OP
Boostingaz
Well-known member
Making some smash burger for the family for dinner tonight since I'll be flying this evening.
Above 1200 Sq/FT BoostingAZ's Garage & Woodshop
- Thread starter Boostingaz
- Start date
Wokspaces above 1200 squarefeet.
Houdini5150
Well-known member
I have been away from here for a while. Been nice to go through the few pages I have missed.
OP
Boostingaz
Well-known member
Well......that was not a pleasant trip. Maybe I'll update on this situation later because I don't know where this is headed until we talk to an attorney later today 
jar944
Well-known member
BTDT.. with both parties having to be physically separated at closing.
Good luck
Good luck
OP
Boostingaz
Well-known member
I don't know how much I can say /not say but I will say I never heard a fat lady sing. So as they say, it's not over.
OP
Boostingaz
Well-known member
We are out of the contract but it took consulting with two attorneys and ultimately giving up my EM (6k). Among other issues, there was a bit of misrepresentation of the facts of the property. We placed an offer based on the MLS and it contained errors. There was also a material fact change, the house was damaged between our offer and flying there for the inspection. Was what happened right, hell no, even the attorney said what they were doing was completely unbelievable, but in my eyes this was faster and more efficient than an out of town court battle. I've got better things to do.......
Sorry to hear. That totally bites - especially the damage part. I assume the MLS has boilerplate disclaimers about not being responsible for errors & omissions but you'd think that physical damage to the property should be grounds for breaking the deal.
No contingency on passing a physical inspection?
No contingency on passing a physical inspection?
OP
Boostingaz
Well-known member
Realtor forgot/didn't add that or any contingent inspection based language into the contract. So we partially got shafted from our own side.
According to local law there you have to give the seller the opportunity to repair. They can deny or fail to satisfactorily make repairs and then you can back out, but you can't just back out without them having the chance to repair. We didn't want to take that gamble as there were lots of things that were unacceptable to us. I'd rather chalk it up to a hard lesson learned than get stuck buying a house we ultimately didn't want.
Real estate law is very different between states and I got caught with my pants down assuming we had all the same buyers rights as we are accustomed to here. It's hard trying to shop for and buy a house from 1,800 miles away.
Any offer we place from now on will have contingency language for both a visual inspection and a formal inspection giving us an out for if we just don't like the layout etc or if issues are located.
According to local law there you have to give the seller the opportunity to repair. They can deny or fail to satisfactorily make repairs and then you can back out, but you can't just back out without them having the chance to repair. We didn't want to take that gamble as there were lots of things that were unacceptable to us. I'd rather chalk it up to a hard lesson learned than get stuck buying a house we ultimately didn't want.
Real estate law is very different between states and I got caught with my pants down assuming we had all the same buyers rights as we are accustomed to here. It's hard trying to shop for and buy a house from 1,800 miles away.
Any offer we place from now on will have contingency language for both a visual inspection and a formal inspection giving us an out for if we just don't like the layout etc or if issues are located.
I had thought of, and can understand, them having the right to correct the situation without penalty.
Still a sucky situation.
Gallows humor follows.... $6k could have bought you a couple of new Snap-On screwdrivers.
Still a sucky situation.
Gallows humor follows.... $6k could have bought you a couple of new Snap-On screwdrivers.
SilverJimmy
Well-known member
I am so grateful to be an Arizona Native, really can’t imagine living anywhere else. Not saying elsewhere is bad, I just love the Grand Canyon State!
bugnut
ALLIANCE MEMBER
Sorry to learn of losing money, it always *****! I was taught, if you want to give yourself an out, add language that the transaction must be approved by your lawyer or accountant, this leaves the door a little further open. YMMV
OP
Boostingaz
Well-known member
I know.
We got the inspection results and I called and told my realtor based on the inspection results please reject the property, and he said you can't........ah wait what?! Yes I can, the BINSR allows for rejection and cancellation. What's a BINSR we don't have that here. Wait what?!
That was a big shocker.
