Help. Closing day?

[Heartnsoul]

Went to close on house today. During walk through house was too HOT. AC NOT working good. Also dead cockroach 🪳 s all over bathroom. Went to closing co told them it's off if nothing fixed. Can we walk away? Will we lose our 10,000 we put down?? Help. Am so stressed

[retiredguy123]

Don't close if the AC is not working. I wouldn't worry about the cockroaches. Don't let them offer to buy a home warranty. It probably won't cover the AC or anything else. You won't lose your deposit if the AC doesn't work.

Note: If the HVAC system is more than 12-15 years old, you may want to offer to split the cost with the seller for a new system. The seller's half should be deducted from the selling price at the closing.

[Pondboy]

Did you not have a home inspection done ?

[Michael G.]

Did you not have a home inspection done ?

Also a irrigation inspection that's working properly.

[Keefelane66]

Is this you first rodeo?

[rjm1cc]

You sales agreement will answer your question. But in general there are two options. Fix the problems or cancel the sale and refund your deposit.

[Heartnsoul]

Did you not have a home inspection done ?

Yes I DID. wasn't an issue 3 weeks ago

[Heartnsoul]

Is this you first rodeo?

Not at all. Had inspection done 3 weeks ago. All was ok. Hubby had stroke meantime. Went to walk through today and Air didn't work. Tk u for kindness

[frayedends]

This is a troll. Heartnsoul has many threads with similar posts about closing inspection issues. Just look at her history. Moderators need to look at this! I just reported the post.

[Kelevision]

This is a troll. Heartnsoul has many threads with similar posts about closing inspection issues. Just look at her history. Moderators need to look at this! I just reported the post.

This person has been in the process of buying a home IF you were to look at their posts. I’m confused by what you think the definition of troll is? ( online bully is the definition) This person is definitely not a troll. They’re looking for answers but in the wrong place. This is TOTV, the most UN-friendly site attached to the villages with the majority of the members not even living here.

[frayedends]

This person has been in the process of buying a home IF you were to look at their posts. I’m confused by what you think the definition of troll is? ( online bully is the definition) This person is definitely not a troll. They’re looking for answers but in the wrong place. This is TOTV, the most UN-friendly site attached to the villages with the majority of the members not even living here.

She’s had like 3 or 4 threads in the past few weeks. Each with some different inspection issue and asking what to do. There was the water under the foundation, and some other one that something wasn’t fixed. If she is really buying 3 houses and all of them had inspection issues then I stand corrected and apologize.

Maybe I’m wrong about one of them. Just looked again. The reason might be because she had 3 threads all for the same water issue last time.

[BrianL99]

T

I’m confused by what you think the definition of troll is? ( online bully is the definition)



That is not what a "troll" is. It has nothing to do with being a "bully". "Cyber bullying" is complete other category.

This particular OP seems to be involved in a number of discussions regarding "home inspections".

Internet Trolling: How Do You Spot a Real Troll? (https://www.lifewire.com/what-is-internet-trolling-3485891)

What Are Internet Trolls, And What Does Trolling Mean? | Know Your Meme (https://knowyourmeme.com/editorials/guides/what-are-internet-trolls-and-what-does-trolling-mean)

[tophcfa]

Questions. Did you hire a home inspector? Do you have an attorney representing you? Did you use VLS, which doesn’t represent the buyer, or an MLS realtor (I’m assuming it’s a pre-owned home since it has the issues you described)?

If you don’t have an attorney representing you, then you need to retain one ASAP. Hopefully you used an MLS realtor and have a buyers agent agreement and they can help you. I’m really hoping you didn’t just use the sellers Villages real estate agent and rely on a the sellers closing attorney, with no one representing you. Best of luck.

[Stu from NYC]

Questions. Did you hire a home inspector? Do you have an attorney representing you? Did you use VLS, which doesn’t represent the buyer, or an MLS realtor (I’m assuming it’s a pre-owned home since it has the issues you described)?

If you don’t have an attorney representing you, then you need to retain one ASAP. Hopefully you used an MLS realtor and have a buyers agent agreement and they can help you. I’m really hoping you didn’t just use the sellers Villages real estate agent and rely on a the sellers closing attorney, with no one representing you. Best of luck.

Hrd to believe anyone buys a home here and does not use an inspector

[Heartnsoul]

This is a troll. Heartnsoul has many threads with similar posts about closing inspection issues. Just look at her history. Moderators need to look at this! I just reported the post.

A troll?? Are u serious? I don't even know WHAT A troll is. Yes I had posted before on problems during inspection. Now I had a problem closing day! I'm NOT a troll whatever that is. This is serious and I needed help??

[Heartnsoul]

Hrd to believe anyone buys a home here and does not use an inspector

Of course I had an inspector but no bugs were found 3 weeks ago and ac was working during inspection

[badkarma318]

Isn't this the same person who started numerous threads about the same water damage issue prior to closing?

[Ptmcbriz]

Dis you examine the thermostat to check on the setting? Maybe it was set at 80 for owner to save money prior to escrow closing. Have seller pay for home warranty that covers the HVAC (not uncommon). Last house I had home warranty insurance paid for a $8000 furnace and AC heat pump in Oregon.
Don’t worry about cockroaches. That’s easily fixed with Home insect spray.

