Sellers agent fraudulent repairs

[Ausland]

What is the name of your state? Oregon

So.... we are buying a house in Cottage Grove Oregon. The house had a previous buyer, but the deal fell through. The previous deal had produced an inspection report, and the Sellers agent stated that the repairs had been completed. Groovy, yes? So we sent the same inspector through for a 'Verification of repairs', His report said that most repairs had not been performed, and that a few items that had been touched had not been done correctly. My realtor requested an invoice or something to prove that the repairs had been done. The sellers agent provided us with the original Inspection report with handwritten notes on it line by line stating this item was done, this item wasn't, etc, etc. Several of the line items were in contradiction with the verification of repairs. I.e., they said they repired it, my inspector said they didn't. The past few days, the sellers agent has been assuring us that the repairs are completed, and/or they are completing the repairs, etc. etc. etc. But, would never provide us with any documentation to that effect. So... Today, we were signing the loan documents and in the middle of that, the sellers agent shows up with an addendum to the contract that states we are buying the property 'As is', when clearly, we never intended to. Needless to say, we were a bit stunned that she did this, and then she took off stating she was headed to Portland, and the Addendum had to be signed or we couldn't close tomorrow.... Further more, she provided us the name of the contractor who had >cough< performed the repairs and this person is related to the sellers.

So, my question here is thus. The repairs, well, they are not that big of a deal, mostly recommendations. Some items have been addressed, but we don't know what. I more concerned here with the sellers agent. She has been tottally unethical not only in this matter, but a few other scenarios surronding the deal. She has a realtors license, that I want mounted on my wall. I know of the Board of Realtors, but get this, her own boss, the principal realtor in her office, is the president of the local board or realtors, so I'm not going to get any help from her. What to do?

[Shay-Pari'e]

You back out of the deal immedietly.

[Ausland]

I already paid $3,500 for a filter that is in the house due to bad water. So if I back out, I'll probably lose that.

[Shay-Pari'e]

Originally Posted by Ausland

I already paid $3,500 for a filter that is in the house due to bad water. So if I back out, I'll probably lose that.

Yep, you probably will, but this is your decision to make. Why would you have done that since the house was not closed on yet?

[Ausland]

The filter was a requirement to get the loan approved. There is arsenic in the water. Like .0000005% or something, but Oregon state law stated that was too much, the sellers wouldn't pay for it, so I was like, hmmm. OK, fine.

I haven't actually paid for the filter yet. It was just put in Yesterday. If I pull out of the deal, I guess I can refse to pay for it and then, as it is in the seller house still, the installer could put a lean against the house on it. Really don't wanna screw the Contractor guy like that. I'm na honest kinda person, but this is more than just a little insane here...

[Shay-Pari'e]

Originally Posted by Ausland

The filter was a requirement to get the loan approved. There is arsenic in the water. Like .0000005% or something, but Oregon state law stated that was too much, the sellers wouldn't pay for it, so I was like, hmmm. OK, fine.

I haven't actually paid for the filter yet. It was just put in Yesterday. If I pull out of the deal, I guess I can refse to pay for it and then, as it is in the seller house still, the installer could put a lean against the house on it. Really don't wanna screw the Contractor guy like that. I'm na honest kinda person, but this is more than just a little insane here...

You are on the hook for that filter. You cannot simply apply the bill to the sellers.

I'm sorry, but you went into this buy very blind.

My advice, pull out of it.

[Ausland]

Well, The sellers are supposed to be signing the final paperwork right now... We didn't sign the 'as is' addendum. and have no intention of signing it. I'm not going to screw over the contractor, thats just not my nature. But, if everythign falls apart, Could I put a lean on the property? I mean, I own the filter thats in the house, so they can't exactly sell it with my property in it.

[Gadfly]

Here's the parat I'm not getting.

You were at the closing table when you learned the repairs were not and will not be done.

Did't you notice this in your walk through?

[Ausland]

No, not as such. The Sellers provided us with an inspection report, the inspection report had hand written notes stating that certain repairs had been completed. I sent the same inspection company through to do a 'verification of repairs'. That inspection report came back stating that most repairs had not been done, and those that he could see that had been done were done very shoddy. We have been trying despirately to race this through to closing. My realtor has been calling the seller agent multiple times, every day, asking for some sort of proof that a lisensed contractor came in and did the repairs. Yesterdays events events were an attempt to change the quintessential pith of the entire contract by trying to force us to agree that we are buying the house 'as is'. 'As is' has major implications with regaurds to my loan and is hoalistically a fabrication on the part of the seller and the sellers agent. I have the documents to prove that. I know more repairs have been 'attempted' since the VOR inspection as we were provided a Invoice for a few items. At this point.... hell, I don't know. We are 'supposed' to do a walk through, close, and take posession of the house today.... My realtor cannot get hold of the Seller agent, they are deliberately ignoring her calls. The Sellers were supposed to sign the closing yesterday, but we have no idea this morning if they have. Christmas Miracle anyone?

[lcannister]

Sooooo instead of slowing down and getting competent advice you intent to close tomorrow then come back with a mile long list trying to figure out how you can THEN (after all the paperwork is signed, sealed and delivered) make the sellers complete repairs??

I am having a bit of a problem determining your case against the agents involved.

[IndianaOwner]

First, are the repairs significant? If not, then you'll just have to suck up those costs later.

Second, why sign an "as is" if that was not a requirement in the purchase agreement. Just refuse to sign it and insist on closing...get $ held in escrow for the repairs "just in case" they were not done as the seller agent said. If the seller's agent is so sure they were done, then she shouldn't object to the temp escrow.

This is not complicated.

[lcannister]

I haven't a clue about Oregon but some states will not close with an open escrow account of this nature.