Foreclosure in Massachusetts>Question Details

Jptrava, Home Buyer in ,

Damages to property during septic install

Asked by Jptrava, , Sun Jan 20, 2013

Im in the process of buying my first home. It is foreclosed and part of my accepted agreement is for the seller to install a new septic system. Work on the system has begun and after a drive by i noticed damages to the property. This includes removing a large portion of fence, cutting half of a wood deck in half, and pretty much ripping out all the irrigation piping. From what my agent said, they also soiled a carpet with mud. Are these damages something that would normally be fixed or am i going to have speak up and how would the seller (bank forclosure) react for getting money to repair these issues?

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Patrick Lydon’s answer
Most Purchase and Sales agreements have language similar to the following:

9. POSSESSION AND CONDITION OF PREMISE - Full possession of said premises free of all tenants and occupants, except as herein provided, is to be delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted.

So the bank is most likely OBLIGATED to either fix the damages or give you the money to fix the damages.

The "as is" part of the agreement is as is as of the date the agreement was signed. If you need help with this get in touch with me ... I have 2 great attornies on my team.
0 votes Thank Flag Link Mon Jan 21, 2013
You should try to renegotiate. That is your agents job to guide you.
0 votes Thank Flag Link Sun Jan 20, 2013
In my experience, banks are notorious for refusing to fix anything you request them to. Typically, foreclosures are sold "as-is" and any repairs are the responsibility of the buyer. Your question states that they agreed to install a new septic system, and as a result of doing so, created additional damage to the property.

While "generally" banks will not make repairs - it looks like they may be more willing to do so in your particular situation (especially since they incurred additional damage to the property, and agreed to install a new septic system). It definitely wouldn't hurt to ask them to simply repair the damage they caused as a result of the install - however there is no guarantee that they will agree to it. You definitely want to have these concerns addressed ASAP - and get a definitive answer either way to what they plan to do to remedy the damage. They "may" be planning on fixing/cleaning everything, and just might not be finished with the work. I wouldn't, however, "assume" everything you see damaged will be fixed, and blow past your attorney/inspection contingency date only to realize it hasn't been.

I would bring up your concerns and get an answer either way from the bank/bank's attorney ASAP. Depending on the specifics and dates outlined in your contract, your options may be limited the longer you wait. Hope that helps!
0 votes Thank Flag Link Sun Jan 20, 2013
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