[DBolen]

Isn't this the same person who started numerous threads about the same water damage issue prior to closing?


She also said her husband just had a stroke in the middle of all this- possibly a woman facing a sudden flurry of crises that might cause anyone to somewhat frantically reach out with multiple posts?

To the OP (HeartNSoul)- do you have anyone helping you navigate any of this (or any friends or family you can talk to), or are you all alone dealing with this?

[jim@jedward.com]

Real helpful.

[DBolen]

... Don’t worry about cockroaches. That’s easily fixed with Home insect spray.

If they are just water bugs, easily fixed. If they are German or even just field roaches, you need a professional asap

[Kelevision]

Went to close on house today. During walk through house was too HOT. AC NOT working good. Also dead cockroach 🪳 s all over bathroom. Went to closing co told them it's off if nothing fixed. Can we walk away? Will we lose our 10,000 we put down?? Help. Am so stressed

I can’t help you with the a/c situation unless it was turned off but as for the dead bugs, I would guess it’s from the house being fumigated/bombed/sprayed for bugs. It’s okay.

[Kelevision]

Is this you first rodeo?

Just another one of TV friendliest hometown residents. So helpful.

[maggie1]

Of course I had an inspector but no bugs were found 3 weeks ago and ac was working during inspection

Heartnsoul, if you really like the home, then I say don't let the presence of cockroaches determine if you're going to go forth with the sale. We purchased a "for sale by owner" about eight years ago, we had the usual house inspection and that didn't turn up any major deficiencies. We closed, picked up the keys, and went to our new home. In the bathroom, I found a couple of dead cockroaches on the floor, and upon listing the top to the toilet tank, there were approximately 25-30 more, most of which were alive. Got them killed off and called pest control the following day. Bug problems can be easily addressed, so ask your neighbors who they contract with to provide those services.

As far as the AC is concerned, if the inspector didn't find the problem during the inspection, but it isn't functioning properly now then it is quite possible the AC breaker has tripped. I also believe someone mentioned to check the thermostat. If those two things aren't the problem then contact a reputable AC contractor to give the system the once over. If it's defective then you can either have the seller fix it, or go half with you. As far as losing your deposit that is something I do not know about, but I think you'd have some recourse there.

[Mrmean58]

Went to close on house today. During walk through house was too HOT. AC NOT working good. Also dead cockroach 🪳 s all over bathroom. Went to closing co told them it's off if nothing fixed. Can we walk away? Will we lose our 10,000 we put down?? Help. Am so stressed

What is your realtor's advice? They should be with you throughout the process since they don't get paid unless you close.

[defrey12]

Of course I had an inspector but no bugs were found 3 weeks ago and ac was working during inspection

I’m guessing the house was empty? Sellers don’t typically leave the electricity on, let alone the A/C once they move out. Would you pay to cool an empty house? I never have. As for the bugs? Welcome to the South…clean ‘em up and get an exterminator. They’re a part of life down here. And, yes, if you try to back out now over such trivial issues you WILL lose your $10,000…the time for bargaining with the seller has long since expired. You usually have 10 days from the date of the Inspection (depending on the contract) to negotiate any needed repairs.

[retiredguy123]

The home inspector should have noted the age and the overall condition of the HVAC system. That would make a huge difference in how to handle the closing issue. The fact that it was not cooling during the walkthrough doesn't provide much pertinent information.

[frayedends]

A troll?? Are u serious? I don't even know WHAT A troll is. Yes I had posted before on problems during inspection. Now I had a problem closing day! I'm NOT a troll whatever that is. This is serious and I needed help??

A troll posts threads that will elicit lots of responses and some disagreement among members and the OP either leaves the thread or puts in vague replies to keep the people either arguing or just confused.

In your previous threads we kept asking specific questions to try to help you. But you didn’t answer any of the questions. I’m sorry if you are having issues but people can’t help you without a lot of very specific details. Failing to answer posts asking for specifics is something trolls do and is why I suspected you of trolling us.

[Girlcopper]

A troll?? Are u serious? I don't even know WHAT A troll is. Yes I had posted before on problems during inspection. Now I had a problem closing day! I'm NOT a troll whatever that is. This is serious and I needed help??
Then hire a lawyer. Why come here if it’s that important to you

[retiredguy123]

Then hire a lawyer. Why come here if it’s that important to you
The OP has already been advised to get a lawyer in other threads. I believe that a single letter from an attorney could have secured a release of the $10,000 earnest money.

[defrey12]

The home inspector should have noted the age and the overall condition of the HVAC system. That would make a huge difference in how to handle the closing issue. The fact that it was not cooling during the walkthrough doesn't provide much pertinent information.

“Age and Condition” have NO bearing at Closing. As I stated previously, the OP (buyer) had their chance to review the inspection and negotiate with the seller. Again, that contingency has long since passed. At this point the seller has NO LEGAL DUTY TO DO ANYTHING! Buyers can’t just wait until the end and say, “Oh, by the way.” That’s not how it works.

