Rough-in that was listed is not there- what to do?

[irishgator1]

What is the name of your state? VA

We've ratified our contract and have the closing on June 27. The house was listed with a rough-in for the basement, which is filled with their boxes and moving items. During the inspection, neither we nor the inspector could find the rough-in. The seller's agent said she didn't know where it was, and when asked, the home owners stated that they'd been told they had one but they'd never looked.

So now of course, we're upset because a major appeal of the house was the rough-in. We do plan on asking for money off the house because of this, but the sellers won't give us a yes or no answer as to whether they have one. They keep coming up with ways to delay it, by saying their sons were coming over to move the boxes and look. Then the sons couldn't find it. Our agent asked their agent to meet at the house and the two of them would move stuff to find it. Their agent refused and said the sellers wanted to wait for the appraisal first before we could look.

Why in the world is it so hard to say a simple yes or no? My question is, is not having a rough-in egregious enough to be considered mispresentation, and if so, do we have the right to ask them to either install one or take money off the selling price? And what do you do if their agent won't return calls, etc.?

[nextwife]

Originally Posted by irishgator1

What is the name of your state? VA

We've ratified our contract and have the closing on June 27. The house was listed with a rough-in for the basement, which is filled with their boxes and moving items. During the inspection, neither we nor the inspector could find the rough-in. The seller's agent said she didn't know where it was, and when asked, the home owners stated that they'd been told they had one but they'd never looked.

So now of course, we're upset because a major appeal of the house was the rough-in. We do plan on asking for money off the house because of this, but the sellers won't give us a yes or no answer as to whether they have one. They keep coming up with ways to delay it, by saying their sons were coming over to move the boxes and look. Then the sons couldn't find it. Our agent asked their agent to meet at the house and the two of them would move stuff to find it. Their agent refused and said the sellers wanted to wait for the appraisal first before we could look.

Why in the world is it so hard to say a simple yes or no? My question is, is not having a rough-in egregious enough to be considered mispresentation, and if so, do we have the right to ask them to either install one or take money off the selling price? And what do you do if their agent won't return calls, etc.?

A rough in for WHAT in the basement? A Bathroom/rec room? What was supposed to have been roughed in down there?

[irishgator1]

A rough-in for a bathroom...

[Cedrus]

A bathroom addition probably would call for a city or county permit. A visit to the Building Department is in order.

If the rough-in was done without a permit another problem surfaces. You need to see if it was connected to a sewer or your septic system.

[OnceUponATime]

Originally Posted by irishgator1

What is the name of your state? VA

We've ratified our contract and have the closing on June 27. The house was listed with a rough-in for the basement, which is filled with their boxes and moving items. During the inspection, neither we nor the inspector could find the rough-in. The seller's agent said she didn't know where it was, and when asked, the home owners stated that they'd been told they had one but they'd never looked.

So now of course, we're upset because a major appeal of the house was the rough-in. We do plan on asking for money off the house because of this, but the sellers won't give us a yes or no answer as to whether they have one. They keep coming up with ways to delay it, by saying their sons were coming over to move the boxes and look. Then the sons couldn't find it. Our agent asked their agent to meet at the house and the two of them would move stuff to find it. Their agent refused and said the sellers wanted to wait for the appraisal first before we could look.

Why in the world is it so hard to say a simple yes or no? My question is, is not having a rough-in egregious enough to be considered mispresentation, and if so, do we have the right to ask them to either install one or take money off the selling price? And what do you do if their agent won't return calls, etc.?

In Virginia there is a disclaimer on all MLS listings that state something like "info is believed to be accurate, but should not be relied upon without verification." If the rough-in is mentioned in the ratified contract, then you most definitely have options. If not, you still have options, but not as concrete.

The sellers probably want to wait for the appraisal to make sure it appraises at the sales price in this declining market, fearing they may have to drop the price further. You can ask them to install a rough-in, but I'm sure they will say no, and there is nothing contractually binding them to do so. Until it is verified one way or the other, there is little you can do regarding the sellers if they are choosing not to cooperate.
- Make sure your realtor informs the settlement company/attorney prior to settlement that there may be an unresolved issue, especially if it's a split settlement and you won't see the sellers at the settlement table.
-Ask your lender if they would have any problems with the seller providing you with a credit on the HUD1.
-If you can get the name of the appraiser from your lender, call and ask what adjustment would be made for a rough-in.
-Verify the issue at walk-thru, and if no rough-in, ask for a credit from the seller. If the sellers think this is a deal-breaker at the table, they just might agree.

[FlyingRon]

The building department will probably be of no use. Chances are the builder sold the "rough in" as a feature when the house was originally constructed. There's generally no point to "roughing in" a bathroom after the initial construction... you either build it or you don't.

Are you sure there is no rough in?

Even with a rough in, you'll need a NEW building permit that will bounce to the various building, plumbing and health (SEPTIC) sections before it is issued.