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damage to property before closing/after bid accepted

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maryks

Member
What is the name of your state?What is the name of your state?What is the name of your state? KS

In brief, between $2000 and $7000 worth of damage was done to the landscaping of a property that a contract of intent but not a closing had been done on. Can I get out of the deal without monetary or other repurcussions? Can I get my earnest deposit back in full? Can I get my inspection money reimbursed if this damage was done with intent of seller or sellers agent after the last contractual agreement was signed? What can I do if this was 1) actual vandalism before closing, or 2) alteration of landscaping by seller/sellers agent?

*****************************************************

If you need more detail:
I bid on a repo property that is held by the mortgagor three weeks ago, and the bid was accepted. Things have been going too slowly. Main problems, until tonight, was that buyers agent forgot to tell me that he needed to know which loan company I was going with, and then after I told him, forgot to get a clear copy of the contract to the loan company. (This guy has absolutely no organizational skills.)

Main problem now is that tonight I was passing by the property and was shocked to learn that the 10' evergreen in the front yard was cut down, leaving an ugly 3-4' tall stump, the 3-5 rose bushes in the front yard were sprayed with weed killer and laying dead in the front yard, and the center of an 8' lilac (with shoots thick for about a 4' diameter) was all chopped off in the center leaving stumps about 3-4' tall. Curb side appeal has been destroyed in total. It looks like vandalism, but it was all done in the front yard with a chain saw in the middle of town... I contacted the buyers agent, and he promised to contact the sellers agent.

Home was repod in Jan or Feb. Realty sign went up 1-2 weeks ago. Damage occurred probably in the last 1-3 days.

I know both the person that does their lawn care and one of the neighbors to that house, and plan on contacting them to get statements from both of them as to when the damage took place and who the damage was done by.

The damage done will probaby be assessed at over $4000. Can I request (and hope to achieve) any of the following:

1) cost of repair (seller/mortgagor does not agree to any repair of prior damage, but this happened after the last paperwork was signed).

2) cancellation of contract, with me getting my earnest $$ back in full, plus the cost of the inspection if the damage was done at the request of the sellers agent or seller/mortgagor.

3) any other damages???

4) lowered price due to destruction of property after original bid but before closing?

5) what can I do if the property was vandalized before closing takes place?
 


PghREA

Senior Member
maryks said:
What is the name of your state?What is the name of your state?What is the name of your state? KS

In brief, between $2000 and $7000 worth of damage was done to the landscaping of a property that a contract of intent but not a closing had been done on. Can I get out of the deal without monetary or other repurcussions? Can I get my earnest deposit back in full? Can I get my inspection money reimbursed if this damage was done with intent of seller or sellers agent after the last contractual agreement was signed? What can I do if this was 1) actual vandalism before closing, or 2) alteration of landscaping by seller/sellers agent?

*****************************************************

If you need more detail:
I bid on a repo property that is held by the mortgagor three weeks ago, and the bid was accepted. Things have been going too slowly. Main problems, until tonight, was that buyers agent forgot to tell me that he needed to know which loan company I was going with, and then after I told him, forgot to get a clear copy of the contract to the loan company. (This guy has absolutely no organizational skills.)

Main problem now is that tonight I was passing by the property and was shocked to learn that the 10' evergreen in the front yard was cut down, leaving an ugly 3-4' tall stump, the 3-5 rose bushes in the front yard were sprayed with weed killer and laying dead in the front yard, and the center of an 8' lilac (with shoots thick for about a 4' diameter) was all chopped off in the center leaving stumps about 3-4' tall. Curb side appeal has been destroyed in total. It looks like vandalism, but it was all done in the front yard with a chain saw in the middle of town... I contacted the buyers agent, and he promised to contact the sellers agent.

Home was repod in Jan or Feb. Realty sign went up 1-2 weeks ago. Damage occurred probably in the last 1-3 days.

I know both the person that does their lawn care and one of the neighbors to that house, and plan on contacting them to get statements from both of them as to when the damage took place and who the damage was done by.

The damage done will probaby be assessed at over $4000. Can I request (and hope to achieve) any of the following:

1) cost of repair (seller/mortgagor does not agree to any repair of prior damage, but this happened after the last paperwork was signed).

*** I doubt it.

2) cancellation of contract, with me getting my earnest $$ back in full, plus the cost of the inspection if the damage was done at the request of the sellers agent or seller/mortgagor.

*** Cost of inspections - definate no.

3) any other damages???

*** No.

4) lowered price due to destruction of property after original bid but before closing?

*** You can try to renegotiate the price.

5) what can I do if the property was vandalized before closing takes place?
You are dealing with the bank. The best you can hope for is that they will let you out of your contract.
 

maryks

Member
FYI/update.

Damage was done on purpose, at the mortgagor and seller's agent's request. They asked that the work be done prior to my bid, but the person they hired to do the work only got to it three weeks after my bid went through, and in the meantime the agents and mortgagor forgot they had requested the work.

So, whether it was because I had a fit, made my agent go out and look at the damage (he agreed, it was a total chop job, with much damage and no real purpose), or started asking about nondisclosure, I now get my trees trimmed, all stumps removed, and all waste removed free of charge. I still have to pay for new shrubs. Not the ideal, but some of the work needed to be done anyway, and at least my costs will amount to less than $500 at this point. (Unless the stump remover backs into the house??? :confused: )
 

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