Home Buying in Coppell>Question Details

moa411, Home Buyer in Coppell, TX

Do we as buyers have any recourse in short of killing the deal?

Asked by moa411, Coppell, TX Mon May 14, 2012

We went for final walk thru today with closing set for tomorrow and the house looks HORRIBLE! Pool was mossy green and kitchen was filthy!

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Although, Steve - the lender will probably require that the buyer sign a document stating that the terms of the contract have been fulfilled, so the sellers could use that in their defense that, "The buyers closed anyway . . . "
0 votes Thank Flag Link Mon May 14, 2012
Your recourse may lie in any contract language requiring the sellers to maintain the property. If the sellers have failed in this duty, they are in breach. Closing on the contract will probably not extinguish your right to seek damages for breach.

See about a second walk through. Make it know you have concerns about the property's condition. Let the agents do some talking. If you still get a mess, consider a demand letter and if necessary, a law suit. Get some photos, keep your clean up receipts, and if the sellers don't make it good, think about small claims court. You can do it yourself.
0 votes Thank Flag Link Mon May 14, 2012
Not really.

Here's the thing - nobody can force them to clean up. End of story. You can beg, bribe, cajole - but you can't force them.

You probably can't extend closing without their written permission, not to mention the lender's.

This doesn't mean your agent shouldn't go to bat for you - but, realistically, it's the seller's responsibility, and their choice.
0 votes Thank Flag Link Mon May 14, 2012
You can walk away from any deals prior to closing. As an agent, I would recommending you contact your agent. As a buyer repreesntitive, he/she can help you negiotate with the seller to extend the closing and let the seller get their acts together. Often time, pool sometimes get dirty during this spring rainy season or if the power has turn off, that will also cause the equipment stopped working.
0 votes Thank Flag Link Mon May 14, 2012
Thank you everyone for the sound advise. Still wondering why they didn't postpone the walk thru. We're slowly getting over the shock of seeing it like that! Agent is working something out though ...I hope. Thanks again...
0 votes Thank Flag Link Mon May 14, 2012
It makes you wonder why people don't have enough pride to turn their property over to a new owner in clean condition, doesn't it? I am constantly amazed, never shocked, but constantly amazed!
Flag Mon May 14, 2012
Where is your agent? They should be handling this for you. I hesitate to step on your agent's toes. You can refuse to close until they get it cleaned up, but understand that "cleaned up" means no more or no less clean than it was when you contracted it. If you refuse to close they might argue that it was that way all along - it's a real pickle to be in. You could also try to get them agree to give you X in closing cost assistance to handle the clean up yourself - actually, that might be the best way to handle it in my opinion. Again, not trying to usurp your agent - who is really who you should be talking with right now.
0 votes Thank Flag Link Mon May 14, 2012
You need confer to the executed sales agreement which governs what condition AND if there were anything in special provisions for condition of home prior to closing .

No Realtor can speak on behalf of a sales agreement confer to your agent.

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
0 votes Thank Flag Link Mon May 14, 2012
Your power is in closing or "not closing" .
Read your contract carefully.
With our normal TREC contracts, the house needs to be in the same general condition as when you contracted on it. Look at 7D under NOTICE To BUYER and SELLER.

There are lots of solutions, so don't get too tied up with a green pool. Maybe a credit at closing from the seller to cover pool cleaning and house cleaning will suffice.

While some houses come sparkling clean, the standard is only broom clean.

Ask your realtor for solutions and advice.
0 votes Thank Flag Link Mon May 14, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
Some things can be cleaned up. Real damage is what the purpose of the walkthrough is, but seller and agent will feel threatened by talk of not closing.

For example I have heard buyers say they're not closing until X is done.

In the end you may have to go with it.
Web Reference: http://www.SumnerRealty.com
0 votes Thank Flag Link Mon May 14, 2012
If you had as a condition pending a final walk through inspection you can hold thier feet to the fire to fix any defaults that are different from when you first signed the contract. There may be other outs but I would consult your agent or better yet your Real Estate Attorney about legal recourse. Generally as a buyer there are time frames or shall I say loopholes in which to get out should something like this creep up. I wish you all the luck and hopefully you have a motivated seller.
0 votes Thank Flag Link Mon May 14, 2012
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