I just bought a house I hate. Seller left it a mess and my "walk-through" was 15 minutes before closing. Do I have any recourse?

Asked by Tami Sanchez, Tampa, FL Sat Nov 30, 2013

Should I put it back on the market? House is all wrong for me. Good neighborhood, bad house for me

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14
Ron Climer, Agent, Hendersonville, NC
Sun Dec 1, 2013
Yes Your recourse was before closing. If the house was not as clean as required in your contract, you should not have closed. If the neighborhood is good, what is wrong that can't be fixed. If you want a bigger kitchen, expand it. If it needs pool, add one. You can change the house but you can not change the neighborhood.
2 votes
Debra (Debbi…, Agent, Livingston, NJ
Sat Nov 30, 2013
Do you have recourse (can you go after the sellers) in regard to the house being left in a messy condition after you closed on it?

No...you don't.....not in my opinion.

Even though your walk thru was only 15 min., that was enough time to notice the state of things.
Curious why didn't you bring this up at the closing?....... or with your agent?
Also curious why you only scheduled 15 min for this important part of the process?

But.................In any event, "messy" can be cleaned up.

Very often buyers can be shocked at the walk thru once the house is vacant...it often doesn't "look as good" as it did when furnished.

I always try to prepare my buyers for this.
Once the furniture is removed, you can see indentations on the carpet where the furniture was placed, or scratch marks on the walls........or walls look faded where paintings once hung, etc.
(it's like looking at someone without their clothes (ha)......you can see all the lumps and bumps and flaws.) Same thing often happens when a house is vacated, especially if not left in the most pristine condition.

What I think your real issue is, however..............is a case of buyer's remorse.

This is a common occurrence.....many buyers second guess themselves and their purchase after the fact, and think they made a bad choice and a huge mistake!

I even wrote a blog on this some years ago, and continue to get occasional comments from buyers stating they are going through that self-doubt and remorse.

Should you put it back on the market you ask??
No, absolutely not.

Give it some time......get settled in.........put personal touches on it, and eventually it will begin to feel like home.
It's all new and you're overwhelmed.
Maybe you didn't get off to the best start due to the messy condition, but once you get organized..........and .comfortable with your new surroundings, I am sure things will be fine.

Best wishes..........
2 votes
Great advice!
Flag Sun Dec 1, 2013
Malayappan S…, Home Buyer, 48323
Sun Dec 15, 2013
You made a mistake when you closed the sale. That cannot be undone. If the neighborhood is good, then my suggestion is to fix up the mess and make the house your pride and joy. If you do that, a year form now, you will feel not so down. Your agent should have advised you of your options with regard to closing, but again that is now past history. Look ahead and best wishes.

shridhar
1 vote
John Bennett, Agent, Orlando, FL
Sun Dec 1, 2013
And Tami, many of us Realtors do the walk through right before closing- as close to closing as possible. There is a reason, a very good reason . . . . you get to see the condition of the home right before closing. Why would one want to last see the condition a week or two before closing???? buy what was, rather than what is?
1 vote
John Bennett, Agent, Orlando, FL
Sat Nov 30, 2013
Just read Debra answer. Its a great one. Well Done.
1 vote
thanks John!!
Flag Sat Nov 30, 2013
John Bennett, Agent, Orlando, FL
Sat Nov 30, 2013
It will cost you 10 to 20 to sell curent house a10 to 15 to more and buy another. So, lets assume current house in great area costs 100,000 to move away has a cost of 15000 to 30.000. Add to this time moving, time buying, and knowing you mifht just a new and "better" error at the new place . . .might your time and money be best spent fixing your current home. Now this does not make me any money but I think it is something you need to think about.
1 vote
Alma Kee, Agent, Tampa, FL
Mon Dec 2, 2013
Also look at your paperwork... typically most Realtors will ask you to sign a final walkthrough form. It basically says you did a final walkthrough and are accepting the property.

Now if there were significant defects (i.e. repaired sinkhole) that was not disclosed to you in the Seller's Property Disclosure then you may have some recourse against the seller. If the Seller sold via a Short Sale it may be difficult to collect, though. Also most bank owned properties will have disclosures to protect the bank's interests against any lawsuits.