[retiredguy123]

“Age and Condition” have NO bearing at Closing. As I stated previously, the OP (buyer) had their chance to review the inspection and negotiate with the seller. Again, that contingency has long since passed. At this point the seller has NO LEGAL DUTY TO DO ANYTHING! Buyers can’t just wait until the end and say, “Oh, by the way.” That’s not how it works.
So, if the walk-through reveals a significant defect, the seller has no obligation to address it? Then, why do the walk-through? The house is not sold until the papers are signed. That is why you have a closing.

[Kelevision]

A troll posts threads that will elicit lots of responses and some disagreement among members and the OP either leaves the thread or puts in vague replies to keep the people either arguing or just confused.

In your previous threads we kept asking specific questions to try to help you. But you didn’t answer any of the questions. I’m sorry if you are having issues but people can’t help you without a lot of very specific details. Failing to answer posts asking for specifics is something trolls do and is why I suspected you of trolling us.

You don’t understand what a troll is….. here are various definitions for you….. stop calling this person a troll. You’re in fact more of a troll in this situation.

An individual who posts false accusations or inflammatory remarks on social media to promote a cause or to harass someone

In slang, a troll is a person who posts deliberately offensive or provocative messages online or who performs similar behaviors in real life.

A troll is Internet slang for a person who intentionally tries to instigate conflict, hostility, or arguments in an online social community

[Robojo]

Don't close if the AC is not working. I wouldn't worry about the cockroaches. Don't let them offer to buy a home warranty. It probably won't cover the AC or anything else. You won't lose your deposit if the AC doesn't work.

Note: If the HVAC system is more than 12-15 years old, you may want to offer to split the cost with the seller for a new system. The seller's half should be deducted from the selling price at the closing.

I would walk. Ac should be fixed and I wouldn't buy abhome with roaches. For all you know they had them the whole time and can't get rid of them. I know people who bought a new home and have been fighting infestation since closing.

[Robojo]

“Age and Condition” have NO bearing at Closing. As I stated previously, the OP (buyer) had their chance to review the inspection and negotiate with the seller. Again, that contingency has long since passed. At this point the seller has NO LEGAL DUTY TO DO ANYTHING! Buyers can’t just wait until the end and say, “Oh, by the way.” That’s not how it works.

Not true. If certain things were mentioned and agreed upon after inspection to be fixed for closing and those things are not fixed I would not close.

[Gator_Girl]

This is a troll. Heartnsoul has many threads with similar posts about closing inspection issues. Just look at her history. Moderators need to look at this! I just reported the post.

In April it says they purchased a CYV so I'm confused as well. All kinds of issues, don't know why they would go thru with it.

[mraines]

Yes I DID. wasn't an issue 3 weeks ago
My experience and my daughter's is that things break as soon as you move in. Wonder how that happens?

[OhioBuckeye]

You make it sound easy but you’re in TV, TV’s are in control & will tell them what to do now. I think I would talk to a lawyer, I don’t think they’ll tell TV what to do when they have your deposit! I wish them the best of luck.

[Vickim]

Also a irrigation inspection that's working properly.

Don’t forget separate pool inspection it is NOT part of the house inspection we found out the hard way even though disclosure said heat pump was working it was not. Lawyer said we had a claim husband said “ she is a widow let it go “

[Vickim]

Of course I had an inspector but no bugs were found 3 weeks ago and ac was working during inspection

Unfortunately, a home inspection is hardly worth the paper it is printed on . Even if all is working at the time of the inspection the only recourse you have if it’s not when you move in is you possibly get your $400 ( or what you paid ) back. You can not sue a home inspector and they know this. A lot of “not so good” ones out there and usually recommended by the realtor whose motivation is to get the home sold ASAP.

[frayedends]

You don’t understand what a troll is….. here are various definitions for you….. stop calling this person a troll. You’re in fact more of a troll in this situation.

An individual who posts false accusations or inflammatory remarks on social media to promote a cause or to harass someone

In slang, a troll is a person who posts deliberately offensive or provocative messages online or who performs similar behaviors in real life.

A troll is Internet slang for a person who intentionally tries to instigate conflict, hostility, or arguments in an online social community

I was pretty clear in my last post and described exactly what a troll is and exactly why I suspected the Op was a troll. I’ve been around forums long enough to know what a troll is.

Also in this thread she stated inspection 3 weeks ago was fine. But she also said 3 weeks ago she was backing out due to water issue at inspection. She posted 3 different threads on that.

[frayedends]

In April it says they purchased a CYV so I'm confused as well. All kinds of issues, don't know why they would go thru with it.

Yup she is all over the place and doesn’t answer specific questions.

[retiredguy123]

“Age and Condition” have NO bearing at Closing. As I stated previously, the OP (buyer) had their chance to review the inspection and negotiate with the seller. Again, that contingency has long since passed. At this point the seller has NO LEGAL DUTY TO DO ANYTHING! Buyers can’t just wait until the end and say, “Oh, by the way.” That’s not how it works.
The OP is asking for advice about the closing. But the only information she provided is that the HVAC system was not cooling during the walk-through. The age and condition of the HVAC is critical information as to what to ask for from the seller. If the HVAC system is still under warranty, there is no problem. But if the system is relatively new, but out-of-warranty, and the compressor has failed, there is no way she should go to closing and sign the papers. In that case, the seller should pay for the expensive repair. If the system is 25 years old, she should probably be prepared to buy a new system anyway. To say that the age and condition have no bearing is just wrong.

