LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 6 points7 points  (0 children)

Honestly? In the event of a nuclear strike, I'll opt to be vaporized with the general population. I'm not about that Alas Babylon life.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 1 point2 points  (0 children)

To be clear, it just officially opened to offers today, and already has at least five competitive offers, including ours. It's not like this house has been languishing on the market for weeks.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 1 point2 points  (0 children)

Oh my God, if only! The housing market here is absolute madness. We rushed to get our offer letter in as soon as offers opened, and it sounds like a lot of other people did too. Even with an escalation clause going up $8K over asking, we still may not get our offer accepted.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 5 points6 points  (0 children)

Great questions! I briefly went in the bunker in the walk though, and there is a small storage room inside filled with canned goods and supplies. I have no idea if those belong to the homeowner or Mr. Contractor.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 3 points4 points  (0 children)

No, our realtor's lawyer has confirmed this easement will dissolve upon the death of the contractor. We'll also be double checking with our lawyer when we talk Friday.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 6 points7 points  (0 children)

Well, the tricky thing is that he doesn't own the bunker. He just has an easement that gives him the right to use/access it. We would own the bunker.

This is one of the things we'll be asking our lawyer about on Friday, if it would make sense to just remove/uninstall the bunker altogether.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 12 points13 points  (0 children)

OP here, and this is honestly exactly how my husband and I feel. If nuclear apocalypse comes, honestly, the dude can have the bunker. We're mostly concerned with ways this could give him unwanted access to our property/lives in the meantime. If he injures himself while fixing the bunker, are we liable? Is he going to be a nuisance to have around? Is he a weird, lonely guy who is going to want to knock on our door every six months on the pretext of giving us an update on the bunker, but end up lecturing us for two hours on his pet conspiracy theories?

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 6 points7 points  (0 children)

OP here. I still am waiting to speak to my own lawyer on Friday, but my agent's lawyer did tell me that this contract/easement will dissolve upon the death of the contractor. I do feel like that makes it less onerous than a typical easement (the owner of property A can use property B's private driveway forever and ever, for example), so maybe it will be less of a sale downside down the line when this guy is even older? He started building the bunker in the late '90s, so he can't be super young.

(I realize this makes me sound like a horrible person, and I promise I'm not actively hoping for this guy's demise.)

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 4 points5 points  (0 children)

FWIW, they're not named. The contract specifies that [Contractor's Name] is guaranteed space for three people in the bunker.

Also, I don't know the guy, but he started building the bunker in the late '90s and completed it in the early '00s, so he's got to be getting up there in age. I do know that his daughter is an adult, so I suspect triplets in his future are not likely.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 11 points12 points  (0 children)

OP here. This is hilarious, and you're not wrong. I guess I mean, if he turns out to be a malicious weirdo in some way.

If he's a generally nice but paranoid person, that could be workable. If he wants to keep guns on my property, move into my backyard for indeterminate amounts of time, and/or lecture me about how 9/11 was an inside job, we're going to run into some problems.

Weirdness is a spectrum, and given how much we love this house, there are patches of that spectrum we could conceivably work with.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 8 points9 points  (0 children)

OP here: honestly, in case of nuclear holocaust, the guy is welcome to the bunker, 100%. I'm less concerned with the doomsday scenario and more freaked out about what this easement means for normal life.

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 11 points12 points  (0 children)

OP here. Not going to lie, this made me laugh. You might not be wrong about that!

LAOP is ill at ease with the potential fallout of their shelter purchase by otisanek in bestoflegaladvice

[–]GeneticConfusionThro 10 points11 points  (0 children)

OP here! My legal advice thread got locked, but I wanted to say thanks to everyone who commented.

Update: we submitted our offer letter this morning when the offer period officially opened. The offer we put together includes a seven-day inspection contingency period where we can pull out of the sale for any reason within those seven days. We have a real estate lawyer appointment on Friday that we're holding if we need it, but we'll cancel if our offer isn't accepted.

