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Josh-D. S. Davis

Xaminmo / Omnimax / Max Omni / Mad Scientist / Midnight Shadow / Radiation Master

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Today...
Josh 201604 KWP
joshdavis
SP class precludes the use of Internet resources for the most part, though relly, Netscape 4.06 on AIX is good... really.

Also, the home inspector said "I think they have foundation damage" and the buyers freaked out and cancelled the contract without ordering a structural examination.

Well, the reason the inspector said so is A) He's not a foundation specialist, B) I recaulked my windows, C) The driveway has a crack, and D) there are a few chips on the corners of the low side of the house.

Ok, my rebuttal is:
Chips on the corners of a house on a grade are normal

Stress fractures (aka, where mortar pops loose from brick on one edge in a couple of places) is also normal.

Driveways get cracks. They are thinner than a foundation and do not contain reinforcing steel bars like foundations do.

Re-caluking isn't a sign of hiding damage, it's a sign that 24 year old caulk peels away from brick.

I had the foundation inspected by a foundation specialist, who is in the business of selling foundations and repairs, who would be able to make cash off of me, who still said that the foundation looks solid, sound, and that the minor amount of movement is normal, not damaging, and is nothing to be concerned with. He doesn't understand what the problem is unless the caulk around the window threw the guy off.

SO, all that being said, I have tried valiantly to get a copy of the report that the guy gave. I'd asked him when he visited on Saturday, and he said he'd give a copy to the buyer, but not to me. The buyer's real-estate agent has been asked many times by my agent for the document. "I'll send it right now"... 2 hours later... "Oh, wait 5 mins and call this other person..." etc. Complete runaround. I've tried to call the buyer directly, but they don't answer by human or machine.

I'm even willing to pay for a structural engineer to come take a look. Granted, I'd like for him to indicate separately recommendations from requirements, because we are on a hill, and at this rate, in 35 more years, the house might move/settle enough to be a problem, but that's par for all houses around here.

Hell, I'd even be willing to have a stabilizing system put under the house to keep it from doing the normal shifting, and then fix up all of the spots where it pops nails from moving the house, but I just can't get ahold of anyone.

So our agent cancelled our trip to go see more houses to buy, because we have no-one to buy our house.

AND, I got a "payoff statement" from our mortgage, spawned by our prior but cancelled plans to refinance, saying that payoff is due on 7-01-02 and late fees are $538/day... WTF...
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sorry, babe. :(

it's gonna happen, though. I know it.

*honk* THanky... it's just frustrating. *grr* :)

<real estate agent>
its illegal for them to back out without them having a legitimate reason, assuming this was the inspection that they had after they'd made an offer.
unless they present you with adaquate proof of why, you can legally force them to purchase your house.
</real estate agent>

(Deleted comment)
If it becomes an issue, I'll find out.
I was being a smartarse when I said <real estate>, but a family member is, and I can easily ask her.

I'm pretty sure if they've given you money for the house so other people can't make you offers though, that's constitues a contract, and they're not allowed to back out of it, and generally speaking, people don't get home inspectors untill after that.

Oh, no, we had in the contract an allowance to keep it on the market in order to build up backup-offers until the whole deal was done, so we're not out anything but hope.

ah! that's at least good then.

and yes, we deposited the check... If it is stopped, then I'll get billed and a notice, and then I'll go after them for that.

The inspector's report isn't too bad... though he seems the gruff type to spook people.

Dunno, still going to have a structural engineer out for an official report.

Well, at the very least, that seems like a good idea incase this sort of thing happens again, and people generally like to see bits of paper that say "this is good".

*nod* *nod* Eye tink so. Plus, I may fix a few of the smaller cosmetic things. No one notices them except the inspectors... "oooo... the faucet stem leaks when the water is running...."

no, contingency was on the verbal offer...

We had a signed contract; however, there were options in the contract;
A) if financing fell through, then they were released with escrow.
B) If house is defective and would cost more than 5% to repair, they can get out.
C) $100 option fee was paid for an any-reason-is-ok option to cancel within 7 days of signature of contract.

Contract was dated less than 7 days from the date they cancelled. We keep $100, they get the $1k escrow back and are released.

"Buyer offers $100 as an unconditional option fee for the right to terminate this contract for any reason within 7 days . Option fee [X] Will [ ] Will Not be credited towards closing costs."

ah.
has it been 7 days or less?
do you have the cheque for the $100?

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