[Heartnsoul]

Alone with a very sick husband.

[frayedends]

I would ask if it was cooling at all. Perhaps it was just set to 80 and then was taking time to cool down. Then I would ask if the roaches were just outside bugs like palmetto bugs or dirty house roaches.

The house should be in as good condition as it was during the offer. Apart from that the OP has had 3 to 4 purchases in the Villages (based on earlier threads) so not entirely new to the process.

[Heartnsoul]

Thank u for being kind by trying to help. Yes I'm alone with a very sick husband who used to do everything but now can't. He's being hospitalized again Tuesday. Closing didn't happen yesterday when I realized ac wasn't working. Today I'm supposed to close. I've asked to go over hone this morning to talk to ac guy myself but no one is contacting me. I'm alone, crying, because purchasing a home while my husband is ill is overwhelming to me. I wish I had a intelligent man who could help me but after my husbands stroke, 3 brain surgeries, seizures, etc I've LOST him.

[Heartnsoul]

It was set at 78 when I went in and hot as hell. I lowered it to 74 and nothing!! MY RE AGENT didn't care and walked out the door. My husband isn't well. I am alone with no one to help me

[Grinchie]

Yes. A vital part of the issue. Thank you for emphasizing rather than calling ‘troll’. She needs someone to accompany her to the house & check thermostat & breaker.

[Grinchie]

Alone with a very sick husband.
Yes. She is alone & hubby is ill. A vital part of the issue. Thank you for emphasizing rather than calling ‘troll’. She needs someone to accompany her to the house & check thermostat & breaker.

[MSGirl]

This person has been in the process of buying a home IF you were to look at their posts. I’m confused by what you think the definition of troll is? ( online bully is the definition) This person is definitely not a troll. They’re looking for answers but in the wrong place. This is TOTV, the most UN-friendly site attached to the villages with the majority of the members not even living here.
She’s been a member on this site since 2011. This shouldn’t be her first rodeo unless she has been renting all these years. Possibly a troll

[Pairadocs]

Did you not have a home inspection done ?

Home "inspection"....LOL ? Have you ever paid for one of those AND read the "small print" ? Useless, and you are still left holding the bag.

[retiredguy123]

Home "inspection"....LOL ? Have you ever paid for one of those AND read the "small print" ? Useless, and you are still left holding the bag.
You are correct if you are expecting the inspector to be liable for mistakes. But, some home inspectors offer an optional liability coverage where they can be held liable. Although this coverage will basically double the cost of the inspection.

[Altavia]

It was set at 78 when I went in and hot as hell. I lowered it to 74 and nothing!! MY RE AGENT didn't care and walked out the door. My husband isn't well. I am alone with no one to help me

Maybe try knocking on the door of a neighbor and asking for help?

Could be something as simple as a clogged condensation line.

[lmack]

So, if the walk-through reveals a significant defect, the seller has no obligation to address it? Then, why do the walk-through? The house is not sold until the papers are signed. That is why you have a closing.

I have to agree and add....that this is also why you should always try to have a pre-closing inspection to insure the house is in the same (all workable) condition. The seller has an obligation to keep it so and, if they do not, negotiation can occur even at the closing table (we have done so when something no longer worked at pre-closing walk through and did proceed with fair accommodation).

Regarding the AC, totally agree with the poster that said perhaps they left it off (or set temp high) if not occupied. It's best to keep it on in FL (we leave it at 79) when not here due to the humidity here.

Re bugs, could be similar issue, if vacant for a while then traps could have dried out and allowed easier entry for bugs. We close drains (or leave rubber covers over) if gone for extended period.

[defrey12]

The “walk through” is to ensure the seller did indeed address the issues found and negotiated DURING the inspection process. Again, a buyer doesn’t get a “get out of jail free” card because they get cold feet or didn’t discover something they should have earlier in the process. It’s a different story if the seller doesn’t disclose a “material defect” that he is legally required to do. Doesn’t seem the case here.

[defrey12]

I would walk. Ac should be fixed and I wouldn't buy abhome with roaches. For all you know they had them the whole time and can't get rid of them. I know people who bought a new home and have been fighting infestation since closing.

They’ll be walking away from $10,000…not something most are prepared to do.

[retiredguy123]

The “walk through” is to ensure the seller did indeed address the issues found and negotiated DURING the inspection process. Again, a buyer doesn’t get a “get out of jail free” card because they get cold feet or didn’t discover something they should have earlier in the process. It’s a different story if the seller doesn’t disclose a “material defect” that he is legally required to do. Doesn’t seem the case here.
I would consider an HVAC system that is not cooling to be a "material defect". I hope you are not saying that the buyer should sign the closing papers without knowing why the air conditioner does not operate.