All the best,
Alma
Alma Rose Kee, PA
Future Home Realty
813.244.9898
http://www.SoldOnTampa.com
0 votes
Alma Kee, Agent, Tampa, FL
Sun Dec 1, 2013
33626 --- This is my area of expertise. Sorry you're not happy but the good news is you may be able to sell it and break even. There is strong demand for almost any property in 33626--even if there are cosmetic or serious condition issues.

As previously suggested you may want to give it a little time and after the first of the year if you still fell like it is all wrong for you then sell it.

A Realtor can also show you homes to see what you might be able to replace it with.

If you're in Westchase also be aware there are two separate CDDs. The older homes have significantly lower CDD fees.

All the best,
Alma
Alma Rose Kee, PA
Future Home Realty
813.244.9898
http://www.SoldOnTampa.com
0 votes
John Bennett, Agent, Orlando, FL
Sun Dec 1, 2013
So tell us Tami, what about the house do you hate?

We maybe able to help you get it fixed.

Sometimes it helps to focus on what is wrong, so that it can be fixed.

John
0 votes
Scott Godzyk, Agent, Manchester, NH
Sun Dec 1, 2013
It is sad you were not given a little more time. Even with 15 minutes you still had the choice not to sign. Your buyer agent should have addressed the mess prior to having you sign. they should have explained your options of not signing and either having the house cleaned right or the seller paying to have it cleaned. As far as selling it again you may, you should seek what it is worth and what they think they can sell it for. Check with your ;oan officer to make sure you can do this and get another loan. .
0 votes
Annette Law…, Agent, Palm Harbor, FL
Sun Dec 1, 2013
Tami,
I live not far from your new home in Palm Harbor and could most certainly help you resolve your situation. HOWEVER, it has been my experience, when folks make decisions with in the lowest form of themselves, they make BAD decisions.
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Steve's advise to surrender to your emotions is BAD guidance. Allowing folks to make a decision while in an emotional state is the trade mark of predators.
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Debra's guidance to be patient, gather yourself as sound advise. Let me help you restore the highest version of yourself where the best decisions are make.
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Of course you have recourse. You most certainly can make the situation worse for yourself. There is nothing, except increase your costs, for you to do after the closing is completed and you have the keys.-
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Tami, there is a reason you made a purchase offer on this home. It may be worthwhile to reacquaint yourself to the moment this home said, "HELLO."

Best of success
Annette Lawrence, Broker/Associated
Remax Realtec Group
Palm Harbor, FL
727.420.4041
Move to the Front of the Line
(http://FirstLookHomes.us)
0 votes
great advice Annette, as always!! Steve is a hoot, isn't he? :)
Flag Sun Dec 1, 2013
And very well said Annette. WOW! The profession is well served with folks like you and Debra.
Flag Sun Dec 1, 2013
Debra (Debbi…, Agent, Livingston, NJ
Sat Nov 30, 2013
It's easy for someone to tell you to "bail", put it back on the market "asap" .............and take a loss...............it will be your loss, not his.

Stay where you are...give it a chance.............there is absolutely no reason to rush into anything now.
Once the dust settles......then see how you feel.

You said it's a good neighborhood....that's great, as location is very important.
The location can't be changed, but the condition can.

Focus on the positive aspects, for now, and see what changes you could make in the future if they will make you happier.

Worst case scenario.......you can always sell it down the road..but there is no reason to rush into it and lose money now.
0 votes
Stephen McRo…, Mortgage Broker Or Lender, Tampa, FL
Sat Nov 30, 2013
.
Yes, if you don't like bail! Put it back on the market asap to unload it and buy a house you like even if you have to take a hit.

If you don't you'll always regret it!

-
0 votes
Tracy Hoyt, Agent, Valrico, FL
Sat Nov 30, 2013
Tami,

Feel fee to call me tomorrow at 813-352-6219. I can try to see what the problems with your new home are. It might just take some time for adjustment. Selling the house would incur cost for you and unless you got a great deal would probably cost you money out of pocket.

Respectfully,
Tracy Hoyt
Realtor
0 votes
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