When Buyers and Sellers Disagree Over Requested Repairs
Can You Believe Buyers and Sellers Disagree Over Requested Repairs?
“Did too! Did not! Did too! Did not! Did too! Did not!”
No, I was not stuck in a perpetual sibling dispute between Wally and the Beave this week. Just knee deep in a battle where Mission Viejo buyers and sellers disagree over requested repairs which the seller agreed, in writing, to complete prior to the buyers’ final walk though . And you know that I do follow my own advice, so all 19 of the buyer’s requested repairs were made in a sentence that included a verb in an effort to eliminate the chance that the buyers and sellers disagree over requested repairs. At final walk through, the seller’s remedy on just one of the 19 items came up just a tad bit short of the buyers’ requested action. And that one item had to do with a particularly creative air conditioning coolant line installation. Rut Ro.
Add in that we were supposed to close escrow on the last business day of August, which also happened to be the Friday before Labor Day Weekend. Then add that we experienced oppressive heat and humidity the entire Labor Day weekend and every AC tech in the county was triple booked. Then add in that the lender required the buyers to submit confirmation, in writing, that each of the 19 agreed upon repairs was completed before they’d fund the loan .
Welcome to my world. Waiting for the HVAC tech who took his crew deep sea fishing off the coast of San Diego for the holiday weekend to be able to provide a more industry standard approach to re-routing the creative air coolant line installation, and could only do that on Tuesday after Labor Day between 3 – 5 PM. Ditto the HOA manager to return from vacation on the Tuesday after Labor Day to answer questions sent via email, with photos other salient details, about the legitimacy of the current creative air conditioning installation and any punitive actions the buyers might inherit since the creative approach to the routing of the air coolant lines might not be remedied before they became the home owners. Thirty-six emails, 54 phone calls, and 78 text messages later, and two HVAC tech bids later, when everyone got back at work on Tuesday, we’re still miles apart. And the only way my buyers get to move in is if we can get everyone on the same page.
The question becomes – How do we get everyone on the same page? The first task is to differentiate between non-negotiable and negotiable items. In this case, the three non-negotiable items are:
- The FHA lender, who won’t fund the buyers’ loan unless all of the requested repairs, deemed by the FHA lender to be health and safety items, are confirmed to have been completed.
- The HOA manager deemed the creative air conditioning solution installed by one of the former owners of the flip condo (oh yes, this is the flip we just talked about a couple of weeks ago,) and the one item not addressed by the seller as the buyers intended, is not acceptable to the HOA as it may invalidate the roof insurance policy.
- Any solution to the creative air conditioning installation must follow the HOA’s CC&Rs Architecture Control Procedures, a process that can take 45 days or longer. We’re trying to close escrow today.
I’m sure you’ve guessed what the negotiable items are, right? Who pays for the repair, how much they pay, and when they pay it. I’m lacing up my boxing gloves and I’ll keep you posted. There’s no giving up in Mission Viejo real estate especially when buyers and sellers disagree over requested repairs.
I’m Leslie Eskildsen, your Mission Viejo Realtor.
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