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Who's Responsible for This Mess??

By
Real Estate Agent with Red Rock Real Estate ~ Southern Utah's Largest Independent Brokerage DRE#5660491-SA00

duct taped water valveI recently closed on the transaction of a lovely 3 bedroom, 2 bath home in St.  George Utah.  I represented the buyers and they were very gracious to work with.  It was a pleasure dealing with them and helping them find a vacation home here in St. George.  My buyers came to town the week before closing to do their walk-thru, take room measurements and just have one more look at the gorgeous home they had picked out.  Everything went smooth and they were anxious to call this one "theirs".

We closed on the home the following week, a Friday to be exact.  Because my buyers live out of town we made arrangements for them to close at a title company in their home town.  The sellers had movers come on the date previously agreed to and everything went off without a lick.  Buyer moves out and to another state. The listing agent removes the keybox, does one more walk-thru after the seller has moved, then drops the key off at my office.  I promptly send a closing gift and the key in the mail to my buyers.  They call and thank me for my efforts and appreciate the work I did in their behalf.  Sounds like the perfect transaction, right?? Not.......

duct taped water valveBecause my buyers are from out of town, they didn't make it back to St. George for about a week after closing. They arrived at their new dream home late one evening after a long drive only to find water damage to their kitchen floor.  At first glance, they thought the seller had covered the warped floor with a rug to disguise it during the showings.  Upon entering the kitchen, they felt the awful sensation of water squishing up through the floor.  This is not old damage, but very recent.  As they begin to investigate where the water is coming from, they notice that the water line for the ice maker to the fridge has been duct taped and kinked over.  Apparently, someone knew there was a problem and tried to solve it with duct tape.  Not a good idea!  This repair job slowly leaked into the wall and onto the kitchen floor for a week before my buyers came to town. Now the entire kitchen floor is warped and will have to be replaced.

I receive a distressed phone call on a Saturday evening around 8:30 pm from the buyers.  Of course the home warranty that was purchased for the home doesn't cover this kind of damage. 

The buyers feel like this is the responsibility of the previous homeowner because he or someone helping him obviously knew about the problem and attempted to repair it.  The sellers feel like it's not their responsibility because when they left the home it was in good condition and there was no water damage. They tell their agent to tell me that there is some extra pergo in the master closet and the buyers can use that to replace the damaged floor.  The buyers estimate the repairs to cost about $2500 because the entire kitchen floor needs to be replaced as well as some of the drywall where the water hose leaked into the wall.

I get the feeling we may be headed to court if we can't come to some type of agreement!

What do you think?  In favor of the buyers or the sellers?

Posted by

                                               

Specializing in 55+ communities, vacation & second homes, golf course homes, luxury homes and vacation rentals for sale in St George, Washington, Ivins, Santa Clara and Hurricane Utah. 

Please feel free to contact me at 435-229-8801 if I can assist you in any way with St. George Utah Real Estate or St George Utah Homes for Sale.

 

 

 

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Comments (7)

Tish Lloyd
BlueCoast Realty Corporation - Wilmington, NC
Broker - Wilmington NC and Surrounding Beaches

Erika:  You didn't mention a Home Inspection -- was there one and/or did you recommend they have one? 

Jul 27, 2010 10:30 AM
Erika Rogers
Red Rock Real Estate ~ Southern Utah's Largest Independent Brokerage - Saint George, UT
St George Utah Real Estate & Relocation Specialist

Hi Tish, yes there was a complete home inspection done.  The refrigerator ice maker was hooked up at the time.  The sellers took the fridge, and then attempted to close the valve to shut off the water to the ice maker.  I guess when that didn't work, they decided to duct tape it:(

Jul 27, 2010 10:38 AM
Tish Lloyd
BlueCoast Realty Corporation - Wilmington, NC
Broker - Wilmington NC and Surrounding Beaches

Well, I would say that puts the blame on Mame a/k/a Sellers and should be cinched by your Home Inspectors Report and the removal of the Fridge.  Regardless who moved the Fridge, it was at the Seller's direction and or with their action.  I would think you're on pretty solid ground.

By the way, have suggested this post because it contains a very important, day-to-day issue.  Good work on your part.

Jul 27, 2010 11:01 AM
Erika Rogers
Red Rock Real Estate ~ Southern Utah's Largest Independent Brokerage - Saint George, UT
St George Utah Real Estate & Relocation Specialist

Thanks Tish for suggesting this post.  I have a mess on my hands, that's for sure. 

Jul 27, 2010 12:13 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Suggested also, Erika--I'd like to see what the attorney members think.  I would say it falls on the seller--hint, duct tape.  I'm parked to see the responses.

Jul 27, 2010 03:32 PM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS

I believe it is the sellers responsibility  as well.  Let us know how it turns out.

Jul 27, 2010 11:59 PM
Erika Rogers
Red Rock Real Estate ~ Southern Utah's Largest Independent Brokerage - Saint George, UT
St George Utah Real Estate & Relocation Specialist

HI Debe-thanks for suggesting, I too would like to hear what the attorneys have to say. I'll keep you posted.

Hi Carol-my only concern is the time between the seller vacating the home and when the buyers showed up. I'll update when I have news.

Jul 28, 2010 03:40 AM