This could get long- I have been looking for a house to buy for my kids who are going to college in the coal regions of pennsylvania. I lost one house because the realtor didn't tell me what I was supposed to be doing, and the mortgage broker she recommended never got me the pre-approval letter. So....my kids found another house, and we made an offer. It was a 2 apartment home- which my intent was to turn back into a single family home. One of the tenants had to be given notice because without that room, there wasn't enough room for my kids. So....I put $1000 down- sale contingent on home inspection, (I can back out based on home inspection). Then, seller insists I put $1000 down non refundable because he is asking tenant to leave. OK, so I agree to this thinking if I was a landlord, I wouldn't want to lose money. Along comes home inspection. It's me, the owner of the property, the inspector, my daughter, her baby and husband. No realtor is there. We are told it's because the owner has to get us into the apartments, because previously the key the realtor had to an apt didn't work. OK- so the owner has no clue what he's doing, and his key doesn't work either. He is upset his realtor isn't there, and he has to call the guy home to open his apt. We go into the one apt- this is the one that he had to give notice to. The place is a mess, a real disaster. She has already broken 1 window, and her son put 2 holes in the walls, straight through to the outside, then stuffed socks into them. OK- I can work with that. As we're going through the apt- there is a rabbit, dog poop everywhere, and the only person that was listed on the leases I was given was 1 name- not 3 other kids. My son is very allergic to rabbits, and the very small yard is filled with dog poop. the inspector tells me that before we got there, the tenant and her boyfriend were there, and were threatening and angry. He didn't think much of it. We go into the other apt., the tenant is there and is very nice. He tells us stories about the other tenant, how bad she has been, loud, disruptive, damaging things. He has told the owner many times to no avail. His apartment is in good shape- a few problems but nothing we can't fix. Only thing bothering me is there is no heat in bathrooms. Then into the basement. There is tons of asbestos covering pipes- and covering the asbestos is newspapers with strings tied on it. but pieces of asbestos are on the floor. The heat source for the 1 apt is there, pulling air from the basement, into the first floor. I am not happy. There is also a 55 gallon drum that smells like acetic acid. more unhappy. Now I guess I could mention that because we were going to purchase the house, my daughter gave the man $400 rent for the month until closing to move in early, so she could give notice at her other apt. The owner didn't want a lease or anything else, and she delivered the rent money to the realty office. Anyway- back to story- this is long! We are all on the main floor of the house discussing options, and outside I see the female tenant and her boyfriend out of the corner of my eye. He is screaming and waving his fists at us. then they drive off in a huff. I go home, and I look at my home inspection report- and initially make a huge list of things he will repair, mainly asbestos removal before closing. But the more I talk to my kids, the more they are freaked by tenant and boyfriend, and are scared to move in for fear of retaliation. (it is a weird little town). so I tell realtor deal is off, I want all my money back, not only due to being threatened, but for nondisclosure of about 5 different things that were obvious. very obvious. I am still fighting. I got my initial $1000 back, but still fighting for non-refundable $1000- (owner told my husband over the phone that he wanted tenant gone anyway, and she wasn't leaving- so what are his damages?)- and my daughter's $400 because she never moved in due to asbestos. The realtor is no help, and I blame the realtors for much of this- for not being there at the inspection to witness what we witnessed, for not advocating for me, for not giving proper advice. Tell me what you think- I really need to know which way to go. I won't purchase the house, and my plan is to go to a magistrate for my money back, plus the cost of the home inspection if this idiot makes me drive 2 hours away and take a day off work to do this. I'm just so frustrated by all of this, and the incompetant realtors in this area that I have told my kids to just stay put for now. I just can't do this again.
Posts: 950 | Location: pa | Registered: Sep 18, 2002
"ames," I feel your pain and am sorry that you find yourself in this situation. However, I'm afraid that you won't like my opinion so feel free to disregard it as it IS only my opinion.
BUT, I think you are going to have to chalk this one up to a lesson hard learned. Your second $1000. that was non-refundable? That is exactly what the term means NON-REFUNDABLE! So you don't get it back regardless of the reason.
As for your daughter's $400, well, it was very foolish to pay to the landlord on a house that you had not even had an inspection on, much less closed upon. I'm sure she meant well but that is why it's called learning a lesson.
Never give money for rent up-front before the house is under contract with all contingencies in written form and never give money which is clearly designated as non-refundable unless you are willing to say bye-bye to it in the event of a non-sale.
Bottom line, I don't think you can recover any of the $1400. and I don't think the presence or absence of realtors would have changed anything.
As for the costs of inspection, that, too, is your obligation and you can't recover them from the sellers just because you don't like what the inspection revealed. Consider it money well spent that saved you money in the future; that is why smart buyers get their own inspections!
The good news is that you are not obligated to buy this place which sounds like a disaster in the making anyway. And, now hopefully, you will find an even better home for your college age children and not make the same mistakes again.
GOOD LUCK - A BETTER PLACE IS WAITING FOR YOU!
This message has been edited. Last edited by: Idaho Resident,
Although 1,000 is alot of money to most of us here, it's better off without it. Can you just imagine what those tenants would have done to the apartment on their way out? Your daughter could have been out tens of thousands of dollars.
Your daughter already gave notice to her landlord. Yucky. See if she can ask for more time. Maybe, if she lives close to you, she can move in with you for a bit.
Contact your Realtor and tell her you feel you were not represented and she should have been at the inspection (you did have your own Realtor, didn't you?)
If you used the sellers realtor, call her and tell her she should have been at the inspection. This is lack of professional conduct.
The $1000 non-refundable was predicated on the fact that the seller would have to terminate the tenant.
Well, the bad inspection pre-empted that, so I feel you are entitled to receive the non-refundable deposit back.
Call each Realtor and tell them you will be contacting your states Department of Profession Regulation to file an escrow dispute. Escrow disputes in our state have to be filed within 30 days. Your local board (or Association of Realtors in your town) can give you contact info for your state department.
Just because the seller decided he wants the tenant out anyway - is a lame reason to try to keep your non-refundable portion of the deposit.
thank you real estate lady. I think you understand where I am coming from. I do struggle with all of it, and can't fault anybody else for not agreeing with me, however I never would have given a non refundable amt of money if the disclosure form was accurate, if I knew the one tenant was insane, and if I knew I was going to be threatened by somebody currently living there. I told both realtors that I don't care where my money comes from, but somebody owes me this money back. I have never dealt with such awful realtors, but they all seem like that in this area. I met another realtor at a house last week to check it out, and he was dressed in jeans with holes, an old t shirt and disagreed with absolutely everything I said. when we left, I looked at my daughter and said "what the heck was that?" It is bizarre, like a little subculture of freaks that don't feel they are responsible for anything. so now, instead of my kids being moved in and moving on, they are still stuck in their awful apartments and we are still waiting for our money back. I just can't deal with these incompetant realtors anymore. sheesh
Posts: 950 | Location: pa | Registered: Sep 18, 2002
