HELP ME NEGOTIATE.

Asked by Maria, Connecticut Mon May 11, 2009

The lawyer will charge us more money if we ask additonal question to him.
I ask my agent and she seems clueless what to do. It's a long story why we hired her but it's too late too late now.
The following are that minor problems that the inspector found out about the house:
1. Lower 1/2 bath missing vent fan.
2. Missing handle to the 2nd flr,3rd flr and basement.
3. VL (ul not too sure of the hand writing) bath outlet miswired also not functial as gici outlet. Does not trip with test button.
4. Boiler relief valve missing extension pipe to approx 6" off the floor for safety.
5. Electrical Panel 2 breaker double tapped, 1 hole in panel.
6. Service boiler prior to closing.
7. VL Bath radiator did not heat up.
8. Pipe copper stabey into sewer line.
Is there any suggestions how we can negotiate this to the seller like the rail and the vent fan in the bathroom. How to properly put this into words.
Thank you to all who will take their time to reply.

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Answers

9
Dan Ross, Agent, Southington, CT
Mon May 11, 2009
Maria,
You will NOT lose your earnest money. You have a legal right to back out of this deal, and the deposit will be refunded. Ask your mortgage broker if the appraisal has been done yet. If not, you souldn't lose that money either.
Web Reference:  http://www.danrossre.com
1 vote
Alan May, Agent, Evanston, IL
Mon May 11, 2009
1. lower 1/2 bath doesn't have a vent. (that's not something broken or damaged... just something you need to know... nothing to negotiate here)
2. Missing handle to 2, 3, basement... (I assume that means the doors are missing handles... )
3. UL (upper level) bath CFCI (ground fault circuit interrupter) miswired and non functioning
4. Boiler relief valve missing
5. Double taps
6. Boiler could use maintenance
7. UL bath radiator not apparently functioning, in the 15 minutes that the inspector turned the heat on
8. No idea what this one means...

#1... nothing to negotiate...
#2... the handles weren't there when you decided to make an offer either... right?
#3... GFCI should be fixed... (about $30 part, plus labor)
#4... boiler relief valve $3.95 at Home depot
#5... double taps... common... the same electrician who repairs #3, can repair this for about $50-100.00
#6... service boiler.. .that'd be a nice thing... but hardly an inspection issue
#7... have a heating and cooling vendor take a closer look at that... then determine what needs to be done
#8... huh?
0 votes
John the Bru…, Home Buyer, Connecticut
Mon May 11, 2009
There are plenty of out-of-work real estate attorneys and underworked Realtors® right now. Act accordingly.

If the people you hired to do the job don't do it to your satisfaction, it's time to fire them.

The deal will still be there when you have new representation.
0 votes
Maria, Home Buyer, Connecticut
Mon May 11, 2009
From the bottom of my heart, I really thank you all for the qucik reply. I will follow your advices. If we back out we will lose the earnest money that we put in,the cost of home inspection and the mortgage application fee but we have to do what we have to do... Thank you all again.
0 votes
Anne Astley, Agent, Old Lyme, CT
Mon May 11, 2009
If you are not happy with your agent then speak to the broker immediately. Take a good look through the report again and decide what exactly it is you want repaired - you are more likely to have success especially if it a structural/safety issue rather than a cosmetic one.

Usually a personal letter from you to the seller is a nice way to start off negotiations for repairs, you can let the seller know that you still like their home and want to go ahead with the purchase but the following items need to be addressed as per the inspection report.

Good luck
0 votes
Stella Neves…, Agent, Old Mystic, CT
Mon May 11, 2009
Hello Maria,

It's a little difficult to give you specific information, but here is what I would suggest you do.
Negotiating with the seller is your agents responsibility...all agents have a legal responsibility to represent you in your transaction. If your agent, for whatever reason can't/will not represent you, then speak to their boss (if they are not the owners of the real estate firm). If that is not a good option, you may talk to your lawyer about backing out of this deal...because if you are not getting good representation from your agent, who knows what else might not be good with this. In many cases you can back out of a deal, with no questions asked, in five business days after you got the report (especially if the Purchase and Sale agreement is the newest one available from the Eastern Connecticut Realtor Association). One other thing, ask your lawyers advise on this...because if don't if may cost you more money in the long run.

I hope this helps you...don't be afraid to get out of this deal...
0 votes
J R, , New York, NY
Mon May 11, 2009
Your agent or your attorney should be helping you with this. They probably won't fix all but should fix items related to plumbing, electric or heat. We have no way of knowing what was up to code when the house was built or what code is now. For example "lower 1/2 bath missing vent fan". There was never a fan, or there is a vent with a missing fan? Missing handles? Did you see this when you viewed the house?
0 votes
Dan Ross, Agent, Southington, CT
Mon May 11, 2009
This is something your agent needs to do for you. If he/she is not doing his/hew job, then speak to the broker ASAP. The broker can appoint a new agent to help you that will get this done right. You inspection contingency clock is ticking, so do it immediately.

For the negotiation, use the inspection report as your documentation. Ask for the seller to correct the things you want done prior to closing. If they are not willing, then you have to decide whenther or not you still want this house.

Talk to the agent's broker! They are your representative and are the ones that have to handle this.
Web Reference:  http://www.danrossre.com
0 votes
Amanda Albert, Agent, Woodbridge, CT
Mon May 11, 2009
Fire your agent. The whole purpose of having a buyers Agent is to have expertise in negotiations.

My suggestion would be to say:

During the inspection, the following items were discovered to be in need of repair.

(List items)

We respectfully request that you have these items repaired or replaced by licenced contractors before closing or give us a credit in the amount of $______________.

Don't expect to get everything, but you should get most of the items taken care of. If not, threaten to walk.

Hope this helps.....
Amandaq
0 votes
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