OT: The "Joys" of buying a home...

FrigidNDEditing wrote on 1/26/2006, 7:46 PM

Sorry for the OT - but this is just pissing me off.

We're trying to buy this home - the seller waited to the day before the closing date (less than 24 hrs before the appointed hour) to fullfill some of the requirements by the appraiser (was told to have a foundation specialist inspect the basement) that have to be delivered to the underwriter in time for the closing. Underwriter isn't able to get the loan approval done because of a once a year certification that she has to be at, and can't reschedule. Mean while we have relatives coming in from multiple states and hundreds of dollars in moving equpment that we're not able to move with, along with various expenses incured in having to re-rent the junk etc...

Do you guys think that I could get him in small claims for this crap? - it was his negligence that delayed us, or do you think it's just his perogative to screw me if he wants?

He refused to sign an early occupancy agreement too btw, His reason was, "because I said so."

Sorry again for the OT - just tough watching your wife cry for over an hour.

Dave

Comments

Spot|DSE wrote on 1/26/2006, 7:57 PM

Dave, having done this sort of thing several times....let it go. For now, anyway.
Your adrenaline is very high, plus this is a nerve-wracking process for anyone buying a home or property. To you, it's exciting, scary, and crazy, not to mention being out of your norm. To the people that you need to help you, it's just another day at the office. Yes, you could probably zap this guy in court if it was his mess up, but you'll do better reporting him to DOPL, but do all that AFTER you're in your house.
Buying a house is incredibly stressful no matter how many times you do it. But....like waiting for an airplane to be completely inspected, you don't want your new house "taking off" without proper inspections, dotted i's, and crossed t's.
Take a deep breath, step back, save the anger for another day. If this guy's negligence cost you $$, it will have cost you the same $$'s in a couple weeks when all is said and done, so save the rage for then. Maybe, just maybe...being nice might get him to help you if he understands your perspective if it comes as a plea or a request for some help and clarity. If he thinks you're unhappy, he could easily make it worse. You can't get a certificate of occupancy without this guy, so for the moment, you need him.
I wish I could tell you that what you're dealing with is abnormal and dammit, you should be in there, but truthfully...when you buy a house or property, expect EVERYTHING to go wrong, and thank heaven when it doesn't.

Chanimal wrote on 1/26/2006, 8:02 PM

Wise counsel.

FrigidNDEditing wrote on 1/26/2006, 8:22 PM

Thanx - wise counsel "in deed" (ok - bad pun, but I was reading what I wrote and thought of it, so you have to read it too:) ). The seller doesn't give a crap if were hurting or not - he had to spend extra money because we're 1st time homebuyers and there were some extra things he had to do, we spent 2 1/2 days painting and taking care of some of his negligence just to help get us in there in time, and our realtor said his attitude was along the lines of I had to spend a bunch of extra money, they can just eat it, (he was appearently happy to see us flounder). But I'm trying to stay calm and not go ape on him. :)

as corny as it sounds, I am trying to think of "what Jesus would do/what he wants me to do" in this situation - and it just goes against my every desire not to try and nail this guy for what he's doin, but I don't think that is the christian thing to do.

Anyway - thanks for the advice and the calm down - I'm sure that when it's all said and done the double move etc... won't be as bad as all that - but my wife won't get to have her mother there when we're moving into our first home (she really wanted this) and variety of other things that will become difficult / impossible for her to have on our first home move. just tough - thanks again.

Dave

johnmeyer wrote on 1/26/2006, 9:05 PM

Two of the three homes I bought had "squatters" (renters who wouldn't leave). When it came time to close, we couldn't complete the transaction on time. What I learned from that -- which won't help you, since you've already closed -- but which will help you the next time is this:

Don't agree to close.

You will be amazed at the leverage you have. Always do a walk through the day before, or on the morning of, the closing. If things are not fixed that were supposed to be fixed, or if things are missing (we bought from a well-known local drug dealer, and the place was a shambles, with cabinets ripped off the kitchen, etc.) you simply say that the property is obviously in disarray and not as promised and that you cannot close. If your case is as obvious as you say (or as obvious as it was in two of my three homes), the realtors and lawyers will scramble, and you will have a several thousand dollar settlement, usually within minutes.

DavidMcKnight wrote on 1/26/2006, 9:20 PM

We bought our house about 3-4 years ago. To this day I seeth with anger when talking about it. So I don't talk about it much. It mostly has to do with the mortgage company, a low-balled "good faith estimate", paperwork that didn't arrive until 30 mins before closing, terms that had changed, etc...plus the fact that my wife and I moved the previous owners out...my wife (against my advice) had become friendly with the sellers (a nice enough elderly couple) and when moving day came she told them we would come over "to help with the big stuff" - we get there and, they had no other movers. None. So I drove the old guy down to rent a moving van, called a buddy of mine and we loaded the whole damn house....

...<begins to grit teeth>...here's the best part, and I swear to God I am not making this up...by the end of the day the seller was so "appreciative", he promised to take us to dinner, for all the help, and we were going to "do it up right" ...

....He took us to CiCi's Pizza, home of the $2.99 buffet. Not just pizza. The worst pizza in town. You know when you say "Pizza is like sex...even when it's bad, it's still pretty good?" Not this pizza.

So, Frig, look at it this way. Right now, you feel incredibly violated. Rest easy in the knowledge that one day you'll have a story you can tell and get a few laughs with. And you're learning from the experience, and I bet you have a half-dozen things that you'll do completely differently next time.

