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"But it was already there when the seller bought the house!"

By Andrea Bedard

Real Estate Agent with Thompson Company, REALTORS® 240.593.2860 MD594797

August 30, 2014 12:38 PM

After a decade as a REALTOR® in the Silver Spring, MD area, I have pretty much heard it all. Interesting are always the responses to my buyers' repair requests following the home inspection, from "Not a problem, the seller will fix it all" to "Are you out of your mind?". Naturally, I prefer the first response but the latter doesn't scare me either. All that matters to me is that my buyer is comfortable with his purchase and can move in without having to worry about major repairs or red flags.

Home Inspection Repair Requests During an inspection earlier this year we discovered rotted wood under the deck. The listing agent's response was "But it was already there when the seller bought the house!". "I'm sorry", I replied, "then either their inspector or buyer's agent or both must have not done their job! That does not mean it's OK with the buyer now."

Rotted wood under the deck or behind the shed or attached to the house or ... is a problem for two reasons:

1. rotted wood is an invitation for termites

2. the property is to convey free of trash and debris

"Thus, either the seller addresses it now as a condition of our repair request or he does it after we do our walk-through. You pick but it needs to be removed."

I am happy to report that the seller ended up removing all the rotted wood, the termite inspection came back clear and the buyer didn't have to buy a house with debris hidden under the deck.

"But it was already there when the seller bought the house!"

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Chris Griffith

Downing-Frye Realty, Bonita Springs, FL - Bonita Springs, FL

Bonita Springs Listing Specialist - Agent

Clever. I like how a home owner has a "work around" for a broken item they don't consider it a defect. I'm surprised someone didn't say it was for natural worm farming so that the grass was healthier. ;-)

Sep 03, 2014 07:36 PM

Andrea Bedard

Silver Spring, MD

Susan Jackson

America's Network Realty Group, Inc - Sandy Springs, GA

Hmmm... seems the listing agent should have known better. In fact the agent should have asked the seller to remove it when the property was listed. You know clearing debris from the property.

Sep 03, 2014 08:40 PM

Andrea Bedard

Silver Spring, MD

Margaret Woda

Long & Foster Real Estate, Inc. - Crofton, MD

Maryland Real Estate & Military Relocation

Sounds like you did a great job representing your buyer. I've heard that excuse before, too, but never for something so serious as rotted wood.

Sep 03, 2014 08:48 PM

Andrea Bedard

Silver Spring, MD

Richard Iarossi

Coldwell Banker Residential Brokerage - Crofton, MD

Crofton MD Real Estate, Annapolis MD Real Estate

Andrea,

I don't know what's going on, but I'm seeing a lot of sellers pushing back on any repairs. The broom clean provision should be a no brainer.

Rich

Sep 03, 2014 09:30 PM

Andrea Bedard

Silver Spring, MD

Gary L. Waters Broker Associate, Bucci Realty

Bucci Realty, Inc. - Melbourne, FL

Eighteen Years Experience in Brevard County

"It was already there when..." is such a lame excuse. Tried to come up with a betetr word than stupid!

Sep 03, 2014 09:39 PM

Andrea Bedard

Silver Spring, MD

Gita Bantwal

RE/MAX Centre Realtors - Warwick, PA

REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It is important for buyers to work with a good buyer agent. your buyers are lucky to be working with you.

Sep 03, 2014 09:49 PM

Andrea Bedard

Silver Spring, MD

Barbara Calwhite

Keller Williams Realty of Southwest Missouri - Joplin, MO

417-438-7387 Specializing in Relocation

It is amazing how little common sense some people have. The agent and the seller obviously had already had a conversation about it before it came back on the inspection list.

Sep 03, 2014 10:02 PM

Andrea Bedard

Silver Spring, MD

Amanda Christiansen

Christiansen Group Realty (260)704-0843 - Fort Wayne, IN

Christiansen Group Realty

That's a pretty weak response from the listing agent. It also sounds like an inspector may have missed this!

Sep 03, 2014 10:24 PM

Andrea Bedard

Silver Spring, MD

Ed Silva, 203-206-0754

Mapleridge Realty, CT 203-206-0754 - Waterbury, CT

Central CT Real Estate Broker Serving all equally

It is amazing how the mouth will offer up a response even before the brain kicks in

Sep 03, 2014 10:33 PM

Andrea Bedard

Silver Spring, MD

Dianne Goode

Raleigh Cary Realty - Raleigh, NC

Realtor/Broker

Hi Andrea. I suspect that wasn't the listing agent's response -- it was the seller's response and, in his mind, a reasonable one. When I am the buyers' agent and they say they're willing to let slide a small but significant repair item, I tell them, "It's fine if you're okay with it. However, one day when you're selling this house, your buyer will want this issue fixed. And then it will be YOUR $300." That makes them reconsider and usually request that the item be fixed.

