Repairs dispute on closing

 
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Old 05-15-2024, 04:40 PM
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Originally Posted by villagetinker View Post
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.
Your home windows are through Romac not Lake Glass. Call home warranty for the contact phone number.
 
Old 05-15-2024, 04:45 PM
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Originally Posted by retiredguy123 View Post

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.
YOU may not consider this cosmetic but the listing agent and the selling agent as well as the arbitration firm that they use (per the listing agreement) consider them cosmetic. ALL Village agents consider them cosmetic, some may be smart enough to write in the contract to replace them, most will not think about it.

As many things in life, everyone has an opinion...

The prices stated by me for window replacement are accurate as I just ordered some windows Monday through Romac.
 
Old 05-15-2024, 05:13 PM
frayedends frayedends is offline
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As others have said I’m confused that it’s coming up on closing day. If your offer was contingent on satisfactory inspection and they didn’t agree to fix it at that time the deal should have been negotiated at that point.

As far as it being cosmetic, nope sorry not buying it. Now maybe I’m wrong because I’m in Massachusetts full time. But double glazed windows have a gas (usually argon) inside for insulation. If the seal is broken then the gas is gone and with it any insulation value. That is not cosmetic. Would I lose the deal over it, nope. It’s a few hundred bucks. So suck I’d suck it up.
 
Old 05-15-2024, 06:33 PM
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The seller does not have to fix anything! The inspection is so you can learn about the condition of the house. Of course you have he right to back out of the deal for ANY REASON you find unsatisfactory.

In most real estate transactions there is give and take. In my experience, as a 30 year Home Inspection business owner, most sellers will make some concessions to keep the deal moving forward.

As a buyer, you had X amount of days for your inspection contingency period. If you are outside of the period you have excepted the house as is. if you back out now you could loose your earnest money deposit.
 
Old 05-15-2024, 07:36 PM
scubawva scubawva is offline
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I know, not think, it comes down to your contract.
Why is this an issue at closing and not during the contractual “inspection period”?
What do you want? Is this something that’s a deal-breaker?
What anyone thinks is irrelevant, you have a legally binding contract.
 
Old 05-16-2024, 04:45 AM
Wayne Mudge Wayne Mudge is offline
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Originally Posted by CURLYSANDY View Post
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?
The condensation between panes is a defect due to broken seal. The moisture does have to go somewhere, sometimes into a wall cavity where it rots the wood and also causes mold growth. If the seller has not fixed that issue, which I am sure he knew about, the question is: what other problems has he ignored?. You Realtor should be insistent of the repair prior to closing or just don't close. there are tons of homes out there for sale.
 
Old 05-16-2024, 05:14 AM
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Originally Posted by Wayne Mudge View Post
The condensation between panes is a defect due to broken seal. The moisture does have to go somewhere, sometimes into a wall cavity where it rots the wood and also causes mold growth. If the seller has not fixed that issue, which I am sure he knew about, the question is: what other problems has he ignored?. You Realtor should be insistent of the repair prior to closing or just don't close. there are tons of homes out there for sale.
Someone can't "just don't close." As mentioned a few times, what does the purchase and sale contract state? If there was an inspection there has to be some language on what is required and when. If a buyer just backs out of a deal they could lose their deposit.
 
Old 05-16-2024, 05:30 AM
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Originally Posted by retiredguy123 View Post
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.
Yes, how is it that the issue is still being pondered on the day of closing?

Also if it is a pre-owned T V sales the seller had to agree to quite a large amount for potential repair costs. When I sold my house in T V it was 1% of the listing amount. The fairly large number really scared me on the sale of a 3 yr old house.

Stupid me didn't have an inspection done on the new build. There was a torn shingle clearly torn by a worker not weather related on the roof and a garage exterior light socket that was manufactured wrong and never worked. I never used that light so had no idea it never worked. I was happy these were cheap fixes but during the inspection period it was requested that I fix them so as they were not cosmetic I did.

Realtor did a bad imo. They should have represented if buyer pressed for a fix.

Agree condensation is sign of moisture and in FL that is never a good thing nor would that seem to be cosmetic as it can mean window seal is defective. Owner should have dealt with that at some previous point.

Last edited by GizmoWhiskers; 05-16-2024 at 05:56 AM.
 
Old 05-16-2024, 05:36 AM
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Walk away
 
Old 05-16-2024, 05:57 AM
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Quote:
Originally Posted by CURLYSANDY View Post
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?
Normal wear and tear iits a used house!!!!
 
Old 05-16-2024, 05:59 AM
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Quote:
Originally Posted by CURLYSANDY View Post
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?
Walk away or take as is and fix yourself or close and don’t fix it.
Those are your 3 options so decide which you want to do.
 
Old 05-16-2024, 06:12 AM
Mrmean58 Mrmean58 is offline
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Originally Posted by vintageogauge View Post
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.
While the window may still be under warranty, the seller should initiate the replacement. As called out earlier, it is defective. If both parties agreed to the need for a home inspection, any item cosmetic or not can be called to address as a condition of closing.
Personally, if not corrected or a full credit provided in escrow, I won't close and would start the paperwork to have my deposit returned in full. The seller has a lot to lose in a case like this.
 
Old 05-16-2024, 06:25 AM
Travelhunter123 Travelhunter123 is offline
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Quote:
Originally Posted by CURLYSANDY View Post
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?
Play hard ball
Call up your agent and state you will not attend the close unless there is monetary consideration provided by him or the seller
 
Old 05-16-2024, 06:30 AM
nn0wheremann nn0wheremann is offline
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Quote:
Originally Posted by CURLYSANDY View Post
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?
Money talks, bulls**t walks. If the sales contract requires repair, demand it or pull out of closing. Whatever the cost of the repair, double it. Seller was supposed to get the work done.
 
Old 05-16-2024, 06:33 AM
frayedends frayedends is offline
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Please ignore the people telling you to walk away. They don’t know what is in your contract. You generally can’t just walk away on closing day without serious repercussions.

ETA: the closing was yesterday so my post is meaningless for the op (who already stated they are moving forward). So my post is more for the people saying to walk away.
 

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seller, closing, issue, condensation, panes
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