OutlawDrifter
Well-known member
Some people's children! Difficult situation, bummer it turned out this way!
OP
Boostingaz
Well-known member
There was mold in the house, house tested positive for Radon and the well tested positive for Coliform. They still wouldn't just let us out. I've got 4 small children, I wasn't having any part of that.
That is wild, I've only been on the other side of that, in SC, where buyer can back out if they have any reason to, not repair/remediation....hate that for you, but like you said, better than being in a house you dont want
OP
Boostingaz
Well-known member
That's how it is here in AZ. The buyer can back out for pretty much any number of reasons.
jar944
Well-known member
Virginia is the same in that you can only back out if you had a contingency in place that was not met. Failing inspections alone does nothing.
OP
Boostingaz
Well-known member
It was definitely a live and learn situation. But I am immunocompromised so our health is more important than money.
harley jim
Well-known member
I hate that it happened, but I'm glad you were smart enough to bail out. There are people that would have made the deal so they wouldn't loose 6k, your money ahead in my eyes.
gsmith22
Well-known member
Not judging your decision, but I would just point out that radon is typically not a positive/negative thing but rather its everywhere and just depends on the level. Its pretty much in all homes with a basement in the northern and eastern US and easy to lower the level with sub-slab fan systems. obviously not free but tyically a few thousand dollars to remedy. Coliform in wells is also commonly misdiagnosed and very dependent on how a sample is taken. Shallow or deep well? shallow and coliform is possible and typically dealt with by chlorinating well water (still consider sampling method). Deep well and it almost ceritanly an error in sampling (although could indicate a well casing crack). Mold is certainly a problem to be dealt with and no indication of how bad. I guess all I am pointing out is all things are fixable just depends on what they would cost, how much you really love the property, and seller's willingness to disclose/compromise on price. Super frustrating to find this all out just prior to closing though with no recourse other than to back out. Sorry to hear about all this.
OP
Boostingaz
Well-known member
Correct. Radon testing comes back as a number. Anything above 4 is unsafe per the EPA and puts you at a higher risk for lung cancer. I'm already immunocompromised so I don't like the "chances" of higher risk. Shallow well, like we are talking real shallow. Property next door had horses and a close pond that the horses had access to, so I'm guessing part of the culprit was feces
or pond water. Idk I'm not a scientist.These were not the only reasons we bailed. Remember I've got 4 little kids. Lots of electrical issues. Double tapped breakers, undersized wires on larger breaker, open splices, abandoned hot wires not properly terminated, splices not in boxes, almost all the GFIs were not functional, the barn was using electrical cords with the heads cut off as part or the wiring (cheaper then Romex right!) The property would have needed 3 new panels along with all the other fixes. Floor joist had been improperly cut to run plumbing through the basement and keep it above beams. There were 10" floor joist that were completely notched from the top side and only had 2-1/2- 3" left under a 4" drain pipe. Evidence of seepage through the poured basement walls. Water stains over a foot high, so the basement was full full at one point. Likely sump pump failure.
I can't even type it all........
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gearhead1960
ALLIANCE MEMBER
Sad to hear of your difficulties purchasing a place. I hope your realtor was not a close friend or acquintance. The fact is, ignorance of the law is no excuse no matter where you are. While ultimately it is you who must understand the law where ever you choose to live, your realtor did you a disservice by not questioning you about your understanding of local practices and laws. IMO that is poor customer service and would be grounds for parting ways with the realtor.
OP
Boostingaz
Well-known member
Oh I agree. I take responsibility and am not saying I have absolutely no part in the negative outcome....however....if I was a realtor working with an out of state buyer I would have definitely laid down some ground rules etc. even just for my own CYA.
Realtor is a buddy that I graduated high school with so we have known each other a good while. I think that factored in a bit as well as it seemed a little im working with you not for you type of situation.
All in all mistakes were made by all parties. Fool me once shame in you......
After speaking with the attorneys I am definitely much more prepared for next time. Some times the best way we learn and grow are through our mistakes.