FrigidNDEditing wrote on 1/26/2006, 9:21 PM

closing hasn't happened yet - it was supposed to at 11:00 tommorow and we could start moving in - well - now it will happen on Monday - the loan couldn't be approved yet because they didn't do their part in getting the foundation inspected until it was too late to get it approved by the closing date. I'll keep it in mind though for the future if it comes up.

Dave

MH_Stevens wrote on 1/26/2006, 9:43 PM

Spot, whose knowledge and wisdom is always a wonder to behold, despite his enormous work output has once again given good council. For myself, who always manages to be too blunt and never thinks through just what I say nor considers if it might be what wants to be heard, asks, "Do you really want to buy this house right now?"

With the US military resolved to shortly leave Iraq with plans to move to Iran, with Hamas now a democratically elected, with interest rate climbing, US debt mounting and the housing market at the end of a record breaking streak, I am selling my real estate to become the renter of a condo. Enjoying a major increase in cash flow now and with the hope of buying back in to a deflated market some time later. So don't feel "too" involved to tell this guy to walk and keep looking. No one loves real estate more than I do but don't get too emotionally involved - too much emotional involvement is dangerous.

Coursedesign wrote on 1/26/2006, 10:01 PM

The weirdest experience I had with a home buy was when I offered the asking price for a house I really liked, it was in a down market and there were no other offers.

My offer was refused, and I upped a few times till I was up quite a bit over asking.

No go, and I got all kinds of weird signals from the sellers agent, and I was beginning to think he was a major sphincter portal.

Finally, I got a better agent for myself, somebody very experienced, who explained to me that the seller was absolutely not in the market to sell.

??? What the...?

The seller was just putting on a show to delay foreclosure by his bank.

Later I learned about the value of licensed home inspection. Fortunately from a friend who moved with his wife from California to Montana "to get away from it all." They found a home they just loved, and couldn't wait to move in so they waived the inspection.

A few days after they moved in, his wife was cooking in the kitchen when a fly landed on the wall. She grabbed a flyswatter and whacked the fly, only to see the nearly the entire kitchen wall crumble into mostly sawdust.

Termites.

The house had to be torn down in its entirety.

:O(

FrigidNDEditing wrote on 1/26/2006, 11:35 PM

ahh - the wonderfull feeling of not being alone when your down in the dumps - Eeeexxcceeeellllleeeennnntt! (Burns esqe)

Good stories guys - I would have walked just fine if my wife wasn't just COMPLETELY bent on buying and we've done a weeks worth of work to get it ready to buy (so that we could save some money, we did it instead of paying for it to be done) and then there's the ernest money and the money for the appraiser, and the inspector (lots and lots of stuff :) ) - so we'll just make the double move and go with the loan rate we got. And then if it drops in the near future much more, :) - I'll just get a new loan :)

Jay Gladwell wrote on 1/27/2006, 6:52 AM

I had an old fella tell me years ago, when I was just a young fella, regardless of the deal, never be afraid to walk away.

beerandchips wrote on 1/27/2006, 7:01 AM

I'm also getting ready to buy. Well, maybe. A little gun shy now.

sn

goshep wrote on 1/27/2006, 7:36 AM

Wait....there's more....

Some great advice being offered here! Don't forget that even if things come together without a hitch (and based on the feedback thus far you can see that rarely happens) something worse will happen when you get moved in!

Our first home was a breeze. The sellers were extremely cooperative in correcting the few stipulations we had. Escrow closed sooner than inspected and POOF we were in our new home. Then things started to go wrong. Little things that our inspector missed that have added up to big problems for us. Things that the sellers HAD to be aware of but neglected to mention. (Missing load-bearing walls, sagging ceiling trusses, hot water heater about to collapse into pedestal, etc...)

In summary, if it's TOO easy, be suspicious.

FrigidNDEditing wrote on 1/27/2006, 8:30 AM

well, CERTAINLY no need for suspicion (spelling?) here.

Dave

FrigidNDEditing wrote on 1/27/2006, 8:42 AM

Updated scenario information:

Lender has switched underwriters, and is pushing hard for the stuff to be done TODAY.

My realtor has been going to bat for me all over town - setting up just in case scenarios - IE. getting me free storage for our stuff for the delay time, a free moving truck to move in to the house, and looking into strong arming the guy a little harder.

Mother-in-law is now on her way up with a larger than expected truck because they didn't have the size she had reserved - HA!! - (makes me think of seinfeld and the car rental / reservation episode).

oh - and my back is kinky (and not in the sexy way either ;-) ) so I'm spending all my days in a lifting brace, and realizing that my stomach is a little more squishy than it used to be :(.

Thanks again guys - I appreciate the moral support.

Dave

Coursedesign wrote on 1/27/2006, 9:15 AM

Dave,

You should know that delays are very common in real estate transactions, simply because there are so many little things that can go wrong, and every one of this little details have to be right before your name is on the deed. It is best to be prepared for at least a 1 month delay.

Another friend of mine was in a rush situation similar to yours, except everything went completely smoothly and his agent presented him with the final signature line before full closing. He signed it, the agent took it to the escrow company,...and it should have ended there, but didn't.

They refused it. Why? Because he, the buyer, had signed his name like he signs it every day, "John J. Stevenson", but that was not his full legal name. They demanded that a new document be created and re-signed by him with his full middle name as recorded elsewhere.

Naturally "the person who did the document" was not available that day, so...

I hope you have a soft ice pack (or a bag of frozen peas) for your back. If you still have inflammation, Costco has good Ibuprofen for 10% of the retail price at drugstores.