Foreclosure in San Jose>Question Details

Tom Ng, Home Buyer in San Jose, CA

If I buy a house, it doesn't have a smoke detector ( 49yrs old ) can I make the bank ( REO ) to install prior

Asked by Tom Ng, San Jose, CA Mon Aug 18, 2008


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A smoke detector is very cheap. Just buy it and install it yourself. Don't be cheap.
0 votes Thank Flag Link Tue Aug 26, 2008
Hi Tom,
Banks don't like to negotiate period. C J and especially Roland gave you sound advice you are already purchasing a below market value home and when they have you sign the as-is addendum they mean it. You are purchasing the home as you have viewed it , as I have answered in your earlier question be sure to do your inspections but be prepared to "foot the bills"because the bank won't as they are already taking a loss on the property.

0 votes Thank Flag Link Thu Aug 21, 2008
I agree with Roland. Smoke detectors are very inexpensive and can be installed easily. "Making" the bank follow through may be more trouble than it is worth.

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0 votes Thank Flag Link Tue Aug 19, 2008
Hi Tom,
Yes, all sellers including banks are required to comply with smoke detector laws. However, I would suggest putting this matter in perspective. Even without knowing the details of your transaction, since this is an REO you are probably going to save 10's of thousands of dollars on this home. Is it real worth making an issue over a $100-200 problem? If you really want the house and it's a good deal, then your main goal should be to be sure you make the deal. Try to get the bank to comply, but understand that banks are slow and bureaucratic, so don't get hung up on this. If they don't comply, buy the house and go to the local hardware store and buy the smoke detectors to protect your family. Either install them yourself or have them installed. Later, if you want you can try to recoup the cost. Check with a real estate attorney or the Santa Clara County Bar Association legal referral service for advice on whether to go to arbitration (can be expensive) or Small Claims Court (cheap).
I hope you find this useful and I hope you get the home you want.

Good luck,
0 votes Thank Flag Link Tue Aug 19, 2008
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