Seller won't make specific repair

[sunnyside]

What is the name of your state? CA

I 'm in my 3rd week of escrow in purchasing a $465,000 house. The home inspection showed a sub-flooring damage due to water leakage by the shower. The shower door is misaligned (water splatters out the door as soon as the shower is turned on) and can't be opened unless it's lifted (door is being caught on the tracks) . The 120 sq ft bathroom by the way is wholly carpeted. These two combined caused a big water damage. We requested that the shower be repaired or replaced and the sub-flooring replaced. They refused to replace the shower door but agreed the repair. A few days later my agent informed me that they fixed the shower door and the sub-flooring fixed. The word fixed is a bit questionable.

I asked for a written confirmation on how they fixed the subflooring but the seller's agent is hesitating but I'm standing my ground. I told them again the second time that I want the written confirmation. For all I know, the contractor just sealed it. Anyways, me and my agent went to see the repairs. Lo and behold, the contractor fixed the bathroom door by filing the tracks and so of course opening the door is easier. I found this repair to be unacceptable. Very shoddy!! Upon inspection the carpet was very wet and water seeping out to the carpet. Looks like someone just took a shower before we arrived. I feel like they really didn't fix anything. We can't lift the carpet to inspect the subflooring. I sent another 4th Request to Repair yesterday and haven't heard anything. I have a gut feeling they will refuse the second time to repair or replace the shower case.

Another problem is they neglected to turn on the sprinklers for a week. They totally ruined the beautiful lawn. It was all dead and brown. The owners replaced a 10 x 10 portion with a different type of grass and therefore it doesn't blend with the rest of the lawn. It just looks horrible. The backyard is 800 sq. ft. And now the whole backyard is ruined. I requested that they replace it with the same type of grass.

I don't have another $5000 to redo the backyard as well as repair the shower case. I'm also worried too that the subflooring wasn't really replaced and that would cost probably another $3000. They won't show me a written report. So what's my recourse here if they refuse my requests the second time? Do I have the right to back out? This is a half a million dollar house and I expect to get my money's worth. This house is only 8 yrs old.What is the name of your state?

 

[xylene]

What is the name of your state? CA

I 'm in my 3rd week of escrow in purchasing a $465,000 house. The home inspection showed a sub-flooring damage due to water leakage by the shower. The shower door is misaligned (water splatters out the door as soon as the shower is turned on) and can't be opened unless it's lifted (door is being caught on the tracks) . The 120 sq ft bathroom by the way is wholly carpeted. These two combined caused a big water damage. We requested that the shower be repaired or replaced and the sub-flooring replaced. They refused to replace the shower door but agreed the repair. A few days later my agent informed me that they fixed the shower door and the sub-flooring fixed. The word fixed is a bit questionable.

I asked for a written confirmation on how they fixed the subflooring but the seller's agent is hesitating but I'm standing my ground. I told them again the second time that I want the written confirmation. For all I know, the contractor just sealed it. Anyways, me and my agent went to see the repairs. Lo and behold, the contractor fixed the bathroom door by filing the tracks and so of course opening the door is easier. I found this repair to be unacceptable. Very shoddy!! Upon inspection the carpet was very wet and water seeping out to the carpet. Looks like someone just took a shower before we arrived. I feel like they really didn't fix anything. We can't lift the carpet to inspect the subflooring. I sent another 4th Request to Repair yesterday and haven't heard anything. I have a gut feeling they will refuse the second time to repair or replace the shower case.

Another problem is they neglected to turn on the sprinklers for a week. They totally ruined the beautiful lawn. It was all dead and brown. The owners replaced a 10 x 10 portion with a different type of grass and therefore it doesn't blend with the rest of the lawn. It just looks horrible. The backyard is 800 sq. ft. And now the whole backyard is ruined. I requested that they replace it with the same type of grass.

I don't have another $5000 to redo the backyard as well as repair the shower case. I'm also worried too that the subflooring wasn't really replaced and that would cost probably another $3000. They won't show me a written report. So what's my recourse here if they refuse my requests the second time? Do I have the right to back out? This is a half a million dollar house and I expect to get my money's worth. This house is only 8 yrs old.What is the name of your state?

This is what you get when you buy a McMansion you can't afford.

Your spending the 465 k! What does your lawyer say?

