "good and workman - like manner". Legally, this usually means done by a licensed professional.
    At the time of signing, the poor ventilation problem was already present. The time for the buyer to address this detail was before signing or during the inspection negotiations, not now.
    But, the seller has no grounds whatsoever to sue the buyer for anything.

  • Debbie Downer
    10 years ago

    fwiw - there can be more factors involved with ice damns (pun intended) than just ventilation - knee walls, cathedral ceilings, heat ducts that go up into the attic and then down again to 2nd floor rooms, and position of roof in relation to the sun so that snow is constantly melting/refreezing. My house has all the above - not possible to correct underlying causes, only to prevent damage w/ whatever that waterproof membrane is that goes under the shingles, electric cables etc.

Sponsored
Haus Studio
Average rating: 4.8 out of 5 stars28 Reviews
Franklin County's Preferred Custom Cabinetry & Design Studio