I recently represented a couple of Buyers (husband and wife) in the purchase of a resale home. Their previous home, a rental, was in poor shape, as the landlord never repaired anything during their six-year stay in the property.
When they discovered mold, they knew it was time to get their family out - so look at houses to purchase, we did.
We found one home in the area that they wanted to live in that albeit small - was recently updated with some new fixtures, paint and carpet. The seller had owned the property for at least twenty years, and it just seemed like the place had been well-cared for.
But the seller was in no mood to negotiate
In the listing, it stated that the refrigerator, washer and dryer were all included with a good offer. (In this area, a good offer is considered the asking price, with the seller contributing towards the buyer’s closing costs) So we offered over asking price, but asking for a healthy contribution to closing and also for the lawnmower and television (she was asking $300 for the TV).
In the counter-offer, the seller had forgotten all about including the refrigerator, washer and dryer with a good offer. Now she wanted $1700 for the additional items…. and was only willing to pay a fraction of the buyer’s closing costs… and the $1700 had to be separate as she didn’t want to pay capital gains tax on those items.
It took us four days to negotiate through this mess… but we came to an agreement and closed in two weeks.
So now they own the home, and started moving in. Because money was tight (kid in college), the Buyers didn’t get a home inspection… after all, the home seemed so well-cared for. When the wife went to make dinner the first night for her family, the oven wouldn’t work. Neither would the refrigerator.
Hoping that the Seller had a heart, I spoke with the listing agent to see if the Seller would make good on the refrigerator and stove… and it’s not like a home inspector would inspect a refrigerator - you just expect it to be working. I even dropped the bomb on her when I informed her that the neighbors have told the Buyers that their new home was the subject of a methamphetamine bust.
The listing agent proceeds to tell me this story about how she was meeting the Seller the day of the "bust"… and that it wasn’t about meth - the police were looking for a runaway, and while at the home they saw something suspicious and called in a drug dog who found a small bag of marijuana owned by her adopted son who rented the house from her. No meth bust there, she assured me.
A week goes by with no reply. Meanwhile, the blower fan went out in the air conditioning… as well as the circuit board for the unit.
Then the listing agent calls me to see if her lockbox was still at the house. She fails to mention anything about the Seller’s position on the refrigerator or oven… so I ask - to which she tells me the Seller said she was able to clean the oven before closing with Easy-Off (which apparently damaged the heating element that ignites the gas) and that the refrigerator was working, too.
Obviously, the Seller (who had NO mortgage on this property) did not want to part with any of her money to make this situation right. Not even $200 to send a repairman over.
A little good will can go a long way
So the Buyer went to the Police Station to see what kind of a bust this really was, because a friend of hers actually saw the bust - and they said there were many police cars from different jurisdictions… a regular event that lasted for hours.
Apparently, the Seller’s son was doing more than just smoking a little weed. She doesn’t have the full story yet, but she knows that it was a meth lab bust, and that those toxic chemicals were not disclosed in the Seller’s Property Disclosure.
I advised her to get the rest of the information to an attorney for further consultation, as I am not a lawyer… but if I had to guess - I’d say that the Seller is in some big trouble… and her agent is right in there with her. If this is true - she could be found guilty of fraudulent representation… and her agent could be considered an accomplice.
If the Seller had been more flexible in this process… and more accommodating regarding the fiasco with the appliances… things might have turned out differently. But her behavior is one of a greedy person with no concern for others - and that may cost her dearly. At this point - why should the Buyer cut the Seller any slack?
This is why it is so important to disclose
You don’t get into trouble for what you disclose… you get into trouble for what you do NOT disclose.
Why the Seller and Agent thought that the Buyer would not find out about this is beyond me. In fact, I was certain that when the Listing Agent told me that she was there - there was no way it could have been a meth lab bust. No agent in their right mind would fail to disclose this!
This is not the end of this story, that’s a given. Stay tuned as I will report on the status of this adventure as circumstances warrant.