Special offer

What Happens if There is a Problem with the House I Bought AFTER Settlement?

By
Real Estate Agent with Long and Foster Real Estate VA License # 0225089470

What Happens if There is a Problem with the House I Bought AFTER Settlement?

The amount of misinformation in the world of real estate, passed from friend to friend, or relative to relative is astonishing.  I was out with a buyer that had just found a great home.  The home inspection is coming up and this buyer, a first time buyer, is nervous about what happens if something goes wrong AFTER settlement, that the home inspector didn't catch.  Wisely, he put a good amount of energy finding a well qualified home inspector.  Not so wise, he started conferring with acquaintances about what might happen if the inspector didn't catch an issue, or something broke down after he bought the home.

In yet another chronicle of MY FRIEND TOLD ME...this buyer came to me to find out exactly how much money from the sale the bank would set aside from his explanation of the process, I think he meant the seller's bank) to repair issues AFTER settlement.  Apparently, his friend said what was typical in Virginia was 10%-20% of the sale price.

WHERE DO PEOPLE COME UP WITH THIS STUFF?

When you buy a home, you buy a home. You deliver your funds at settlement and sign the necessary documentation and the hosue is yours.  There is no return line, or fixing issues that crop up on the seller's dime AFTER settlement.  As a buyer, you are given every opportunity to inspect for issues, so hiring a well qualified home inspector is critical to the process. 

Another area where a buyer can protect themselves is by purchasing a home warranty.  In the event something does go wrong, it's nice to have a warranty in place to keep repair costs down and have the piece of mind that comes with that coverage.

 

Comments(45)

Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

It's astonishing what people believe. You can pretty much count on a client asking everybody they know for advice but YOU when it comes to buying or selling a home, and then they pick the answer they like the best while exerting a lot of unnecessary energy on believing it.

May 03, 2012 12:08 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Reminds me of first time homebuyers that are used to calling the landlord to fix everything. I had buyers call me a few months after they purchased a home asking who's going to come and fix something.

May 03, 2012 12:13 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Now we all know to keep your RECEIPT escrow papers and refunds will be given within 30 days of purchase...Heck, I have returned many homes I didint like...where it gets dicey is when there is a RESTOCKING re-listing fee....

May 03, 2012 12:15 AM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Home warranties are so common here in a regular sale that you get to expect it automatically.

May 03, 2012 01:00 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Susan:  I think I just need to start a weekly post called "My Friend Said..."

Hannah:  I am suspecting that the friend knew someone who discovered a defect prior to closing and the parties agreed to escrow funds to solve the problem.  I'm going to describe that scenario to him next time I see him and see if that's what he meant.  Again, it's for issues found BEFORE settlement and the funds are not automatically set aside, but hey....what fun is the game telephone if you don't screw up the message?

Kevin:  Thanks.

Cheryl:  This one was too good not to share.

Brian:  I actually did represent a couple one time that wanted to "return" the home they had bought. 

May 03, 2012 01:01 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Bryant:  Had one a few weeks ago where the Sellers thought that it was okay to keep a key to the house to move the few remaining items they didn't have to get out before closing.  All I did was shake my head at the words, "But that's our house."  Not anymore.

Michael:  Was a new one to me too, and my client was shocked that I hadn't heard of what he'd thought was a standard practice.

Bruce:  Yeah, the friends who advise without having the credentials to do so really annoys me.  In this case, the client was going back to get more details from the friend because he was certain he'd heard his friend right.  I'm sure he did, but the friend doesn't know that he had no idea what he's talking about.

Rich:  Out of the MY FRIEND TOLD ME chronicles. 

Fernando:  What?  Who needs a REALTOR® when you have friends that have no idea what's happening in the world of real estate.  It's really much more exciting to THINK you know what's happening and find out later that all you thought was going to go a certain way didn't.  (heavy sarcasm)

May 03, 2012 01:06 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Karen:  I've heard home inpsectors offer that too.  It is reassuring to someone who has never had to assume responsiblity for the workings of the systems in the home.  

Than:  That is a lot of fixing.  And I don't think he meant new construction.  Somehow foreclosures got lumped into this explanation which made even LESS sense to me since homes are being sold as-is.

Charita:  Keep the help and support to buying Bed, Bath & Beyond and Lowe's gift cards.  

Scott:  I can't even bear to watch those shows about house hunting.  

Dale:  The myth is music to the ears of a nervous first time buyer.

 

May 03, 2012 01:09 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

TCT: Thanks!  I seem to be having some good luck with the gold stars recently.

Melissa:  I think they definitely are worth the up front cost.

Peggy:  And the only thing I can figure here is that there was a repair that hadn't been made and money was escrowed to fix it, after agreed by the parties and the buyer's lender.  That is a far cry from "automatically happening."

