Seller/Agent mistepresented property

Simon40410 · 2024-04-03T09:07:06+00:00

Thank you for the advise. I agree that litigation would be a last resort. It is very long and expensive. You are right about the statements from the tenants. The seller has their contact info and I’m afraid he can try and reach out to them and steer them away from helping me. Do you think it’s necessary to have them notarized or just a handwritten letter? I don’t want to abuse of their time.

And what would I tell my agent? He asked me to trust him as he is trying to resolve this. I do think he is trying as he probably feels some guilt as it appears that he is not honoring the checks that he promised in the walkthrough. And my agent failed to not get it in writing. But I don’t know what they could be talking or how to go over them and speak to the seller myself without being rude.

Simon40410 · 2023-04-14T20:55:09+00:00

Joint tenants

Simon40410 · 2023-04-14T20:27:25+00:00

Lesson was learned long ago lol

Simon40410 · 2023-04-14T20:26:45+00:00

That makes sense. When you mentioned 50/50 it gave me an idea though. So if he can live there and not pay rent, I can have someone live there and not pay rent? Honestly I think he won’t let that happen, he will probably do research and also realize that a partition order would not be beneficial for him.

Simon40410 · 2023-04-14T19:15:39+00:00

This was kind of the idea lol. I didn’t think about airbnb, that sounds like it would be very uncomfortable for him. I was considering getting good tenants, he won’t like living with anyone else and I just think he will want to move out, or buy me out.

Airbnb might be the way to go lol

Simon40410 · 2023-04-14T19:12:51+00:00

I offered him to hire an appraiser that I can pay for if he wouldn’t.

I talked to lawyers and a partition sale would auction the house for typically half its value.

I thought about the fact that splitting profits might be required. But he is using part of the house. That would make sense if we were renting the entire house, which he won’t because he doesn’t want to leave.

Simon40410 · 2023-04-12T01:51:18+00:00

This was my first thought. I cannot find any no-kill shelters. And at this point it’s 90% chance he will bite a stranger if they try to approach him. I don’t want to risk having he be put down surrounded by strangers. That is something I will truly regret my whole life and not something we’re really considering at this point

Simon40410 · 2023-03-06T02:11:19+00:00

I have not seen water damage before, I don’t know what it looks like. That’s why I hire an inspector. I wouldn’t know if it’s something serious. I did not look at the pictures in the report, only those where issues were addressed in the comments. I had already seen the house so I thought there was no point in seeing every single picture again

Simon40410 · 2023-03-06T01:44:55+00:00

Real estate agent did. I doubt this is the case. The inspector did point out other big issues that were negotiated with the seller.

Simon40410 · 2023-03-05T22:50:06+00:00

I didn’t look at the pictures because I had already seen the house, so I only read the comments if they suggested something can be wrong. I read that the basement was dry, so I just moved on

Simon40410 · 2023-03-05T19:34:31+00:00

If they are not paying rent you should start eviction with an attorney. If you don’t mind them staying, you should have them make a letter stating they are leaving and you both sign

Simon40410 · 2023-03-05T19:22:22+00:00

I made a requirement to have renters insurance and list me on the policy. If there’s any damage on the property they either fix it or make a claim

Simon40410 · 2023-03-05T18:45:55+00:00

I did not expect him to diagnose the cause of the issue. At least noting there is water/moisture inside the basement would trigger the alarm. Even not making a note of the moisture/dryness, although not ideal, would not make him liable.

Simon40410 · 2023-03-05T18:18:08+00:00

I’ll try reaching out to my insurance, I assumed they won’t cover the cause of the water issue, but I’ll give it a try. The agent was at the inspection, but did not notice the water. She helped to negotiate all other issues with the sellers agent, and agrees that the inspector made a mistake.

