Repairs dispute on closing
 

Advice please - we are closing today and the Seller has refused to replace a double glazed upper window sash which the Home Inspector noted had condensation between the panes. The Seller is stating this is a cosmetic issue, so won't repair. Just wondered what you folks thought please?

I had condensation in two windows of the home I sold last year in Colorado. Came up on the inspection report, and I had to replace the glass, or else would have had to offer a “credit” to the buyer.

This must be a transaction thru The Villages. Yes they consider that cosmetic. You stand to lose your deposit if you walk over:
$50 measuring fee
$181 labor to install
$ xxx cost of window (say 200.00)

I think the numbers speak for themselves. Numbers accurate as of Monday.

IMO it is cosmetic item, the window function’s. If you don’t like it ask for replacement cost. if owner won’t accept it don’t buy it. But, may be too deep to pull out. Only you can make that decision. I have noticed most upgrade newly purchased home tearing out perfectly good counters, floors, appliances, sliding doors ext… anyway. Got ask yourself if window worth it?

Had the seller agreed to correct all issues detailed by the Home Inspector?

If you are only talking about one window try to compromise or risk losing the deposit.

Window is defective. It was brought up by inspector. Depends on how strong you feel. Also,
whether your closing is contingent upon inspection items being satisfied as to loss of downpayment and other potential expenses if you do not close (lawyer Fees etc). Perhaps share the cost as a compromise.

A business lesson I learned years ago. Put things into perspective. If the window replacement is $250 on a multi hundred thousand dollar sale, and you have already had expenses (Like cost of inspection), if you walk away you are losing money. Perhaps you might even want to gift them their prized window when you replace it so they can install it in their new abode.

Condensation between panes is a seal defect and is not just cosmetic (which is why the inspector noted it.) Sellers should repair it or give you an allowance for it. I do not think the homeowner gets to override the inspector.

If the home is less than 10 years old it would still be under warranty, you would pay the cost of installation and measuring only.

Many thanks all for your very helpful comments. I guess in the grand scheme of things, we are still purchasing our little piece of Florida - so I am happy.

The inspection report is not a to do list. The lender will require structural defects, building code violations, or safety issues to be fixed before funds are released. Cosmetic issues are negotiable.

I agree with your decision, now you can contact Lake Glass and Mirror for a replacement of the glass, probably will be less than replacement of the entire window assembly.

And welcome to the villages.

I'm confused that you are closing today. If this is a resale, any defects found during the inspection contingency period should been addressed and/or disputed at that time, which normally would have been long before the closing.

I would not consider condensation between the panes to be a cosmetic issue. The gas between the panes has leaked out, which compromises the thermal efficiency of the window.

If it's through The Villages personal real estate office, and their pet closing office, good luck with that.

The day I closed on my fully-furnished CYV, I inspected the home on the way to closing to discover that the sellers had stolen the best chair in the house. It was on the contract inventory and I had a photo of the seller's agent sitting in the chair.

Despite my photo and the contract inventory, both the sellers and their agent claimed the chair was not included, and I would lose my $10,000 deposit if I refused the deal. The Villages pet closing agent agreed. But good news! My Villages fake realtor negotiated $100 for a $900 chair! Then they held me up for 30 minutes after the closing on various made-up issues, while the sellers were released.

I drove straight to the house, to discover the seller's Mercedes SUV in my driveway, with the master bedroom TV stand and TV in the back. I found them in my living room, having used their illegally retained key for entry. They were in the process of stealing my big-screen TV. We had words, and they called me a "Dumb Okie", apparently for stupidly thinking that a contract means what it says. I called the Villages pet law enforcement office -- the Sumter Country Sheriff -- who, after hearing the details, told me to take it up with my closing agent.

Bad window, you say? Suck it up! Whadaya think this is Oklahoma or somethin'?

Who would have thought your seller could get away with that theft