Getting A Runaround???

What is the name of your state? NJ

We are scheduled to go to closing on Friday 7/16. Everything would appear to have been good to go but for one thing.
Our home inspection noted that the windows in the property did not work properly - they could not be opened. (one Could be opened but it immediately slammed shut) One window had a damaged seal but we understand that is primarily cosmetic. We requested that all windows be in proper working condition before closing. Inspection was done Thurs 7/1 and the results transmitted to the seller on Fri 7/2. By our calculations, the 5 day response period ended Fri7/9 (allowing for the 7/5 observance of the Fourth of July holiday). We contacted our realtor last Wed (7/7) asking if they had heard heard anything from the seller Or his realtor (same company, different office). Our agent replied that the sellers agent had been having a hardtime contacting the seller but that he planned on contacting a contractor to take care of the windows. We received further information last night that the contractor had managed to fix all the windows except for (now) two windows that would not stay raised for which parts were needed.Repairs were hoped to be completed by Friday and if not, a credit would be offered to us.
We want the windows fixed as :
A)How do we know if the credit offered will be enough to cover the final cost
of repairs?
B) Why should we have to put out additional time & travel to allow for a repairman back into our property to fix a pre-existing condition?

Anyway, when we expressed these concerns to our agent, she said something along the lines of 'the seller is only responsible for any repairs to the structure mentioned in the inspection' . Are not windows part of the 'structure'? Are we to believe that the seller has done what he has done out of the kindness of his heart?

So my two questions are
1) Are windows that do not properly operate (as opposed to the cosmetic seal problem) part of the 'structure'?

2) The contract calls for the seller to inform the buyer what he will do
to satisfy the questions raised by the home inspection within 5 days. This would not appear to have been done -- calling a contractor and getting the problem fixed are two different things. Is the seller in default of the contract and can we back out without losing our deposit? We don't really want to but.....

Sorry for being windy and thank you for any help you can give.

[HomeGuru]

Originally Posted by tipsymcstagger

What is the name of your state? NJ

We are scheduled to go to closing on Friday 7/16. Everything would appear to have been good to go but for one thing.
Our home inspection noted that the windows in the property did not work properly - they could not be opened. (one Could be opened but it immediately slammed shut) One window had a damaged seal but we understand that is primarily cosmetic. We requested that all windows be in proper working condition before closing. Inspection was done Thurs 7/1 and the results transmitted to the seller on Fri 7/2. By our calculations, the 5 day response period ended Fri7/9 (allowing for the 7/5 observance of the Fourth of July holiday). We contacted our realtor last Wed (7/7) asking if they had heard heard anything from the seller Or his realtor (same company, different office). Our agent replied that the sellers agent had been having a hardtime contacting the seller but that he planned on contacting a contractor to take care of the windows. We received further information last night that the contractor had managed to fix all the windows except for (now) two windows that would not stay raised for which parts were needed.Repairs were hoped to be completed by Friday and if not, a credit would be offered to us.
We want the windows fixed as :
A)How do we know if the credit offered will be enough to cover the final cost
of repairs?

**A: request a letter or written proposal from the window repair contractor.
******
B) Why should we have to put out additional time & travel to allow for a repairman back into our property to fix a pre-existing condition?

**A: because the parts were not available at the time prior to closing. Or maybe the contractor was too busy.
********

Anyway, when we expressed these concerns to our agent, she said something along the lines of 'the seller is only responsible for any repairs to the structure mentioned in the inspection' . Are not windows part of the 'structure'?

**A: yes and no; and it also depends upon what was agreed to in the contract.
*******
Are we to believe that the buyer has done what he has done out of the kindness of his heart?

**A: I though you were the Buyer?
*******

So my two questions are
1) Are windows that do not properly operate (as opposed to the cosmetic seal problem) part of the 'structure'?

**A: yes and no.
******

2) The contract calls for the seller to inform the buyer what he will do
to satisfy the questions raised by the home inspection within 5 days. This would not appear to have been done -- calling a contractor and getting the problem fixed are two different things. Is the seller in default of the contract and can we back out without losing our deposit? We don't really want to but.....

Sorry for being windy and thank you for any help you can give.

**A: talk to your Realtor some more to get this resolved. Or talk to the principal broker.

A)How do we know if the credit offered will be enough to cover the final cost
of repairs?

**A: request a letter or written proposal from the window repair contractor.
******
B) Why should we have to put out additional time & travel to allow for a repairman back into our property to fix a pre-existing condition?

**A: because the parts were not available at the time prior to closing. Or maybe the contractor was too busy.

********
Again, why should we have to absorb any additional expenses?

Anyway, when we expressed these concerns to our agent, she said something along the lines of 'the seller is only responsible for any repairs to the structure mentioned in the inspection' . Are not windows part of the 'structure'?

**A: yes and no; and it also depends upon what was agreed to in the contract.
*******

Windows were neither included nor excluded

Are we to believe that the buyer

DAMN! I mean Seller.

has done what he has done out of the kindness of his heart?

**A: I though you were the Buyer?
*******

Again, DAMN! I meant seller

So my two questions are
1) Are windows that do not properly operate (as opposed to the cosmetic seal problem) part of the 'structure'?

**A: yes and no.
******

Anyone else???? Bueller????? Bueller?????

2) The contract calls for the seller to inform the buyer what he will do
to satisfy the questions raised by the home inspection within 5 days. This would not appear to have been done -- calling a contractor and getting the problem fixed are two different things. Is the seller in default of the contract and can we back out without losing our deposit? We don't really want to but.....

Any comments on this question?


Again Thank you

[faithandhope]

A failed seal is not a cosmetic item. It is what keeps a double-paned window from becoming"fogged". In Texas, a window with a broken seal would be marked "not performing the function for which intended" and a request could be made for replacement. Windows are considered part of the structural system in an inspection report, along with roof, doors, ceiling, floors, etc.

[HomeGuru]

So what is your Realtor doing to resolve the issue?

I am sure you were all waiting with baited breath for a reply.
Through our agent, we have asked the seller to provide us at closing with a notarized statement saying he will be responsible for the repairs in question.
This is a variation on one of the responses I did receive.
In all liklihood, the repairs will be completed before then.
PS, At least in NJ, broken or damaged double paned window seals are considered to be 'cosmetic' as far as a home inspection goes.

Thank You for your time and comments.

[faithandhope]

Interesting. NJ might think about changing the requirement from cosmetic, it would make more sense. Thanks for the update. Best of Luck.

[Souix]

Just my 2 cents here. A failed seal in a double paned window is normally not a lender required repair, i.e., one that would cause dry rot to the structure. So, yes, a failed seal could be considered a cosmetic repair simply because it looks bad.

[faithandhope]

On the TREc listed requirements the reason that a failed seal or glazing has to be mentioned on a double-paned window is because it can trap moisture between the panes and also cause mold in addition to looking "fogged". Good thing it's not always lender required because you find that majority of windows with the double-panes are failed within the first few years and it is expensive to replace them (we have a new house and they went out before the end of the first year). Realtors go crazy with all of the windows that inspectors have to write up, and we don't blame them. Even using windex can lead to failure of the seals.

[HomeGuru]

Originally Posted by faithandhope

On the TREc listed requirements the reason that a failed seal or glazing has to be mentioned on a double-paned window is because it can trap moisture between the panes and also cause mold in addition to looking "fogged". Good thing it's not always lender required because you find that majority of windows with the double-panes are failed within the first few years and it is expensive to replace them (we have a new house and they went out before the end of the first year). Realtors go crazy with all of the windows that inspectors have to write up, and we don't blame them. Even using windex can lead to failure of the seals.

**A: what a pane.