OP
Boostingaz
Well-known member
On a happier note. Today was my middle daughters 6 birthday. We always let them pick whatever they want for their party with their friends and this year, she wanted donuts.
OP
Boostingaz
Well-known member
Got a haul of lemons off the tree so making some lemonade concentrate to just add water to when/as needed.
OP
Boostingaz
Well-known member
One jug filled, a few to go. Then orange juice is up next.
Jayman17
Well-known member
I approve of your daughter's choice of B-day treat!On a happier note. Today was my middle daughters 6 birthday. We always let them pick whatever they want for their party with their friends and this year, she wanted donuts.
That is a lot of citrus!
OP
Boostingaz
Well-known member
I approve of your daughter's choice of B-day treat!
We ordered enough for the number of invites that went out as people aren't the best at RSVPs haha. Needless to say we had lots of extras. I was on sugar overload the next few days lol.
Holy cow I didn't know Covid hit the donut industry so hard
. $40 / dozen 
plain2car
Well-known member
boost, really sad about the house situation... it makes me just irrate 
that the end user... (us normal folks) have to pay for others "business transactions/decisions". I agree that what you did was for the best and easiest for your family. NOW!! as far as the donuts go!! I THINK that you could have maybe posted a quick note on here for us local guys and we could have helped out with donut deletion project!!
. hopefully not "too soon" but, ......... when life gives you lemons.. well then you make........ (I hope that isn't too soon!) I wish you better luck with the future house/property shopping.... thank you for the sharing. 
that the end user... (us normal folks) have to pay for others "business transactions/decisions". I agree that what you did was for the best and easiest for your family. NOW!! as far as the donuts go!! I THINK that you could have maybe posted a quick note on here for us local guys and we could have helped out with donut deletion project!!. hopefully not "too soon" but, ......... when life gives you lemons.. well then you make........ (I hope that isn't too soon!) I wish you better luck with the future house/property shopping.... thank you for the sharing.
OP
Boostingaz
Well-known member
boost, really sad about the house situation... it makes me just irrate
Thanks for following! I haven't had as many shop or property updates/projects lately as I usually enjoy but life kind of got in the way there
. Life gave me some lemons for sure but now I've got lemonade in the freezer! Maybe I need to turn some into limoncello for the extra news days!
Next time I have an over abundance of donuts.....shop party!
kj_mustang
Well-known member
Boost,
For your future house choices, when I was a RE broker for 10 years almost every home with a shallow dug surface well tested positive for coliform and a large percentage for E. Coli.
For your future house choices, when I was a RE broker for 10 years almost every home with a shallow dug surface well tested positive for coliform and a large percentage for E. Coli.
OP
Boostingaz
Well-known member
Howdy! Yeah I know we could "bomb" it, but it was just icing on a larger cake if you know what I mean haha.
We have had wells in AZ test positive for arsenic.
SilverJimmy
Well-known member
^^^^^^^^^^^^^^^^
Must be why we’re so tough! That and the “Dry Heat” definitely makes ya tougher!
Must be why we’re so tough! That and the “Dry Heat” definitely makes ya tougher!
OP
Boostingaz
Well-known member
I was talking to my uncle who's back in the Midwest. He sent me a screenshot of his weather app and it said -2 but feels like -24 with the wind-chill.
I told him don't worry it's a "dry cold" you'll be ok
OutlawDrifter
Well-known member
I was talking to my uncle who's back in the Midwest. He sent me a screenshot of his weather app and it said -2 but feels like -24 with the wind-chill.
I told him don't worry it's a "dry cold" you'll be ok
With the amount of snow we've had in the midwest...there is nothing dry about this cold!
harley jim
Well-known member
It's even snowed here and got cold, very unusual for this area. We got ½" of s... but the town of ten mile, about 30 miles north of us got 9". It's been in the teens until today.
OP
Boostingaz
Well-known member
Swanny1953
ALLIANCE MEMBER
Global warming, right!!! We had 3 days where it didn't get above freezing, much less above 25!! Pretty unusual for TX! Global warming, you say. . . . . . .