[defrey12]

Not true. If certain things were mentioned and agreed upon after inspection to be fixed for closing and those things are not fixed I would not close.

That’s true. But in the contract there are dates attached to every contingency. IF the seller fails in this respect, then they may postpone closing until repairs are accomplished, but unlikely they can just walk altogether.

[defrey12]

The OP is asking for advice about the closing. But the only information she provided is that the HVAC system was not cooling during the walk-through. The age and condition of the HVAC is critical information as to what to ask for from the seller. If the HVAC system is still under warranty, there is no problem. But if the system is relatively new, but out-of-warranty, and the compressor has failed, there is no way she should go to closing and sign the papers. In that case, the seller should pay for the expensive repair. If the system is 25 years old, she should probably be prepared to buy a new system anyway. To say that the age and condition have no bearing is just wrong.

Beg to differ. It does have bearing…DURING the inspection and contingency process. That was the time for them to make their claim as to “age and condition.” But NOT at closing. If the system had been off for a month—or even a week—there is no way it’s going to cool that house in the space of a walk through. Ever!

[defrey12]

It was set at 78 when I went in and hot as hell. I lowered it to 74 and nothing!! MY RE AGENT didn't care and walked out the door. My husband isn't well. I am alone with no one to help me

It would take AT LEAST 3-4 hours to bring the temp down that much in an average home.

[defrey12]

Home "inspection"....LOL ? Have you ever paid for one of those AND read the "small print" ? Useless, and you are still left holding the bag.

An inspection, if done properly, is not worthless as long as you heed their advice PROMPTLY within the confines of the contingency dates in the RE contract. You can’t just shove it in a drawer.

[retiredguy123]

That’s true. But in the contract there are dates attached to every contingency. IF the seller fails in this respect, then they may postpone closing until repairs are accomplished, but unlikely they can just walk altogether.
Correct. But the contingency should have been removed before the closing was even scheduled. The $10,000 is being held by a third party escrow company, not by the seller. That is why several posters recommended that the OP hire an attorney, who could have demanded a release of the earnest money, based on all of the defects mentioned in this thread and in the other threads. The OP has plenty of reasons to cancel this sale.

[defrey12]

I would consider an HVAC system that is not cooling to be a "material defect". I hope you are not saying that the buyer should sign the closing papers without knowing why the air conditioner does not operate.

A “material defect” is something you KNOW about, but doesn’t disclose. We don’t really know if it doesn’t operate or if it’s “operator error” and a case of unreasonable expectations. I suspect the latter.

[retiredguy123]

Beg to differ. It does have bearing…DURING the inspection and contingency process. That was the time for them to make their claim as to “age and condition.” But NOT at closing. If the system had been off for a month—or even a week—there is no way it’s going to cool that house in the space of a walk through. Ever!
What I am saying is that the house should have been cool during the walk-through, and, if it wasn't, the seller has an obligation to explain why it is not cooling. Is there something wrong with it? Whenever I have attended a walk-through, everything was operating as it should be, and available for verification. The seller's agent even ran the dishwasher, microwave, and other appliances during the walk-through.

If the house was hot, turning down the thermostat to 74 degrees should have immediately caused the outside condenser unit to come on.

[mpelant]

Thank u for being kind by trying to help. Yes I'm alone with a very sick husband who used to do everything but now can't. He's being hospitalized again Tuesday. Closing didn't happen yesterday when I realized ac wasn't working. Today I'm supposed to close. I've asked to go over hone this morning to talk to ac guy myself but no one is contacting me. I'm alone, crying, because purchasing a home while my husband is ill is overwhelming to me. I wish I had a intelligent man who could help me but after my husbands stroke, 3 brain surgeries, seizures, etc I've LOST him.
It's shameful some of the comments on here. If you need help, let me know - while I'm not a "A/C mechanic" I can diagnose and at least help you determine next steps. Please reply if you would like some help. I'll go anywhere in TV that you need assistance.

[retiredguy123]

A “material defect” is something you KNOW about, but doesn’t disclose. We don’t really know if it doesn’t operate or if it’s “operator error” and a case of unreasonable expectations. I suspect the latter.
I totally disagree. A house that is not cool during a walk-through is a material defect. Whether it is disclosed or not has nothing to do with it being a material defect. It doesn't need to be hidden or undisclosed to be a material defect.

[retiredguy123]

It's shameful some of the comments on here. If you need help, let me know - while I'm not a "A/C mechanic" I can diagnose and at least help you determine next steps. Please reply if you would like some help. I'll go anywhere in TV that you need assistance.
That is a nice gesture, but I doubt that the seller's agent will allow you to go anywhere near the house.

[miadford@gmail.com]

You can close but the title company can escrow the mortgage net from seller to fix the issues. If not, are they providing a home warranty?

[defrey12]

What I am saying is that the house should have been cool during the walk-through, and, if it wasn't, the seller has an obligation to explain why it is not cooling. Is there something wrong with it? Whenever I have attended a walk-through, everything was operating as it should be, and available for verification. The seller's agent even ran the dishwasher, microwave, and other appliances during the walk-through.

