Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-19-2005, 08:26 PM
Junior Member
 
Join Date: Apr 2005
Posts: 21

Pet damage carpet, seller doesn't want to fix


What is the name of your state? NC
Seller didn't disclose the existence of cats and dogs in the house. Carpet damage by cat and dog was found during inspection. We are pet allergy. We ask the seller replace the carpet and they refused. Can we ask our money back? We have signed the offer and gave the deposit.
thanks
steven
  #2  
Old 04-19-2005, 10:06 PM
Member
 
Join Date: Sep 2003
Location: anywhere
Posts: 102
Thumbs up

Pet Damage


Quote:
Originally Posted by ssmart
What is the name of your state? NC
Seller didn't disclose the existence of cats and dogs in the house. Carpet damage by cat and dog was found during inspection. We are pet allergy. We ask the seller replace the carpet and they refused. Can we ask our money back? We have signed the offer and gave the deposit.
thanks
steven
In CA as long as you haven't release contingecy , you have the right to cancel based on the inspectin that you have done..hopefully you used a Realtor and that you made an offer contigent upon buyer's inpection of the property. and hopefully ca and ny law are almost the same

John
  #3  
Old 04-20-2005, 06:54 AM
Senior Member
 
Join Date: Sep 2004
Location: Pittsburgh (North Hills)
Posts: 1,572
Or, if you really want the property, rip up the carpet, get the place deorderized and install new carpet yourself. I really don't think this should be a deal breaker.
__________________
If you're lucky enough to be Irish, you're lucky enough!
  #4  
Old 04-20-2005, 09:45 AM
Member
 
Join Date: Sep 2003
Location: anywhere
Posts: 102

deal breaker


you might do that
ask for carpet credit.....
  #5  
Old 04-20-2005, 10:06 AM
Member
 
Join Date: Jan 2004
Posts: 106
Quote:
Originally Posted by ssmart
What is the name of your state? NC
Seller didn't disclose the existence of cats and dogs in the house. Carpet damage by cat and dog was found during inspection. We are pet allergy. We ask the seller replace the carpet and they refused. Can we ask our money back? We have signed the offer and gave the deposit.
thanks
steven

How or why would you put in an offer and give a deposit without first doing a full inspection of the house? What about having the carpets professionally cleaned?
__________________
Thanks !!
  #6  
Old 04-20-2005, 10:33 AM
Member
 
Join Date: Sep 2003
Location: anywhere
Posts: 102
Lightbulb

Quote:
Originally Posted by luvbskts
How or why would you put in an offer and give a deposit without first doing a full inspection of the house? What about having the carpets professionally cleaned?
Some Seller are smart and listen to the advise that Real Estates
agents give to them such as doing pre-inspection (homes and pest) before the home goes on the market. Some do not, so the only way that buyers
can do inspection is if the buyers made an offer, have the offer accepted
and then they do inspection. I believe the carpet is too damage to be pro cleaned at this point. plus it's gonna be expensive for buyers to do inspection on homes if they are not sure they will get the offer accpeted.

$$my dollar worth of advice$$
  #7  
Old 04-20-2005, 01:29 PM
Junior Member
 
Join Date: Apr 2005
Posts: 21

any professional opinion is welcome


Indeed, we'll ask for carpet credit, but the offer we have given is a NC standard contract and this pet contaminated carpet issue was not found by that time and not mentioned. House inspection was done after seller accepted the offer. Carpet damage was treated as cosmetic problem by them and not covered in the offer. To us, it's a healthy issue, not cosmetic nor structural issue. The offer is already higher than the market and we don't want to put moe money in the carpet. Any legal advice? The bottom line is we want the house and don't want to pay for the carpet.
thanks
  #8  
Old 04-20-2005, 08:12 PM
Member
 
Join Date: Sep 2003
Location: anywhere
Posts: 102
Lightbulb

Quote:
Originally Posted by ssmart
Indeed, we'll ask for carpet credit, but the offer we have given is a NC standard contract and this pet contaminated carpet issue was not found by that time and not mentioned. House inspection was done after seller accepted the offer. Carpet damage was treated as cosmetic problem by them and not covered in the offer. To us, it's a healthy issue, not cosmetic nor structural issue. The offer is already higher than the market and we don't want to put moe money in the carpet. Any legal advice? The bottom line is we want the house and don't want to pay for the carpet.
thanks

your Real Estate person should negotiate this for you...
I would in your position create an addedum and ask for this credit to replace
the carpet or have seller credit you at close of escrow. Ys you do have an accepted contract and it doesn't mean that you don't have the right to
ask for more if an inpsection found something that you didn't like or
didn't know at the time of the offer. if you and seller can't come to and agreement, you have two choices, either you take the home " in present condition" or back out...I dont think this is a legal issue since where you can sue seller if they refuse to repair something that's wrong with the home
except maybe if the home violated some city, county law something.
SO again, make your RE guy ask for this credit, negotiate is the keyword..

$$dollar worth of advise$$
  #9  
Old 04-21-2005, 12:55 PM
seniorjudge
Guest
 
Posts: n/a
Quote:
Originally Posted by ssmart
What is the name of your state? NC
Seller didn't disclose the existence of cats and dogs in the house. Carpet damage by cat and dog was found during inspection. We are pet allergy. We ask the seller replace the carpet and they refused. Can we ask our money back? We have signed the offer and gave the deposit.
thanks
steven
ssmart is a major pain according to his/her own posts:

[url]http://forum.freeadvice.com/showthread.php?p=939758#post939758[/url]
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:00 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.