[roguesearcher]

Originally Posted by Heartnsoul

Here is the latest. No I haven't signed the extension I believe they have till Friday to repair. The contract is difficult for me to understand and my husband had a stroke so he can't help the realtor who sold us home showed us one other in Area which I liked (Realty Executives) however told me seller won't budge on price. That same day , few doors down, this one came on market, same exact model, but $40,000 less. Realtor told me good price and it will go fast. I believed her and since my husband has major surgery coming up and I wanted to get him settled I guess I acted too fast and now regret it because of water damage found and windows need replacement. I'm so stressed. She just keeps asking me to sign extension. I told her no. I don't want this one, will wait till YOUR LISTING GOES DOWN and she said I can't get out of this!! Can't handle this stress. Hubby already had stroke

Go directly to the Broker ASAP. Tell him you want the money back. Tell him you'll go to the Seniors Crime Group as mentioned in this post, if he doesn't cooperate. You may need their help.

[Finchs]

Originally Posted by retired guy

I would ask / tell RE that you do not want to proceed. If they are working for you not the seller they will advise. But read your agreement.

This was news to me, but in Florida the state statutes define both agents as working for getting the sale to completion. That means the seller wants to sell, and so do BOTH agents.

[Heartnsoul]

As per contract says RE AGENT. I cannot get my money back. Have to give them time to remedy situation

[Heartnsoul]

The carpet was soaked so water coming up from underneath

[Normal]

Originally Posted by Heartnsoul

The carpet was soaked so water coming up from underneath

That one could be an expensive fix. It won’t be repaired by Friday.
Costs could include cutting and removal of concrete, plumbing repair and the refill with reinforcement rebar and concrete. Somewhere in there will be the 2 day cure of the cement. Then the padding and new carpet can be installed.

[frayedends]

Okay, so regardless of who the realtor is representing, if the contract says you have to give them time to remedy the situation then you have to give them time. If that time is 10 days per the contract and you don't let them extend that, and they can't fix it in 10 days, at that point request your deposit back and release from the contract.

[Heartnsoul]

Real estate agent just called to tell me it was a broken sprinkler system? Is that possible water would shoot up into our villa closet from neighbors sprinkler system?? It's a stucco villa

[retiredguy123]

Originally Posted by Heartnsoul

Real estate agent just called to tell me it was a broken sprinkler system? Is that possible water would shoot up into our villa closet from neighbors sprinkler system?? It's a stucco villa

In courtyard villas, the nextdoor neighbor has several sprinklers located under the eave of their neighbor's house. If one of these sprinkler heads breaks, it can shoot a geyser of water that hits the roof eave and water gets into the attic and trickles down into the house. This can also happen if any sprinkler head sprays water at the roof eave. I don't know if this is the same situation. I cannot think of another situation where sprinkler water would get into a house, except maybe if it is spraying water at a window. Sprinkler pipes are not located under the house.

[Normal]

Originally Posted by retiredguy123

In courtyard villas, the nextdoor neighbor has several sprinklers located under the eave of their neighbor's house. If one of these sprinkler heads breaks, it can shoot a geyser of water that hits the roof eave and water gets into the attic and trickles down into the house. This can also happen if any sprinkler head sprays water at the roof eave. I don't know if this is the same situation. I cannot think of another situation where sprinkler water would get into a house, except maybe if it is spraying water at a window. Sprinkler pipes are not located under the house.

If so, the roof and attic space under the geyser could be water damaged where the soffit is connected. I definitely would be looking at mold damage.

[KAM+6]

Originally Posted by Heartnsoul

No I don't believe inspector took photo of damage but he couldn't figure it out. Of course RE agent was there and tried to tell him it's probably neighbors sprinkler system? Making light of it

So much for "Code of ethics"with mls. Contact a lawyer ASAP

[retiredguy123]

Originally Posted by KAM+6

So much for "Code of ethics"with mls. Contact a lawyer ASAP

I agree. It seems to me that the real estate company should return the earnest money and remove the house from the market for a month or so while they completely alleviate the water issue. The purpose of earnest money is for the buyer to demonstrate that they are serious buyers, not for the real estate company to hold the buyer hostage and to force an unwanted sale. In my opinion, the real estate company is not acting appropriately by refusing to cancel the contract and to return the money. I would expect this behavior from a car dealer, not a licensed real estate company who is bound by ethics under state law. A simple demand letter from an attorney would end this fiasco immediately.

[DrMack]

I would be onto a lawyer ASAP. Not all real estate agents, but many, are in it for the money. The house was likely difficult to dump on anyone. Now that they have you on the line, they will be hesitant to let go. It may be some time before they hook another.

[frayedends]

The seller decides if they will issue a refund based on the contract, not the real estate agent. The agent should be presenting a release to the seller to sign and release the funds. If the seller says they won’t sign, the agent can’t do much.

If this was an irrigation line leaking underground it could cause this problem and be an easy fix. Of course, carpet and even compromised concrete could need replacing.

[retiredguy123]

Originally Posted by frayedends

The seller decides if they will issue a refund based on the contract, not the real estate agent. The agent should be presenting a release to the seller to sign and release the funds. If the seller says they won’t sign, the agent can’t do much.

If this was an irrigation line leaking underground it could cause this problem and be an easy fix. Of course, carpet and even compromised concrete could need replacing.

Not exactly. First of all, the escrow company determines if the buyer has breached the contract, which is the only time the earnest money can be forfeited. Second, the broker legally represents the seller via the listing contract. In many listing contracts, the broker is entitled to half of any forfeited earnest money. In some states (not in Florida), you actually need a court order to have earnest money forfeited. The reason earnest money would ever be forfeited would be to cover any losses the seller incurs. So, even if the money is forfeited, the buyer can seek a refund unless the seller can prove that they lost money, such as actually selling the house for a lower price.

But, as a practicable matter, I believe that, if an attorney demanded that the earnest money be returned, I doubt that the broker or the escrow company would challenge it.

[retiredguy123]

Originally Posted by frayedends

Okay, so regardless of who the realtor is representing, if the contract says you have to give them time to remedy the situation then you have to give them time. If that time is 10 days per the contract and you don't let them extend that, and they can't fix it in 10 days, at that point request your deposit back and release from the contract.

Exactly correct. And, the agent has already tacitly admitted that the repair will take more than 10 days by asking the buyer to extend the repair time. Unless the buyer really wants the house, under no circumstances should they sign an extension.