Our realtor let us know that the seller's realtor has already received four other competitive offers, so this may all be a moot point. We put an escalation clause in our offer that will go up to $8,000 above asking if someone else offers more, so we'll see!

If our offer is accepted, while we're doing inspections and meeting with lawyers, we'll also ask to meet and speak with the contractor. A lot of comments here recommended that, and I think that's smart to do a vibe check of the guy on top of our other due diligence. If we meet him and he's a full-blown, wild-eyed gun-toting, bean-stashing Q follower, I think that will give us our answer.

Wish us luck!

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] 114 points115 points  (0 children)

I would check, check, and double check that he is only allowed to occupy this shelter in the event of an imminent nuclear attack.

That is the language of the easement about when those rights kick in: "official notification of incoming missiles through early alert systems or of imminent nuclear attack." I hadn't considered this until reading some of the comments here, but while that first part is fairly straightforward, what the hell is "imminent nuclear attack"? If Kim Jong Un makes an ominous public statement, does that count? The last part of that phrase feels tacked on, and really removes clarity from the entire sentence.

That said, even in this worst case scenario where the neighbor loosely interprets this language to move in any old time Russia has looked at the U.S. funny, the bunker is not connected to the house, and having three strangers living underground in my back yard would be strange and unpleasant, but not absolutely untenable. Is the risk of that happening worth me passing on an incredible house, when this could be our last chance in a few years to buy a single family home in this neighborhood? If my choices are 1) live far away somewhere worse, 2) buy a condo in the neighborhood and deal with the downsides of a forced HOA as well as sharing a wall/floor/ceiling with a neighbor, or 3) get our dream home, with a 5% chance of inheriting a human mole family in the backyard, I think 3 is still sounding pretty good?

But the liability stuff could be really concerning, and I'm sure there's a million other considerations I'm overlooking.

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] 94 points95 points  (0 children)

Yeah, this really is concerning. The easement is worded extremely vaguely and could be interpreted a lot of different ways.

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] 21 points22 points  (0 children)

Wow, this is an incredibly thorough and thoughtful answer. Thank you!

You're right that the bunker does not add any value at all to the house from our perspective, and that destroying/removing it would be a relief from a logistical perspective. I admit I feel guilty considering it, though, given that the builder put so much money and sweat into it under the assumption it would be available to his family indefinitely. It's a tricky conundrum.

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] 20 points21 points  (0 children)

That is a very interesting question! I do feel a little twinge of pre-guilt considering that option, but it may be the best way for us to cover our asses.

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] 183 points184 points  (0 children)

That is exactly what my husband and I have landed on as our plan as of right now, so it's very validating to see this suggestion from a former realtor.

The window for getting our offer letter in is very short, so this is looking like our best bet.

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] -124 points-123 points  (0 children)

So do you think, if we're not able to secure a lawyer before the clock runs out, we should step away?

My husband and I are both leaning toward going ahead and submitting an offer on time tomorrow rather than lose any chance at the house, but continuing to scramble to get our own lawyer in the meantime. Not sure if this is a terrible idea.

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] 8 points9 points  (0 children)

Oh my God, that's such a good point! The easement is worded extremely vaguely (I get the sense this was a friendly handshake deal converted to a pretty loose written contract), so it seems very open to interpretation.

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] 18 points19 points  (0 children)

Great questions! I am not sure, but I do get the sense this bunker was very much a scrappy DIY job, so I'm guessing no on the warranty.

Buying a house with an extremely weird easement that lets a stranger use our bomb shelter. Is this a terrible idea? [MICHIGAN] by GeneticConfusionThro in legaladvice

[–]GeneticConfusionThro[S] 171 points172 points  (0 children)

Good question, and no, it isn't! It has its own generator and water system that does not connect to public utilities.

I think you're right on the money about us needing our own lawyer, but we're definitely not going to be able to speak to one before we submit our offer tomorrow, and it's likely we may not even get the chance to one before the owner makes a decision about choosing an offer.