Home Buying in Columbia>Question Details

Blackwad, Home Buyer in New York, NY

House was damaged before closing and seller is refusing to give information, now what?

Asked by Blackwad, New York, NY Mon Nov 19, 2012

When I signed te contract for the house, I signed 2 contracts, one to buy and close in 3 months and one to rent for a year so I could get on my feet and most likely buy the house within that 3 months. The house was damaged in a hail storm and the seller's insurance is going to pay for it but she is refusing to give me a list of the break down bu assures me everything is going to be fixed. Something just doesnt sound right

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Thank you very much for the fast responses and information
0 votes Thank Flag Link Mon Nov 19, 2012
If it were me and I'm having this much trouble with a potential landlord and seller...I'd walk.
There are other houses out there. Good Luck!
0 votes Thank Flag Link Mon Nov 19, 2012
Walk away from it. Other homes available I am guessing.
0 votes Thank Flag Link Mon Nov 19, 2012
She told me that the she assures everything will be fixed but the money side of it and the paperwork are between her and the insurance company and none of my business. My realtor told me that she is trying to get the repairs cheap and then pocket the money. He also told me that since I signed the contract to buy, she HAS to disclose the form to me. And if she refuses, I can walk away from the house without being held for anything.
0 votes Thank Flag Link Mon Nov 19, 2012
Who are you going to use for your homeowner's insurance? They may be albe to pull a C.L.U.E. report on the property which will show any claims made over the past 5 years. You will want to make sure every item on the claim is repaired so you don't have any issues down the road.

You can tell her that this is why you want the details... for your insurance company. I don't understand why she wouldn't give you all of the information, so I think you are wise to be concerned.

Also, you may want to contact the attorney who is doing the closing and see if they can be helpful in persueding the seller. If you have not closed yet, maybe the attorney can help you let the seller know you will not close until you get the informaion on the damage.

Usually, contracts to rent prior to closing state all repairs must be requested and completed before the buyer moves in, and that once you are in, no further repairs will be done. Most purchase contracts have a "fire clause" that states the seller has the option to make repairs or void the contract, and the buyer also has the option to accept the repairs or void the contract if you are not satisfied. Check you contract.

Page Latham
Real Estate Professional
Russell and Jeffcoat Real Estate
Web Reference: http://www.pagelatham.com
0 votes Thank Flag Link Mon Nov 19, 2012
Blackwad, Your contract to purchase or rent should include clauses which deliver the home to you at close of escrow or possession to rent in the condition you originally foud it and/or approved of after inspection. In addition contracts should allow for a walk -thru prior to close to verify that condition. A few holes in the wall where pictures used to hang are no big deal. BUT major damage should allow you to get your deposit back and walk away from the transaction. Check your contract and/or escrow instructions carefully. If you are represented by a Realtor they can give some answers.
0 votes Thank Flag Link Mon Nov 19, 2012
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