If the house was hot, turning down the thermostat to 74 degrees should have immediately caused the outside condenser unit to come on.

I agree. Just because it was hot inside doesn’t mean it wasn’t “blowing cold. See my comment on “unreasonable expectations”. As for the former: The agent was under no obligation to do any of that and was actually leaving him/herself open to having to fix it themselves if it didn’t work.

[defrey12]

Correct. But the contingency should have been removed before the closing was even scheduled. The $10,000 is being held by a third party escrow company, not by the seller. That is why several posters recommended that the OP hire an attorney, who could have demanded a release of the earnest money, based on all of the defects mentioned in this thread and in the other threads. The OP has plenty of reasons to cancel this sale.

Not if the contingencies have been lifted/satisfied on time. The buyer MUST act within the time constraints specified in the contract. If she didn’t say anything by the date and time specified in the contract for the inspection contingency, she cannot step up later and say “I didn’t know.” That’s WHY she should have hired an attorney if she/they didn’t know EXACTLY what they were signing. Contracts exist for a reason: assignment of risk. Should the seller in this case, who may have done everything correctly, lose out because of a “less than savvy” buyer? It’s not his/her fault they don’t know the process. The seller here, as long as they did as they should, is wholly entitled to the earnest money (the $10,000) if this buyer backs out at the last minute through no fault of this seller. S/he may have lost out on a legitimate buyer and sale waiting on this one. I did this for a living. I know of what I speak. It may not seem “fair”…I’m sorry; that’s life. There’s a time to hire attorneys. I’m afraid it’s too late for this person.

[retiredguy123]

Not if the contingencies have been lifted/satisfied on time. The buyer MUST act within the time constraints specified in the contract. If she didn’t say anything by the date and time specified in the contract for the inspection contingency, she cannot step up later and say “I didn’t know.” That’s WHY she should have hired an attorney if she/they didn’t know EXACTLY what they were signing. Contracts exist for a reason: assignment of risk. Should the seller in this case, who may have done everything correctly, lose out because of a “less than savvy” buyer? It’s not his/her fault they don’t know the process. The seller here, as long as they did as they should, is wholly entitled to the earnest money (the $10,000) if this buyer backs out at the last minute through no fault of this seller. S/he may have lost out on a legitimate buyer and sale waiting on this one. I did this for a living. I know of what I speak. It may not seem “fair”…I’m sorry; that’s life. There’s a time to hire attorneys. I’m afraid it’s too late for this person.
I agree with most of what you said. But, if you read the other threads, you will know that the seller's agent tried to force the buyer into extending the inspection contingency period, and threatened her with keeping the deposit. That is when the buyer should have hired an attorney who could have demanded that the deposit be released. The seller's agent has no right to keep the deposit because it is held in escrow by a third party, not by the seller. The buyer does not have anyone to represent her interests. That is why she should have hired an attorney.

[frayedends]

Not if the contingencies have been lifted/satisfied on time. The buyer MUST act within the time constraints specified in the contract. If she didn’t say anything by the date and time specified in the contract for the inspection contingency, she cannot step up later and say “I didn’t know.” That’s WHY she should have hired an attorney if she/they didn’t know EXACTLY what they were signing. Contracts exist for a reason: assignment of risk. Should the seller in this case, who may have done everything correctly, lose out because of a “less than savvy” buyer? It’s not his/her fault they don’t know the process. The seller here, as long as they did as they should, is wholly entitled to the earnest money (the $10,000) if this buyer backs out at the last minute through no fault of this seller. S/he may have lost out on a legitimate buyer and sale waiting on this one. I did this for a living. I know of what I speak. It may not seem “fair”…I’m sorry; that’s life. There’s a time to hire attorneys. I’m afraid it’s too late for this person.


This is all exactly right. If the buyer is being honest then she has unfortunately hit a real run of bad luck with her husband suffering major medical issues recently and she doesn't have any clue how to navigate all of this. But as mentioned above, the seller should not have to suffer because of that. We don't know that the AC and bugs are an issue or not. The buyer seems to have no agent representing them, based on the other 4 or 5 threads she has.

No I know I was called shameful for questioning her and calling her a troll. And if all this is true then I really do feel bad and apologize. However, the OP has posted about her husband's stroke back in 2021, parkinson's disease, and heart attack in 2023. She has also posted that she has bought 3-4 homes in the Villages (not sure why she wouldn't know how many homes she bought). She has said she was extremely happy with all of them and has in the past recommended a realtor to people. I just wonder why she is buying her 4 or 5th house given all the issues she has had.

I pray things work out for her and she gets the help she needs. I know the seller agent won't want her bringing in a stranger, but I can't imagine they would have a problem with that for a final walkthrough if she says she wants some guidance.

[Villager-2024]

Went to close on house today. During walk through house was too HOT. AC NOT working good. Also dead cockroach 🪳 s all over bathroom. Went to closing co told them it's off if nothing fixed. Can we walk away? Will we lose our 10,000 we put down?? Help. Am so stressed

First, i hope your husbands went well and he is recovering as expected.

