Do we have a chance trying to negotiate with the bank after pipes burst due to bad winterizing???

Lee
Home Buyer
Erie, PA

We have a contract on a house that is a foreclosure and is being sold 'as is' we had a plumber in the house today to turn on the water because the house had been winterized and we needed to get the inspection done (we did put the inspection provision in the contract). After he turned the water on he realized that all the pipes had burst and water ran all over the furnace and was coming out of the ceiling in the living and dining room. He told us that the house had obviously not been winterized correctly and may have even been winterized after the pipes had froze. My question is do we have a chance negotiating with the bank for even part of the costs to get this fixed. My thinking is, since we were the only offer, and we really do want this house, that if we walked away they would either have to drastically lower the price or fix the plumbing anyway and that they would be better off helping us with the repair costs and getting this house off their hands and their books.

Answers (6)
Cynthia Bilal
Agent
18322

Absoultely, even though every bank has differant criteria. This repair amount should be calculated on estimated HUD-1 and presented to lender. We have been sucessful in a situation like this before. If current buyer feels nervous about the whole scenario, encourage them that they will be enjoying the benefits of all new plumbing!

Tue May 12 2009, 10:35
Bill Eckler-Flo...
Agent
Venice, FL

Lee,

You won't know unless you ask.....

Bottom line here is the bank probably did not know this was a problem but will need to deal with it now or later. Since they have a buyer presently, it certainly would appear that it would benefit them to make a concession sooner than later.

Check your contract closly for the release clause based on unexpected repair work. Time will be of the essence to be able to take advantage of this. Put your adent to work on this ASAP.

Good luck

Sat Jan 24 2009, 03:51
Brian Eastman
Agent
Erie, PA

You absolutely have a chance to negotiate. It will depend on the lien holder or representative you're dealing with as to what they will want to do. I hope they will see things your way and that there will be some kind of compensation allowing you to go through with the purchase.
This is something you and your agent should speak about in depth ASAP. I don't have the contract in front of me and I don't want to interfere with your agency relationship, but I do have a few suggestions:
Make sure you read over any sales agreements AND addendums you may have signed. Some addendums provided by the bank will override some terms in the sales agreement, especially if the PA Standard Sales Agreement was used and the bank provided the addendums.
If this is a HUD foreclosure, make sure you had their expressed written permission to perform the test and you made them aware of the dates you were to perform the test.
Hopefully, you used a licensed plumber to un-winterize the property. The bank may question them especially if their thought is that it wasn't winterized by another plumber properly to begin with.
This kind of plumbing issue can quickly snowball into other issues such as mold and damage to other home components such as the furnace. If you do go through with the purchase, this is obviously priority number one.
Review any possible "outs" in the sales agreement as they pertain to inspections. If the bank refuses to concede the repairs, see if you can get out of the contract without losing your deposit.
I sincerely hope the bank will see things your way, correct the problem, and you will be enjoying the home soon. Just in case, make sure you are prepared and that you fully understand the language used in the contract pertaining to inspections.

Fri Jan 23 2009, 22:15
Cindi Hagley, W...
Broker
San Ramon, CA

Absolutely...make sure yourt agent negotiates all the repairs, new flooring, and any cost you incur for the delay in funding your loan.

Fri Jan 23 2009, 21:36
Lynn911.com Dal...
Agent
Dallas, TX

WOW, listing agent needs be notified ASAP who will contact the bank, who would need repair home I dont believe you can pass appraisal process by your lender, CURRENT MORTGAGE company who owns bank realize that. However if not address mold issues COULD possbly been.

Web Reference: http://www.lynn911.com
Fri Jan 23 2009, 21:24
Angela Leung
Agent
94549
FIRST ANSWER

Hi Lee,

You can always negotiate with the bank especially it sounds like the house has been damaged by the water.
You should negotiate, otheriwse it would be very expensive to fix the whole house after water damage.

Fri Jan 23 2009, 21:20

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