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Profile picture for SlickPoetry

Today we took a second look at the house we like. My plan was to walk through it very critically and if everything seemed good to put in an offer. Well, we didn't put in the offer. Here's the deal:

 

1. The seller's contingency didn't list anything, other than they wanted to sell the house "AS IS."  This was was not listed as an as-is house in any online MLS listing. I think this was very deceitful to spring this on us after hooking us in with an ad. Is this a normal practice?

 

2. We finally were able to look inside the garage, which is a one-car detached garage. We did not see the inside of the garage on our first trip. Although there is no mold that I see inside the house (I am not a professional inspecter and I will have an inspection done if we get a contract), I was upset to see the lower part of one interior wall of the garage is covered in several walls with patches of black mold. Although its just a detached garage and not living space, according to my realor it will still present a problem when it comes time to get a city inspection done. Of course we're unhappy to see this, and even unhappier if the seller's last minute "as-is" disclosure means they won't fix it before closing. Can we still ask them to fix it anyways? If they don't, will we be able to get a credit from them at closing to fix it? If they choose to just ignore it and not fix it/credit us we will probably have to walk away from the house we liked best. I am very discouraged by it all.

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November 13 2008 - US

Replies (8)

Profile picture for SlickPoetry

that one sentence should read "covered in several places"

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November 13 2008
Profile picture for Teia93

You can use a company that treats MOLD to fix it, they also have Mold Bonds now similar to Termite Bonds.  If they are selling it "asis" then you would be held liable for the charge of fixing it, I would just reflect that in your offer, by offering a deeply discounted price and show the sellers how you are willing to buy the home and take the problem off of their hands.  The Mold is only going to get worse if it goes untreated. Pitch it to their agent so the agent will relay the message in your benefit.  You might be able to steal the house.   

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November 13 2008
Profile picture for Herrons Homes
You can always ask the seller to fix it no matter what they say in their advertising or anywhere else. But they can always say "no" no matter what is in their advertising.

The thing with this type of issue is that most likely ever buyer will find the issue so they are either going to have to fix it, discount the price, give a credit at closing, or not sell. Plus after you disclose it to them, they will now have to disclose it to every buyer. I'd propose that to them when you right the offer, like teia said.
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November 14 2008

SlickPoetry,  In my experience there are almost no properties in this market that are "Sold AS IS".  Even those who clain this status will deal either on repairs or price.  I would suggest you ignore the contingency and make an offer that requires the repair.  If they still refuse, lower the offer by the amount of the needed repairs.  One way or the other you can get the home you want, with the issues addressed.

 

Good Luck!

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November 14 2008
Profile picture for frisky1

"As Is" doesn't mean anything. Its kind of like an asking price or a zestimate--not always based in reality and often quite different than the eventual selling price. I'm not sure I'd consider it deceiptful, and I would welcome it as an opportunity to take a big whack off the asking price.

 

Everything is negotiable and as long as you keep the inspection contingency in the contract you can ask them to fix anything that comes up. If they want to walk away from you then, well thats the chance you and they take.  If you want to deal with it upfront, get estimates now for what you think the issues are and take that off the offer price and be generous to yourself. but still ask for fixes or money if other issues arise at the inspection. Mold can be a big deal so definitely look into it before you are bound by a contract.  Make sure you don't give up your right to walk away if the inspection isn't to your satisfaction. Get an attorney!

 

don't be in a hurry, you're better off playing hardball and walking away.  If they're reasonable, give them some time and let them think about losing you. If they're not reasonable, they're probably not worth your time.

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November 14 2008
Profile picture for CKHighland

frisky is right, play hardball and be willing to walk away. This is poker, and you have the better hand. This is a buyer's market, with houses taking more than 6 months to sell. If they really want to be unrealistic and let you walk away, then they are ... foolish.  

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November 14 2008
Profile picture for HardHeadAgent

Can we still ask them to fix it anyways? If they don't, will we be able to get a credit from them at closing to fix it? If they choose to just ignore it and not fix it/credit us we will probably have to walk away from the house we liked best. I am very discouraged by it all. 

 

"As Is" is when the sale is Final. It doesn't mean you cant ask him to give you the world. In this particular matter I would have it preinspected before negotiating a  offer. You can use your inspection as AMMO! Good Luck

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November 14 2008
Profile picture for dacolan
Way to dig up a 2+ year old thread to post your spam on your first contribution to the site. You've been flagged.
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February 18 2011
 
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