I remember your other posts from weeks ago. You had inspection questions, didn't answer about the terms, admitted you didn't understand the terms and were upset. I suggested then you hire an attorney was ignored initially, did you ever do that? You didn't do so at the time and then tried days later and were having a hard time finding one quickly after not doing so - hopefully you did not put that off any longer. YOU NEED AN ATTORNEY.

TOTV is OK for many things. It's NOT the place to receive legal advice, which you need.

We understand you are stressed

[Villager-2024]

""I wish I had a intelligent man who could help me but after my husbands stroke, 3 brain surgeries, seizures, etc I've LOST him."
Again, truly sorry for your situation. Why must you need a man - a good female ATTORNEY can help you. "

Don't worry about gender - you need professional help - this post makes me think you have not in all these weeks hired an attorney. Please do so if you still have time. Yes, the AC and all systems must work on walk-through, unless your contract states differently.

[retiredguy123]

First, i hope your husbands went well and he is recovering as expected.

I remember your other posts from weeks ago. You had inspection questions, didn't answer about the terms, admitted you didn't understand the terms and were upset. I suggested then you hire an attorney was ignored initially, did you ever do that? You didn't do so at the time and then tried days later and were having a hard time finding one quickly after not doing so - hopefully you did not put that off any longer. YOU NEED AN ATTORNEY.

TOTV is OK for many things. It's NOT the place to receive legal advice, which you need.

We understand you are stressed
I totally agree. The OP needs an attorney who can cancel the sale and get the deposit released. The seller's agent is licensed by the state and has an obligation to treat the buyer in a fair and fiduciary manner, even if they don't represent the buyer. Based on what the OP has posted, this does not appear to be happening.

[Aces4]

I think you are standing on quicksand and you know it. I'm very sorry to hear of your husband's severe health issues and I hope he has a recovery.

The issues... it appears you are totally unfamiliar with handling closings or home purchases and you should have contacted a real estate attorney immediately when your husband was stricken. Along with indoor leaks and poorly operating AC, I question as to whether a termite maintenance contract is in effect or if that is also an issue.

Good luck if you close on this property. You'll know shortly if you've purchased a real lemon or a workable house.

[retiredguy123]

Again, my recommendation is to hire an attorney with the goal to cancel the sale, get your deposit refunded, and DO NOT sign any closing documents.

[margaretmattson]

Again, my recommendation is to hire an attorney with the goal to cancel the sale, get your deposit refunded, and DO NOT sign any closing documents.Agree. At this point, it seems you are over your head. How is your husband going to sign the closing papers? And, is he in the mental capacity to do so? You need a lawyer ASAP. I suggest Dean& Dean, llp.

[Kelevision]

I was pretty clear in my last post and described exactly what a troll is and exactly why I suspected the Op was a troll. I’ve been around forums long enough to know what a troll is.

Also in this thread she stated inspection 3 weeks ago was fine. But she also said 3 weeks ago she was backing out due to water issue at inspection. She posted 3 different threads on that.

I even gave you the definition and you still don’t understand that you’re the troll in this situation. And now I’m trolling you. The OP, not a troll, only a person asking questions and maybe doesn’t quite understand this site. She thinks this is somehow a helpful site but in reality it’s literally the same 20 or so people leaving rude comments ( trolling) people asking questions. Questions aren’t trolls. Trolls respond to questions…. You really need to brush up on your social media terminology.

[SoCalGal]

The seller's agent is licensed by the state and has an obligation to treat the buyer in a fair and fiduciary manner, even if they don't represent the buyer.

False. The seller's agent does not have a fiduciary duty to the buyer if they are not representing the buyer.

A seller's agent, also known as the listing agent, has a fiduciary duty solely to the seller they represent. This means they must act in the best interests of the seller, provide full disclosure, maintain confidentiality, and promote and protect the seller's interests above all others.

The seller's agent owes the buyer only a limited "standard of care" or obligation to treat them honestly, but does not have the higher fiduciary duty that would require putting the buyer's interests first.

If the seller's agent is also representing the buyer in a dual agency situation, then they would have fiduciary duties to both parties. However, this dual representation creates inherent conflicts of interest. Many advise against dual agency and recommend that buyers and sellers have their own dedicated agents to fully represent their respective interests.

[retiredguy123]

False. The seller's agent does not have a fiduciary duty to the buyer if they are not representing the buyer.

A seller's agent, also known as the listing agent, has a fiduciary duty solely to the seller they represent. This means they must act in the best interests of the seller, provide full disclosure, maintain confidentiality, and promote and protect the seller's interests above all others.

The seller's agent owes the buyer only a limited "standard of care" or obligation to treat them honestly, but does not have the higher fiduciary duty that would require putting the buyer's interests first.

