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vjustice4all | I put in a offer on a home and it was accepted. Unsure of the house now. What would you do? |
I put in a offer on a home in san diego california. The offer was accepted. I will be putting down 73 thousand dollars of my mom's money. Thats a lot of money. This house is a fixer and I don't have money to fix it. I have a boyfriend that agreed to give me 10 thousand dollars to fix it up. I am going back and forth about the house because I personally don't have any money to put into it and also I realized that I will be living next door to very junky people. I just don't know what to do. I like the house. The only thing that I don't like is the fact that it has a swimming pool, no garage, washer and dryer has to go outside and the house is very very close to those next door neighbors. I just don't know what to do. What would you do in this situation? Also, I think that all of the copper plumbing is gone from under the house because the neighbors came out and told me so. Thank you in advance for your answers.
Additional Details
Spoke to my Realtor today and he said that there is a good possibility that I can get out of the contract without a inspection. Haven't turned in my Earnest money deposit yet. The offer was just accepted on Thursday. |
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Raybay
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1. Turn on the news and watch for 10 minutes
2. Take what you learn (only takes about 10 minutes of watching the news to realize you are doing exactly what other people have done that have absolutely destroyed our economy), find a time machine and go back and un-do it.
Why were you looking at houses when you had to borrow money from your ma and boyfriend just for a downpayment and to fix it up?! That's just ridiculous!!!!
If I was the seller and you backed out because you didn't turn on your brain until you signed the contract, I would keep your earnest money deposit... and then if I sold the house for less I would sue you for the difference. That is legal these days when people cancel contracts without a good reason.
If your inspection comes back with major problems then maybe you'll get lucky. Again, please watch the news. When you're buying a foreclosure you have to do twice as much work to research before signing, sounds like you did absolutely none. |
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RM
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Number one- if you didn't have a down payment and had to borrow it from your mom you should NOT have been looking to buy a house int he first place.
Did you put down earnest money? If you did and back out without a bad inspection or bad appraised value, the seller can probably keep that.
Think of the seller in this case. They're probably elated to be selling their house and are out looking for a new place... and you're going to just dump them like that because suddenly you realized you made a mistake? Maybe you should've thoguht it through a little bit more before signing on the dotted line. Did you not realize the 30+ year committment you were undertaking? I think it would be ignorant for you to leave the sellers hanging and I say you need to learn from your mistakes and go through with it. But people today don't have a conscience- so if you don't, go ahead and back out of it as long as you can live with your decision.
Keep in mind that if you back out and the seller can't find someone to buy for that price and winds up losing money, they have every right to sue you for losses and infringement/cancellation of a valid contract. |
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minoltabrian
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No offense but it is a little late to get cold feet after you put an offer in on the house. Since you put an offer in you need to find out if there is a penalty to resind your offer. Most of your issues you should have thought about before you put in your offer. I would check to see if you can remove your offer if you are not happy, and live with a penalty if you get one. |
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elisabeth h
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I'm in the mid of buying an condominium too. The differencee is i have not throw in the offer yet. Its only your heart can make the decision, no body can! You must ask yourself, the first option, you're gonna fight till the end and will carry on with the offer. Are you able to live in the kind of neighbourhood, with swimming pool but no garage, house is close to each others. and if one day you're going to sell this property, will there be anyone interested in this kind of 'fixed' situation?
Second option is, you will just forfeit the downpayment. would you rather loose part of the money (you gotta check how much money will you loose if you back off) and ask yourself if you can live with your pocket has lesser money rather than putting down your mother money for the house that you're not sure of. |
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Gertie
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You should have thoroughly checked the house and neighborhood over before putting in an offer. |
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Real Estate Guy
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no earnest money, no problem. |
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Dan B
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In AZ, you have a period of time for the inspection process by a professional inspector. If there are any major problems that would not have been seen during your normal observations, you can cancel the deal, even if the house is a fixer upper.
The asking price is what the seller wants. Your offering price is your best offer based upon what you observed. If the inspecter found major termite damage (that you are not qualified to evaluate), or plumbing problems (that you are not qualified to evaluate),or structural problems (that you are not qualified to evaluate), or major electrical problems (that you are not qualified to evaluate), then the deal can be canceled on these or similar grounds. Cold feet is not one of the grounds.
If the copper plumbing is missing, then the deal can be canceled. Did the seller misrepresent anything about the house, like the plumbing? Get a SPDS list. It's a seller's property disclosure statement. They are suppose to list all known defects.
http://www.re.state.az.us/PUBLIC_INFO/Documents/Every_Buyer_Is_Entitled_To_A_SPDS.pdf
Granted this is an AZ document, but it should be applicable to every real estate transaction. If you have trouble with the link, e-mail me.
RM: Your comment is not professional. How about the seller misrepresenting the overpriced property to the buyer? That's been done to me, and I'm upset about that! House inspections do not cover these types of misrepresentations. |
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Su
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Just because your offer was accepted..you still have other contractual obligations, to which you may use to get out of the transaction. The sooner you act the better. For one, check with an attorney immediately as to the time frame and legalities for these:
Attorney approval, mortgage committment date, appraisal, home inspection to name a few, all of these must be complete and satisfactory in order for the deal to actually get to closing..time is of the essence...do no wait..get a real estate attorney now! |
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bonsai
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Doesn't sound, you are ready to own a house. Pull out of it, ask a lawyer how, it costs you only $200 to ask one. |
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Ross
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You could loose any money you have given to this point an could be sued by the seller for anything they have lost to this point. You should have considered your problems before you made the offer.
BUT if there is a problem with plumbing that the seller is aware of and does not disclose this to you they are responsible for fixing the plumbing. Check your offer to see if there are any contingencies about home inspections, you maybe able to get out of the contract if it doesn't inspect the way it should, or the seller doesn't agree to fix what needs to be fixed. You may be able to use this against them to get out of the contract, even if there is no contingencies or the time has expired for am inspection. Let your Realtor know what you have discovered. Also talk to the neighbors and ask them how they found out about the bad plumbing, Worst comes to worst you may need them in court to testify. Bad plumbing would be considered a defect in the house that would be required, by law, the seller disclose if they are aware of the problem.
ADD: Another thought, not sure it is a good one so check with an attorney. Ever contract I have ever seen is contingent on financing. Tell them you lost the 10k from your boy friend or the 73K from you mom and know you can't get the financing. Again, I am not sure this a good idea it is just a thought. Check with an attorney. |
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Eternal Optimist
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Hopefully you have an atty that gives you an out on this home... Seems to me you are not in a position to buy this home or have you thought it out fully. Further, Calif. is really a mess from what I can tell from the news and values may fall further.. Better to wait. Also considering you indicate you do not have the money to fix I say do not buy now.
I also caution you from using your boyfriends While things seem good now, you never know and if the relationship goes south he will go after you for the money. Use a realtor to buy...
Should you need an expert in Real Estate to talk to, contact your local RE Board for a list of companies... ask friends for recommendations or look for a company that does relocation referrals for good advice and a referral recommendation. |
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Alterfemego
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I hope your realtor insisted you have an inspection?! While we don't have all the particulars about how the offer was written, you could potentially opt out if the inspection tells you that the repairs would exceed your financial capabilities. |
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