Maureen:  Frustrating, isn't it?  The worst home inspection I ever attended was done by a total unknown entity that the buyers had found online, because they thought the list I had given them of inspectors was just a way to get the home to settlement with few problems.  (sigh)  Anyway, the inspector claimed to be a roof "expert" and despite the buyer and I pointing out mold on the ceiling and tenant who lived in the home pointing out where water came in during rain storms, he proclaimed the roof perfectly fine.  The buyers came after me for not telling them the inspector was not an expert.  How am I supposed to know?  I'm not a home inspector!  I recommended some really great inspectors who would have taken those issues seriously and probably recommended a roof inspection, but their guy was an expert and said it was okay.  Thousands on a new roof later, they understand the value of a referral from an agent.

Elizabeth:  That's exactly it.  Too good to be true?  No way.  It's GOT to be true because it feels so RIGHT.

May 03, 2012 01:16 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Dave:  I guess that's why a lot of agents will actually buy warranties for their clients.  They can redirect those calls.

Richie:  You laugh, but I had a buyer that wanted to do that one time.  

Sandy:  I'd say most of my buyers, whether they are buying bank owned, short sale or regular sale will treat themselves to a home warranty.  It's worth every penny.

May 03, 2012 01:18 AM
Justin Dibbs
Fairway Independent Mortgage - Ashburn, VA
Mortgage Advisor

It's called welcome to home ownership Mr. Buyer.

May 03, 2012 02:11 AM
John Marshall - FORE!
LoKation Real Estate - Cherry Hills Village, CO
Specializing in Golf Course Properties

The nice thing about being a non-licensed friend offering advice on legal and tax implications, is that there is no recourse, they can always blame the agent or the lender or the seller or the......

#28 and #29 very funeee

May 03, 2012 02:44 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Justin:  Exactly.  There are no warranties in place that hold the Seller responsible for problems that pop up after settlement.

May 03, 2012 02:44 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

John:  Yeah.  This is a good thread we have going here. Thank God we have a sense of humor.

May 03, 2012 02:45 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Chris Ann - I am a firm believer in inspections - Home Inspections, Termite Inspections, and any other inspections, which would seem indigenous to the property being purchased.  I am reminded of a homebuyer, who purchased a home several years ago.  Her dad talked her into not having a home inspection performed, saying he would "inspect" instead.  The following winter when the rains came, the crawl space beneath the house filled with water, and made the heating system inoperable.  The case went to small claims court.  The buyer prevailed because of one single fact.  A neighbor told the buyer that the seller had an ongoing problem with water under the house, and had used a sump pump in the past.  Because this had not been disclosed by seller during the sale, the buyer won the judgment.  However, in today's world, where so many homes are foreclosures or bank owned, and not provided the disclosures of a traditional sale, this could have been a different story. 

May 03, 2012 05:28 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Myrl:  In Virginia that may have had a different outcome since Sellers do not have disclose hardly anything.  

May 03, 2012 06:05 AM
Kerry Jenkins
Prime Properties - Crestline, CA

And you can give your house back per the lemon law...lol, a 30 day satisfaction guarantee...

May 03, 2012 07:11 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Chris Ann:

We ought to start a list of all the things our clients tell us they have heard from friends that are so wrong.  On second thought, maybe not.  The list would be too long.

May 03, 2012 08:51 AM
Bryan Robertson
Los Altos, CA

I just had an issue come up where an inspector missed something and my client (buyer) wondered what could be done.  I said "Take it up with the inspector", they did, the problem got resolved.  However, there's seldom any recourse with the seller or the agents.  The buyer has a duty to inspect.  If they want protection, get a warranty.

May 03, 2012 08:55 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Amy:  I am sure there is someone out there who's friend has told them just that.

Evelyn:  Would be good for the comdey club REALTOR® open mic night I keep dreaming about.

Bryan:  That was a follow-up question.  "What if the inspector misses something?"  I gave them the same answer.  Take it up with the inspector.

 

May 03, 2012 09:07 AM
BARBARA MCGINNIS
Wilco Realtors, LLC - Fort Worth, TX
Real Estate Agent Serving Fort Worth

What happens if a seller hires a licensed plumber to make a repair on a hot water heater prior to closing. The seller paid for the repair and gave the receipt to the buyer's agent prior to closing. The buyer's agent did not do a final walk through with their client. The buyer moves in 2 weeks later and the hot water heater is not working property. I believe it is on the licensed plumber who completed the work to make good on his repairs.

Jan 18, 2016 07:09 AM
Chris Ann Cleland

BARBARA MCGINNIS --That falls into the category of something that would be on the plumber.  However, not really the point of this post.  I had a buyer that wondered how much money the sellers would be setting aside to deal with issues after closing that weren't caught on the inspection. 

Jan 18, 2016 08:50 AM