[Shipping up to Boston]

Originally Posted by SusanStCatherine

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.

Agree
The condensation is normally representative of argon gas being released from the pane. So definitely an insulation issue...not just cosmetic. See if the seller will meet you in the middle on replacement....small moral victory. If not, I agree with earlier post, on the overall purchase (assuming everything else is on the level), I wouldn’t walk away from the deal for a few hundred dollar fix

[rsmurano]

I have friends that asked me to look over their home the day before they closed. There was about $800-$1000 worth of items that were not fixed after the inspection a month prior. My friends were so p1ssed they were going to walk away instead of closing. Instead, the seller setup a pot of money that both parties agreed too to fix the items. The parties closed on the house the next day.
All of this should have been in the purchase agreement: based on the inspection, all items should be repaired before closing, at least that’s what I have put in the contract.
I sold my last home on my own and I stated “as is”, I would not fix anything and I didn’t. The buyer still had it inspected to make sure if anything was found, the buyer would have to determine was it worth pursuing if the inspector found anything. Inspection was clean.

[Shipping up to Boston]

Originally Posted by rsmurano

I have friends that asked me to look over their home the day before they closed. There was about $800-$1000 worth of items that were not fixed after the inspection a month prior. My friends were so p1ssed they were going to walk away instead of closing. Instead, the seller setup a pot of money that both parties agreed too to fix the items. The parties closed on the house the next day.
All of this should have been in the purchase agreement: based on the inspection, all items should be repaired before closing, at least that’s what I have put in the contract.
I sold my last home on my own and I stated “as is”, I would not fix anything and I didn’t. The buyer still had it inspected to make sure if anything was found, the buyer would have to determine was it worth pursuing if the inspector found anything. Inspection was clean.

I’m pretty sure even under your description....if it’s disclosed in an inspection that there was mold or foundation issues etc....you would be held liable for that. Obviously you can walk away as could the buyer if you chose not to fix anything...but doesn’t absolve you from that liability.

[Gunny2403]

It’s not cosmetic, it is seal failure. Having said that, replacing is not difficult.

[RRGuyNJ]

Originally Posted by Topspinmo

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?

This is definitely more than a cosmetic issue. The gas filled glass panes have failed and results in a loss of energy efficiency. Yes, it's probably an extremely small loss in efficiency overall/. That coupled with the incredibly high price of homes in The Villages, things should be prim and proper when buying and selling.
Now if it's an older home, say 20 years and up it may be a somewhat fixer upper. Then I would just shrug it off.

[gighilton]

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?

Most likely the window pane seals are broken or compromised. It causes condensation between the two window panes... doesn't look good, and the window is not funtonal...but its up to you and the seller who pays for the repair.

[Dot Rheinhardt]

Originally Posted by CURLYSANDY

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.

We had an issue on a silly item after the buyer wanted repairs not noted by their inspector. I balked - enough was enough. I said we didn't need to sell. The listing and selling agent split the cost.

[merrymini]

This is an issue on the day of closing? Does not sound right. Is somebody just stirring the pot here?

[ron32162]

Cosmetic issues can be remedied sometimes, BUT it will not cancel a contract you would be in default of the contract and you would loose your deposit or more.

[Rich42]

That is exactly why you should have a lawyer at the closing. Lots of little unexpected things can come up at closings and without a lawyer you are virtually helpless. I have had things like this happen many times at closings and without a lawyer I would’ve been on the losing end every time.

[Stu from NYC]

Hoping OP comes back to tell us what happened

[Calisport]

Sold a house on the west coast. All windows had lost their air pocket and was noted in inspection. It was just an 15 year old window issue back then and maybe cosmetic only so the buyer just accepted that and other requests. The inspector originally marked down every little thing he saw so I had to give an explanation for each and the buyer still bought the house. Your realtor should be the expert for you.

[retiredguy123]

Originally Posted by Calisport

Sold a house on the west coast. All windows had lost their air pocket and was noted in inspection. It was just an 15 year old window issue back then and maybe cosmetic only so the buyer just accepted that and other requests. The inspector originally marked down every little thing he saw so I had to give an explanation for each and the buyer still bought the house. Your realtor should be the expert for you.

Note that most buyers are not represented by a real estate agent, only the seller.

[Topspinmo]

Originally Posted by mtdjed

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.

You’re talking to wrong horse I’m not in race.

[OrangeBlossomBaby]

So - just an interesting aside about "losing your deposit" - when our home was up for sale up north, we had the same situation. A buyer wanted to pull out a couple weeks before closing, because it turned out he didn't qualify for the mortgage that he claimed he had pre-approved. We had the right to keep the deposit. But then their lawyer informed us that he would sue us for the deposit, which was in escrow. And we wouldn't be allowed to re-list the house for sale until the courts decided on the suit. So then WE had to decide if it was worth several months or even possibly years of paying mortgage on a home we no longer could afford to live in, because the deposit on a purchase was stuck in escrow - or if we'd just give the guy his deposit back and carry on with our lives.

So we ended up giving the guy his deposit back. We hated that. But if the potential buyer wants to play games, he COULD tie up the sale of the property with a lawsuit, even if he signed his right away when he made the offer.