[sallyg]

We had to give our buyer a credit on window replacement for the same reason. We considered it cosmetic, and a rather aggravating concession on our part, but wanted to close the deal. Read thru your sales agreement very carefully. You may find that fogged windows are considered a defect. The real question is - how badly do you want the house?

[MikeVillages]

We had the same issue two years ago.. We got an estimate and the price of a repair at subtracted at closing. Your realtor should have written your offer. Where a realtor is the lawyer, they should have input on what is common practice in TV.

PS
A window that has moisture between the glass is no longer insulated do is defeced. But you cannot get s replace window, only replacing the glass.

[Warren]

Originally Posted by CURLYSANDY

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?

Home inspection is for your benefit. Buyer beware. you have done your homework. Did you want the house after the inspection? Usually there is a 3 day out if you are not satisfied with the discoveries. Unless the seller has agreed to repair as a part of the contract, he is not obligated to pay. Doesn't make any difference whether it is cosmetic or more serious needed repair. I sold a lot of houses in my day. I got tired of the buyer "nickeling and dimeing " me. i started putting in my contracts that i would pay for anything over $500 and up to $5,000 and "consider" all others. This eliminated endless "punch list" and reinspections that had to be completed prior to closings.

[retiredguy123]

Originally Posted by MikeVillages

We had the same issue two years ago.. We got an estimate and the price of a repair at subtracted at closing. Your realtor should have written your offer. Where a realtor is the lawyer, they should have input on what is common practice in TV.

PS
A window that has moisture between the glass is no longer insulated do is defeced. But you cannot get s replace window, only replacing the glass.

Again, most buyers do not have a real estate agent who represents them, unless they have signed a buyer's agent contract, or they have hired an attorney. Otherwise, the agent represents the seller, per the listing contract.

[Robojo]

Originally Posted by CURLYSANDY

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?

If you can afford it just fix it when you get the house.

If you can't afford it it'll probably cost you more to walk away.

IMHO AS A BUYER You need to have these things agreed on during your due diligence period.

[Shipping up to Boston]

OP posted (#10) that they closed on the home or are closing. I do it as well at times (not read all posts).

OP....can you post how the issue was mitigated?

[Stu from NYC]

Originally Posted by Shipping up to Boston

OP posted (#10) that they closed on the home or are closing. I do it as well at times (not read all posts).

OP....can you post how the issue was mitigated?

oops thanks for that correction

[Blueblaze]

Originally Posted by Inspector Mark

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.

Well that's BS. Yes, you have the right to back out of the contract, if you're willing to give up your $10,000 deposit. Which is the same thing as saying, "Tough luck, Buddy, we hold all the cards, and, unless you're willing to spend $10K on a lawyer we don't own -- suck it up".

[Blueblaze]

Originally Posted by Topspinmo

I’m surprised you didn’t want the MB also. After all fully furnished in your mine would include the car and all personal items. IMO selling house furnish means they don’t want what in house and it usually don’t make more than couple thousand difference in price. But, the jerk should have said it don’t include these items. I agree should have been arrested for being in house after closing.

READ MY POST YOU COPIED.

The jerk Seller (and his jerk Villages Agent) specifically wrote into the contract that the ITEMS (they stole) WERE INCLUDED. There was an inventory. I took pictures of everything on that inventory. It made no difference. Contracts are only meaningful when you deal with honest people.

[miadford@gmail.com]

Any repairs that were supposed and agreed to be replaced had to have been done prior to closing. If your agent did not have your contract updated to show requested repairs then I’m afraid you are out of luck. But if you both signed an agreement to have it repaired then you can close today and the title company will escrow the amount needed (if there was an estimate provided), to fix or replace the window. It all comes down to your real estate contract.

[retiredguy123]

Originally Posted by Blueblaze

Well that's BS. Yes, you have the right to back out of the contract, if you're willing to give up your $10,000 deposit. Which is the same thing as saying, "Tough luck, Buddy, we hold all the cards, and, unless you're willing to spend $10K on a lawyer we don't own -- suck it up".

It depends on how the inspection contingency is written. In some cases, the buyer can cancel the sale if they don't like the inspection results. In other cases, the seller has the right to correct certain defects. But, the earnest money deposit is held in escrow by a third party, not by the seller. It is rarely forfeited.

[Blueblaze]

Originally Posted by retiredguy123

It depends on how the inspection contingency is written. In some cases, the buyer can cancel the sale if they don't like the inspection results. In other cases, the seller has the right to correct certain defects. But, the earnest money deposit is held in escrow by a third party, not by the seller. It is rarely forfeited.

There is no inspection contigency when the issue is failure to deliver all of the property described in the contract. The word for that is breach of contract. And the "third party"? That would be "the Villages" closing agency, held in an account at the Villages pet bank, Citizens.

As I said before, contracts are for honest people. They are worthless when dealing with crooks. Fortuantely, they were petty crooks, and all it cost me was a grand or so. My point is that The Villages hold all the cards in these deals, and the only thing they care about is closing the deal. They are certainly not going to let you walk over a cracked window or stolen chair. There is no "Third Party" to enforce the contact, as there would be in any normal real estate transaction.

[MikeVillages]

Originally Posted by retiredguy123

Again, most buyers do not have a real estate agent who represents them, unless they have signed a buyer's agent contract, or they have hired an attorney. Otherwise, the agent represents the seller, per the listing contract.

Was this a MLS or VLS listing? There is NO REASON not to have a buyer agent if it was MLS. When we bought our home we tried both. We were unhappy with VLS agents & resales. We ended up with MLS. We did not sign an agent agrement until we made an offer.

[retiredguy123]

Originally Posted by MikeVillages

Was this a MLS or VLS listing? There is NO REASON not to have a buyer agent if it was MLS. When we bought our home we tried both. We were unhappy with VLS agents & resales. We ended up with MLS. We did not sign an agent agrement until we made an offer.

In Florida, real estate agents can represent the buyer or the seller, but not both. Dual agents are illegal. An agent can be a transactional agent, but only with the written consent of the seller. As a seller, I would not provide this consent. That is the law. As a seller, all agents who show my house or receive part of the commission that I pay at closing would be representing me, the seller. If a buyer wants an agent to represent them, they would need to pay for that representation.

[MikeVillages]

Originally Posted by retiredguy123

... If a buyer wants an agent to represent them, they would need to pay for that representation.

Not true.
We had a buyer agent and his fees were paid by the seller. That is the current MLS rules. Maybe VLS is different.

If you disagree, please send a link to the Florida law. The law is required to state this otherwise MLS rules apply.

PS
We almost made an order on a VLS home. Their was only a seller agent. One of the things we disliked about the contract was it stated holes is screens are cosmetic, not defects. WTF! We did not wasted time with VLS after that.