Issues with selling a house...

[aquadog]

I know it's totally off topic but pretend Howard is trying to sell his castle. I just know you guys are all smart and have a lot of life experiences and I wanted to see what you thought. We put our house on the market last week and got two offers right away. It an attractive house--built in the late 90s but we've always been aware that it was built cheaply. The first offer dragged things out, brought in contractors, etc. They withdrew their offer when they said that our windows were installed improperly and it was causing rot. Total repairs would be around 20,000. Now our realtor says we have to disclose this to our second offer or get it in writing from another contractor that the windows are fine. It just sucks that this contractor can say whatever and we've got to disclose this to any other buyers. Have you guys had any experiences like this when selling. This sucks!

[AGT Blows]

Your realtor fucked up. Never get any details when your house fails inspection. The less you know, the less you have to disclose to the next buyer. BTW, the banks aren't lending, so hope to get a cash deal.

[Lester]

Yes you must disclose this information. Before you do get a second opinion.

[joyceface]

you gotta disclose. even if you have ghosts in your house.

[racerx]

i dont know anything about anything, but what if they said you didnt have enough chimneys and everything in your house sucks, would you then have to tell other buyers, "everything in our house sucks"
how do we know that contractor is legit or accurate

[FSFN]

Have you tried hiring a behaviorist?

[aquadog]

Your realtor fucked up. Never get any details when your house fails inspection. The less you know, the less you have to disclose to the next buyer. BTW, the banks aren't lending, so hope to get a cash deal.

That's kind of what I think. I don't want to know. She said we had to find someone to put in writing that the windows are fine. I don't think we'll be able to do that. Looks like we'll be taking the house off and fixing stuff. Ugh.

[BethSucks]

ABT Blows is right. Your realtor should have kept it vague. But you can get another contractor's opinion for your disclosure. Assuming your windows do have a problem there could be other ways to mitigate it that are far less costly, possibly something you could do which would allow you to say the issue is resolved.

[SouthernListen]

Your realtor fucked up. Never get any details when your house fails inspection. The less you know, the less you have to disclose to the next buyer. BTW, the banks aren't lending, so hope to get a cash deal.

I'm guessing you're not an ethics professor.

[DlistCelebutard]

I'm guessing you're not an ethics professor.

AGT is correct, if you didn't know how it, you don't have to disclose it, but given it has been brought to light, the windows are considered a material defect, then it must be disclosed to buyers. Don't lower the listing price but use it as a negotiating tool. And if the windows are leaking, you need to have a mold check immediately. You could have some more serious issues.
And yes, you do need to hire your own home inspector...get your own! Do NOT take the one the realtor recommends. Not a builder, contractor etc...an actual home inspector. But only ask him to inspect the windows, nothing else, or you may have to disclose other stuff he finds.
And PS you DON"T have to disclose stuff like your house has ghosts....

[Zarathustra]

when you finally sell your house and are getting ready to buy a new house, do you want to buy something and find out it needs major repairs? get your place fixed up before you sell. don't screw over the next owner. we had someone try that when we were buying and luckily found out before anything was finalized.

[DlistCelebutard]

That is what a Home Inspection is for before you buy a house. You need to get your own Home inspector b/c unscrupulous real estate agents will use theirs, he will not disclose defects so there can be a quick sale, and the buyer gets screwed.

[aquadog]

when you finally sell your house and are getting ready to buy a new house, do you want to buy something and find out it needs major repairs? get your place fixed up before you sell. don't screw over the next owner. we had someone try that when we were buying and luckily found out before anything was finalized.

NO we aren't trying to do that. We're going to get another contractor to look at it. I was just surprised that anything the seller's inspector or contractor says has to be disclosed to the next seller. A lot of inspectors include tons of little nit picky things. We're basically going to try to get our backup buyers to agree to a 20,000 price reduction. We need to move and don't want to take on that kind of repair with little kids.

[1Vegasgirl]

That's kind of what I think. I don't want to know. She said we had to find someone to put in writing that the windows are fine. I don't think we'll be able to do that. Looks like we'll be taking the house off and fixing stuff. Ugh.

I disagree. It is in your best interest (and it is the law) to disclose any material fact that you are aware of that could effect the sale. You also will be better off, because if the perspective buyer finds out on their own, it could ruin your sale, which it seems is what happened. Depending on the State you are in, your Realtor must also fill out his or her own disclosure. Better to be upfront, also because if something is found out later that you knew about and did not disclose, you could get sued - you know, misrepresentation and all that stuff. Good luck!

[DlistCelebutard]

you could get sued - you know, misrepresentation and all that stuff. Good luck!

You'll never get sued...b/c it is on the BUYER to discover any defects through a home inspection. However Vegas Girl is correct in saying that if you disclose stuff up front, it will expedite you home sales, b/c buyers know what they will have to fix. And they will find it out through a home inspection.

[WillyBest]

That's kind of what I think. I don't want to know. She said we had to find someone to put in writing that the windows are fine. I don't think we'll be able to do that. Looks like we'll be taking the house off and fixing stuff. Ugh.

Look on the bright side: at least you don't have a piece-of-shit, shoddily constructed Mom Cave bringing down the value of your house!

[DlistCelebutard]

But does your house have a shoe carousel? And a port hole window???? If so, I will buy your house sight unseen!!!

[WillyBest]

Don't forget:

#1. A place for you to sit.

It's all those damn rooms in my house that have no place to sit! If only I hadn't told my contractor to save money by skipping the floor!!!

[Mlaw]

You'll never get sued...b/c it is on the BUYER to discover any defects through a home inspection. However Vegas Girl is correct in saying that if you disclose stuff up front, it will expedite you home sales, b/c buyers know what they will have to fix. And they will find it out through a home inspection.

Oh they could very well get sued, they buyers may not have a case, but that doesn't prevent them from making his life a living hell. Believe me.

These are questions you should be asking your broker and lawyer. Every state is different, when it comes to disclosures.

This article is from Texas, but it's pretty on the mark. Your agent is an extension of you, so they can't keep info from you, to insulate you. If they know something, the the legal presumption is that you knew or should have known it too.

http://www.nachi.org/documents/discl...on-reports.pdf

[DlistCelebutard]

Oh they could very well get sued, they buyers may not have a case, but that doesn't prevent them from making his life a living hell.

You are correct, anyone can sue for anything....but the tough part is proving the sellers knew about a material defect..and it is still the buyers responsibility (per the lender) to get a home inspection