The REAL ESTATE ANSWER I GOT
 

For anyone following my post, the latest is the R.E. AGENT called me to tell me they figured it out and NOT to worry. It was a broken water sprinkler head. I asked who determined that? He said irrigation guy. He said it's fixed and all dry now. How do I know for sure. I'm under so much pressure. Husband going for brain surgery Monday. Deadline almost up. What do I do??? Attorney will charge a fortune.

Tell them a verbal from an "irrigation guy" was not part of your contract. A licensed home inspector IS. If you can't show me a clear report from a licensed home inspector, Deal is off!

If the home inspector returns and sees no issues, you will know with certainty the problem has been fixed. The cost will ONLY be for a second inspection. Attorney fees will be much more.

If the agent refuses, you have the right to call the inspector and have him check the fix. Again, cost will only be for a second inspection.

Do not recall, have you hired a home inspection company to inspect the house. If so go to them if not, seriously consider hiring one.

Hope all goes well with husband surgery

Yes. He found water damage

I would just call the inspector see what he finds? Then go from there?


Wouldn’t the neighbor be responsible for any damage? IMO this most stupidest thing developer did put popups under the roof overhang house of next door property owner house. IMO that 1 foot are is for drainage and should be nothing in it including irrigation up against neighbors house. If I had those in my yard (which I don’t corner lot) I would remove popups and cap them off relieve me of any responsibility of damaging neighbors property.

This orbit popup will fail due to white bushing deteriorating and cracking. IMO wise to remove and at least replace with different design.

This is such a tenuous solution and you are under such pressure. I, personally, would NOT close on this property.

If they allow a clause on the sale contract that the seller will be financially responsible for any continuing water difficulties in that area or knock $5,000. off the price, maybe... There is a reason the seller wants out, IMHO.

I wouldn't go through with the closing. You should be able to get an attorney to send a letter to the broker and the escrow company demanding that the sales contract be cancelled. A simple letter shouldn't cost a fortune. The earnest money is in escrow and it does not belong to the broker. It should not be used as a ransom.

Call D’Angelo - he did my home inspection and you can completely rely on him. One time I called them about a water leak in the garage, he asked me to describe it. And he told me, over the phone, it was the irrigation. When we changed the nozzle, the problem was solved. D’Angelo didn’t charge a penny for his help.

I agree with not closing on the house. But, the title company would never allow a contingency clause like that at the closing.

Don’t pay the title company UNTIL your terms are met. My agent would not give me the keys to the house no matter how many times I asked because she wanted to be the property manager when I was away as a snowflake. I wrote on the title document that I did not receive the keys and can’t get into the house and therefore, can’t pay for this. The title company called me as I was 2000 miles away and said it wasn’t their concern. But they let the broker know and the keys were delivered to my northern address. Then I paid the title company.

You contact an attorney - the same advice you’ve been receiving for about a week. It won’t be a fortune for help on this issue. RvR on spending a few hundred on an attorney v the cost of settling in this house is significant.
Do NOT accept the word if agent, contact attorney NOW.

I wouldn’t. An attorney can’t fix the leak or tell where it’s from, or what else might be wrong with the house, but they can sure charge!

Most likely not but it would give them some ground to stand on for not closing. The current owner cannot guarantee this won't be an ongoing or increasing problem at this point.

It would depend on the wording of your sales agreement, did it say, you bought the house in “as is” condition, or that all things work based on the findings of your home inspector? If the first case, then you have to go along with the closing. I assume it is not a new house. That would be under warranty. It’s worth looking into this because it may effect your house insurance premium, or even if you get one.

Wouldn’t the original home inspector just go back and check out the repair? Can’t the seller provide the quote and invoice for the repair. This seems very simple. Apart from that you would look at it during your final walkthrough. If they found an issue and corrected it then this could all be fine. There isn’t always some nefarious intent.