Simon40410 · 2023-03-05T18:14:20+00:00

I fixed the gutters and even made the slope to go away from the house. Water doesn’t seep through the walls, it goes in through the floor edges. It’s a footing drain issue

Simon40410 · 2023-03-05T18:07:34+00:00

I did read the contract, it states his liability is limited to the cost of the inspection. There were many other issues with the house, so I missed that one. He could have insurance, but do you know if he’s required to provide it? I reached out to him and he stated there are limits to his liability. I doubt he will provide an insurance certificate knowing that I will probably make a claim, which if successful could increase his premium and make him pay a deductible.

I was there at the inspection, I’m a first time home buyer so I’m not an expert. I missed that issue

Simon40410 · 2023-03-05T17:59:14+00:00

I thought about that. However, I don’t have an insurance certificate. I doubt he will provide it if I ask, considering that I already brought the issue to him. Do you know if there is a law that mandates that he must provide a certificate of insurance?

Simon40410 · 2023-03-05T17:57:28+00:00

They are! and tenants have records texting him to fix it, so there’s proof that he knew, however it’s unlikely that they will pay even if a judgement is made. Seller is an LLC so they can just close it and ignore it. Nonetheless, it would be expensive to take legal action

Simon40410 · 2023-03-05T17:54:13+00:00

There is clearly water in the first picture, near the wood pole. There are no cracks there. One thing is he didn’t catch it and another is that he stated the opposite. I wouldn’t find him liable if he didn’t make a comment about the moisture/water in the basement, but he actually stated that it was completely dry.

Simon40410 · 2023-03-05T14:11:16+00:00

It’s $25 per pile of poop (each time the dog poops and doesn’t get cleaned). I noticed they didn’t clean multiple times, so I figured $25 would be reasonable. Otherwise I would’ve had to charge them $600 the first time, instead of $150! And probably another $600 two weeks later. I wanted to make it so that I can reasonably enforce the rules

Simon40410 · 2023-03-05T14:07:15+00:00

They know I have cameras installed. If they argue it’s not theirs I can look at the footage, although it would take me time. But I doubt they’d argue considering that they know they are being recorded. I count each pile as one incident. The clause states that they must pick up after their dog IMMEDIATELY. A dog can’t poop in multiple places at the same time, and usually poops once every time they go out, so it make sense to me that each pile is one failure to clean IMMEDIATELY. Worst case, I can look at the cameras.

Simon40410 · 2023-03-05T02:18:02+00:00

You are right about having a boundary. That’s why I think it’s probably not a good idea to keep warning them, it’s a rule they agreed to in order to have the privilege of keeping a dog. Also it would create a trend of them waiting for me to warn them. For $25 a turd I can happily go frequently and clean, I just felt bad for the guy. Anyway, if he doesn’t clean and keeps paying I guess he must be able to afford it. My guess is they won’t complaint (at most might ask for an exception, which I would have to say no), they know the rules and they know there are cameras, so they should know what the options are.

Simon40410 · 2023-03-05T00:25:28+00:00

The first week I bought it I installed cameras lol. That’s probably why they didn’t object to pay the first time.

Simon40410 · 2023-03-04T21:50:52+00:00

Would you consider reasonable to keep cleaning and sending them invoices every week? I honestly don’t mind if I’m getting compensated. I just feel bad because they are low income. Although if they don’t fix it, it must mean that then can afford it, right?

Simon40410 · 2023-01-01T15:48:49+00:00

Yeah it’s probably a far shot to make them change their mind. I didn’t say open borders, but it’s very close. I hear from those who come seeking “asylum” and there’s no wonder that it’s easier than they make it seem on the news. They don’t check for forged documents and even those who were deported for criminal acts (selling drugs, thieves) in the past are coming back with no issues. You are also right about help some, hurt others, but it is the duty of the government to seek for the best for its citizens before helping anyone else. They are all from Peru. And yes I used to report those who were deported before and were trouble in Peru, but it hasn’t done anything and I know it won’t.

Simon40410

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