Sep 03, 2014 10:38 PM

Andrea Bedard

Silver Spring, MD

Geoff ONeill

John L. Scott Medford - Medford, OR

I think the seller probably thought "I was ok with it, the new buyer should be too." Since we're all different, we should try to anticipate what might go wrong, and address the issue upfront.

Sep 04, 2014 12:08 AM

Andrea Bedard

Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD

Fluent in Real Estate & German, M.A. ABR ASP CIPS

Thank you Margaret!

I wouldn't call this a small problem Praful for 2 reasons: we weren't talking about a couple of pieces of rotted wood but the whole area underneath the deck. It had been there for quite some time ... major red flag: termites! But it's also standard language in our sales contract: the property is to convey free of trash and debris. The seller signed the contract, too.

I don't think the sellers were alerted to the issue when they bought the house Chuck.

We had one of those as well Tammie, after much back and forth the seller had it fixed.

I don't know Jon, maybe he did but didn't wave the red flag in their face?

It's standard language in our contract Inna, free of trash and debris. The seller signed. Period.

I had to laugh out loud reading your comment Chris.

Susan, the listing agent wasn't even aware! Quote: "I didn't see it and I'm not going to drive over there to look at it."

Thank you Margaret.

I hear you Richard. We had another issue that was created by a contractor. The seller refused at first to have it fixed until I let them know that this could be a deal breaker. I suggested he call his contractor which he ended up doing. The problem was resolved and the cost to seller was $0. The seller almost lost the contract because he didn't want to make a 30 second phone call! I can't wrap my mind around this one.

Agreed Gary.

Thank you Gita.

Surprisingly they didn't Barbara. The listing agent had no clue.

Possibly Amanda & Jared or maybe their buyer's agent didn't waive the red flag.

Love your comment Ed.

I am not sure Dianne. The agent wanted to talk to me about our (very short) repair list before talking to his clients.

I think the seller wasn't made aware of the issue when he bought the house nor before he signed the listing agreement Geoff.

Sep 04, 2014 01:38 AM

Elizabeth Weintraub Sacramento Broker

Elizabeth Anne Weintraub, Broker - Sacramento, CA

Put 40 years of experience to work for you

I got that last week after a seller moved out, having enjoyed a 30-day rentback after closing. She didn't take the debris. The buyer complained. Loudly. I told the seller she needed to remove all debris, but . . . it was there when . . . Sorry her last agent didn't insist it be removed when she bought the house but it needs to be removed now. Debris doesn't turn into a fixture over time.

Sep 04, 2014 04:10 AM

Andrea Bedard

Silver Spring, MD

Nick Vandekar, 610-203-4543

Realty ONE Group Advocates 484-237-2055 - Downingtown, PA

Selling the Main Line & Chester County

It is always interesting how a listing agent is going to respond to a reply to inspections.

Sep 04, 2014 04:23 AM

Nina Hollander, Broker

Coldwell Banker Realty - Charlotte, NC

Your Greater Charlotte Realtor

On stuff like this, you just need to stand your ground sometimes. I've had inspections show issues to which I've had the same response and my response back is that if the current owners were willing to buy the home that way, fine, but it's not fine for my buyers to do so.

Sep 04, 2014 06:59 AM

Andrea Bedard

Silver Spring, MD

Evelyn Johnston

Friends & Neighbors Real Estate - Elkhart, IN

The People You Know, Like and Trust!

It could be that when the Seller purchased the home they did not even have an inspection! Still, it is a pretty lame excuse.

Sep 04, 2014 10:36 AM

Andrea Bedard

Silver Spring, MD

Andrea Bedard

Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD

Fluent in Real Estate & German, M.A. ABR ASP CIPS

"Debris doesn't turn into a fixture over time", may I borrow that Elizabeth?

It is Nick & Trudy, I love hearing "no problem, the seller will fix it all!"

Most definitely Nina.. we got a whole bunch of excuses that didn't make sense until the seller finally agreed.

That's also possible Evelyn.

Sep 05, 2014 12:15 AM

Kevin Mackessy

Blue Olive Properties, LLC - Highlands Ranch, CO

Dedicated. Qualified. Local.

Nice try. Some items can't be denied on an inspection. Leaky faucets sure, but not a bunch of trash hidden away.

Sep 05, 2014 04:26 AM

Andrea Bedard

Silver Spring, MD

Olga Simoncelli

Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT

CONSULTANT, Real Estate Services & Risk Management

Your seller did the right thing! Good for you for sticking to your guns. In my experience, a seller once tried to tell the buyer that the junk chest in the basement was "real property" (vs personal) because it came with the house when the seller bought it! Of course, the seller knew better - he was an attorney...

Sep 05, 2014 05:32 AM