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Broken Water Pipe in a vacant Short sale...how far do you go to fix things?

By
Managing Real Estate Broker with Alpine Lakes Real Estate Inc., NHRE# 02863

If this was a bank sale I would have called the bank, and gotten the problem fixed without much concern about reimbursement. But when you have a short sale and the seller asks you to fix something, and you have serious concerns about the vendor being paid what do you do?

The home has been vacant for three months, but you got the listing and keys Today there is a sink overflowing with water pouring on the floor for ...Days...Weeks...months? You know the seller isn't making all his current payments (maybe not insurance either?) and you call to report the damage and problem. The Client (your client who you have a fiduciary duty too) says can you have someone make a repair, we are on the other side of the country. If I ask a plumber to fix this leak, will I be stuck with the bill?

If I initiated the work and seller ignores the bill , should I pay it? What if the House ends up in foreclosure (which appears to be a real possibility) would the vendor be out of luck (as liens are wiped clean by the foreclosure action)?

My Dilemma: I work with the building trades, and want this listing, the state of the place will put downward pressure on any offer that may come...do I have the repair done and hope for the best? Expect to pay for it while I'm not so flush either? or Do I show the place the way it is, and represent it is as is- subject to the sellers bank approval?

 Tough Market and tough calls are being made everyday...any one have a thought?

 

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                                                                                                                                                                              Your-White Mountain New Hampshire real Estate Expert

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Comments (11)

Cecily Parks
iMove Group, Knipe Realty NW, Inc. - Salem, OR

I don't know Steve....I will be interested to see if anyone else does.

Mar 28, 2009 03:45 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Cecily...I'm no plumber but it appears the faucet froze, so I shut off the main water coming into the house, there will be no further damage at this point but it looks like hell and smells not so nice either. I hope there is an easy fix but I don't want to pay the bill and would feel obligated if someone I hired all the time got stuck with a non-payment...What to do what to do?

Mar 28, 2009 03:57 AM
Sally Dunbar
Lyon Real Estate, Fair Oaks CA (Sacramento Area) - Fair Oaks, CA
Fair Oaks Realtor - Fair Oaks Homes for Sale

Wow... good post.  Is there an insurance company?  This may be a legit claim.  My husband is a contractor and does a lot of unpaid repair work for me, as it will make my listings more saleable, but on a short sale you don't even know if it WILL sell.  I'll follow this post.

Mar 28, 2009 04:48 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Thanks Sally... It is all very Gray, I hope there turns out to be insurance but As I said if you are behind on your mortgage, what is the chances your insurance is up to date?

Mar 28, 2009 05:32 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Steve...you did what I would have done...Stop the damage and let the seller know that they need to inspect it themselves before any work can be done.  Out of town or state and 3 months behind...no reimburement will be coming.  I would not line up the work unless I had the money...check cashed...to pay to have the work done. 

I would not want to put one of my contacts onto this job and not have them paid.  Could ruin my relationship with them for doing work I need done for someone else who is more likely to pay them.

Mar 28, 2009 06:28 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Bill... you hit on the high points, and my feeling exactly. But at the same time the lack of a $300 repair could produce a low ball offer that is without merit...but not changeable, people see this type of thing and assume the whole place has issues. Thanks Bill.

Mar 28, 2009 07:15 AM
Anonymous
Jenn

Steve -- tough call. Tight market up there and this will not help the sale. I think I would cover the expense, hope for a payback. Can you attach a lien/judgement against the sale?

 

Mar 29, 2009 02:33 AM
#7
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Jen... I like the thought and sometimes you have to work on the best intentions and simply hope for the pay back to come in one Form or another. A Lien would not work and could be seen as an insult to the seller, plus it would be wiped out by larger liens in front of me in a foreclosure. But great advice I'm still weighing the options.

Mar 29, 2009 02:50 AM
Debbie Walsh
SHAHAR Management - Middletown, NY
Hudson Valley NY Real Estate 845.283-3036

These days I don't think I would be dipping into my pocket because the chance of being paid back is very slim.  I think you did all that you could at this point.

    

Mar 29, 2009 08:27 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Thanks Deb... I did a little triage, but no major surgery and I think it's going to have to be enough, until someone shows me the money.

Mar 29, 2009 09:31 AM
Debbie Walsh
SHAHAR Management - Middletown, NY
Hudson Valley NY Real Estate 845.283-3036

SHOW ME THE MONEY!!!!!!!!!!!!

Whoops sorry that was the movie. 

    

Mar 29, 2009 11:04 AM