If the seller's agent is also representing the buyer in a dual agency situation, then they would have fiduciary duties to both parties. However, this dual representation creates inherent conflicts of interest. Many advise against dual agency and recommend that buyers and sellers have their own dedicated agents to fully represent their respective interests.
Not false. We can quibble about the word "fiduciary" but a licensed agent must treat the buyer honestly and fairly and disclose pertinent information needed by the buyer to make informed decisions. If you read the 3 or 4 threads started by this OP, you can conclude that the seller's agent did not do this. According to the OP, the agent told the OP that, unless they signed an agreement to extend the inspection contingency period, they would lose their $10,000 deposit. That was not true. The agent does not have access to the earnest money because it is held in escrow by a third party. I do not believe that the OP knew that fact, and the agent did not disclose it. Also, the agent knew that the OP had a very sick husband and was under a lot of pressure. Nevertheless, the agent did everything possible to force the OP to complete the sale by continuing to threaten her with losing the earnest money. That is not the purpose of earnest money. Personally, I think the agent acted in a dishonest and unfair manner towards the OP, and possibly did not act in accordance with the Florida law of ethics for licensed agents.

[Lea N]

Went to close on house today. During walk through house was too HOT. AC NOT working good. Also dead cockroach 🪳 s all over bathroom. Went to closing co told them it's off if nothing fixed. Can we walk away? Will we lose our 10,000 we put down?? Help. Am so stressed

I think you can walk away, but I'm not sure. If the A/C has been off for a while this could explain the roaches. Try calling a company who sprays for bugs and ask them about this.

[frayedends]

I even gave you the definition and you still don’t understand that you’re the troll in this situation. And now I’m trolling you. The OP, not a troll, only a person asking questions and maybe doesn’t quite understand this site. She thinks this is somehow a helpful site but in reality it’s literally the same 20 or so people leaving rude comments ( trolling) people asking questions. Questions aren’t trolls. Trolls respond to questions…. You really need to brush up on your social media terminology.

I've been active in forums for almost 20 years. I know what a troll is. Your definitions are examples and my definition is also an example. I stated my reason for thinking the OP was a troll. Maybe I'm wrong, but her posting history is questionable at the very least. Asking questions is one thing, even starting multiple threads on the same subject is something people new to forums often do. But this person has a long posting history, claims to have owned 3 or 4 homes in the Villages and disappears whenever people suggest she get a lawyer and never answers questions on if she has done so. As a matter of fact, once the final bits of advice on getting a lawyer come in, the OP disappears without updates. One of her last posts said she had an inspection 3 weeks ago and all was okay. But 3 weeks ago she had 3 threads saying that the inspection was a disaster.

And yes, all of that could be because of her unfortunate circumstances. Hopefully things improve for her.

[Lea N]

Not at all. Had inspection done 3 weeks ago. All was ok. Hubby had stroke meantime. Went to walk through today and Air didn't work. Tk u for kindness

I'm sorry that your husband had a stroke. My thoughts and prayers are with you both for quick healing.

[OrangeBlossomBaby]

April 2021: hubby just had a stroke.
May 2023: hubby just had a heart attack AND they're moving.
May 2024: hubby just had a stroke AND they're moving.

In the past couple of years she's known her husband has serious health problems. She's also "experienced" health issues herself as of a few years ago. Yet they have enough energy and physical capability to deal with the stress of moving, having rooms and windows added to homes, having a couple of pools built in different homes...

But she doesn't know how to acquire moving boxes, and doesn't know how to find a lawyer.

Something isn't adding up here.

[bopat]

I'd negotiate with the seller. They have to fix the AC anyway. Most reputable places around here can do a complete AC replacement in half a day. As for the roaches, get in touch with a good pest control service, they take care of that stuff pretty quickly.

[asianthree]

April 2021: hubby just had a stroke.
May 2023: hubby just had a heart attack AND they're moving.
May 2024: hubby just had a stroke AND they're moving.

In the past couple of years she's known her husband has serious health problems. She's also "experienced" health issues herself as of a few years ago. Yet they have enough energy and physical capability to deal with the stress of moving, having rooms and windows added to homes, having a couple of pools built in different homes...

But she doesn't know how to acquire moving boxes, and doesn't know how to find a lawyer.

Something isn't adding up here.

You just described my parents:

Dad small stroke just after build of second house with a pool
2 years later mild heart issues week of closing on third house.
Dad decided best to downsize, Dad had a TIA, 3 days prior to sale.

It wasn’t until he died that I realized my Mom had zero input into any decisions. My Dad had all those issues, in his German weird upbringing the spouse never allowed to make any decisions, own car, have a job.

She never had any input on buying, selling or moving. We were not allowed to help or offer any opinions

I was so taken back when I found nothing was in my moms name or even listed my mom. Not utility bills, mortgages, cars, or the deed to the house. Had never written a check, or any knowledge of banking, investments or debt.

She would be just like OP, no idea how to close on a house, if there was problem, hire a lawyer, who to contact to help downsize, and pack.

I thank my grandparents, helped us, stand on own feet, let us make major decisions.

Even if it caused great issues with Dad, who then disowned us, because we decided all by ourselves, without his permission

[MikeVillages]

Did you have a home inspections?

[4$ALE]

Did you have a home inspections?

:read: PONDBOY asked several days and 85 posts ago......:rolleyes:

[Heartnsoul]

Tk u very much but we closed and AC was finally fixed. Husband in hospital, transported to Shands so I don't have time to come on here alot, read every post and respond. Tk u for your kindness