If you can back out or not depends on the specifics of your contract doesn't it. Way to go on signing a contract you didn't understand or at least have someone to help you with it.

Enjoy your little .9 acres of imperial valley suburbia while gas is still under $3.50 and your electric bill is less than 20% of your mortgage.

 

[PghREA]

Well you have 2 choices - maybe only one depending on how the home inspection clause is written in your contract.

#1: Accept the home "as is" and make the repairs yourself.

#2: See if you can back out of buying the home based on the Home Inspection.

 

[sunnyside]

This is what you get when you buy a McMansion you can't afford.

Your spending the 465 k! What does your lawyer say?

If you can back out or not depends on the specifics of your contract doesn't it. Way to go on signing a contract you didn't understand or at least have someone to help you with it.

Enjoy your little .9 acres of imperial valley suburbia while gas is still under $3.50 and your electric bill is less than 20% of your mortgage.

Hey xylene: Thanks for opening my eyes. You are absolutely right. Why buy something that I can't afford? Actually I have other properties I plan to sell in the next few months and pay off the remaining balance of $354,000 but the bubble is bursting and I might lose a percentage of my investment which would hurt badly since I'm already 45 and my husband's 60. I don't want to be broke when I retire.

Thanks too for pointing out to read my contract. Dahhhh...I didn't even think of that!! Stupid me. Well, there's a Buyer Advisory Notice addendum that states I can back out without repercussions if the seller refuse to repair. I'm really glad I posted this question.

 

[justalayman]

Thanks too for pointing out to read my contract. Dahhhh...I didn't even think of that!! Stupid me. Well, there's a Buyer Advisory Notice addendum that states I can back out without repercussions if the seller refuse to repair. I'm really glad I posted this question.

Then why are you here. Your contract gave you your options.

Thanks for wasting the time of those willing to give it.

BTW: you were the one crying about the cash. Re-read your post and you will see how much it sounds as if you cannot afford this home.

I don't have another $5000 to redo the backyard as well as repair the shower case. I'm also worried too that the subflooring wasn't really replaced and that would cost probably another $3000.

 

[sunnyside]

Then why are you here. Your contract gave you your options.

Thanks for wasting the time of those willing to give it.

BTW: you were the one crying about the cash. Re-read your post and you will see how much it sounds as if you cannot afford this home.

YOU ARE ONE MEAN MISERABLE PERSON!! You surely have anger management issues. Did your parents raise you to be like this? I bet they're so proud of their psychotic offspring. I was just happy that xylene made me rethink. There wasn't any malice in what I said!! And you think I'm wasting someone's time when they only spent probably 5 minutes of their time reading and typing their opinions.? Wow, you must be on drugs or something. One advice, go see a psychiatrist or psychologist and I hope they prescribe you a Prozac, you miserable piece of $@%&! You're the one wasting my time. Go see a doctor or a priest......Hopefully by the time you're out of the asylum, you've calmed down. So sorry for your parents. The way you posted your comment made you look so dumb and stupid in the eyes of the public.:

 

[justalayman]

YOU ARE ONE MEAN MISERABLE PERSON!! You surely have anger management issues. Did your parents raise you to be like this? I bet they're so proud of their psychotic offspring. I was just happy that xylene made me rethink. There wasn't any malice in what I said!! And you think I'm wasting someone's time when they only spent probably 5 minutes of their time reading and typing their opinions.? Wow, you must be on drugs or something. One advice, go see a psychiatrist or psychologist and I hope they prescribe you a Prozac, you miserable piece of $@%&! You're the one wasting my time. Go see a doctor or a priest......Hopefully by the time you're out of the asylum, you've calmed down. So sorry for your parents. The way you posted your comment made you look so dumb and stupid in the eyes of the public.:

I read your reply as sarcasm. Especially considering your reponse of:

Hey xylene: Thanks for opening my eyes. You are absolutely right. Why buy something that I can't afford?

Actually I have other properties I plan to sell in the next few months and pay off the remaining balance of $354,000

but the bubble is bursting and I might lose a percentage of my investment which would hurt badly since I'm already 45 and my husband's 60. I don't want to be broke when I retire.

I still believe it was. If it wasn't, at least your confession of stupidity would fit.

But what is even funnier is the fact that you are calling me psycho and excited, look at your last post. There is truly anger and psychotic written all over that one.


BTW: Mom's dead but Dad is proud.