Building inspection

[GarageEnvy]

What was the contributory value of this garage and why should he be compensated by an amount greater than the lesser of that amount or the cost to cure or remove it?
You got me there!!

Just thought of something sort of funny..

After i received a copy of the appraisal I blew a gasket.. I paid 22700.00 for the garage. It appraised for 10200.00. Now they want 15000.00 to repair it.

A couple of things on this one that might clear up the WTF: 1) There is no relation between cost and value with the possible exception that buyer's tend to pay less than the cost of a new one or at least theoretically the depreciated value of the improvement under the principle of substitution. 2) $10,200 is a pretty specific figure. If you are looking at the Cost Approach section don't put much weight in that. Long story but a lot of appraisers back into that figure. If that amount was in the Sales Comparison approach it indicates your appraiser felt he could value the garage to the $100 accuracy level which is a suspect conclusion at best. Many of the garages on this site (mine included) would be a gross superadequacy for their markets. The market value would be far less than the cost. We tend to get a little carried away with our garages. Incidentally all appraisers carry e&O insurance with a minimum of $300,000 coverage.

 

[dcovey]

GarageEnvy,

I understand what you said.

I just remember how I felt when I received the appraisal. I had just finished painting inside the garage a month before selling the house.

It was never used for anything except parking the lawn mowe inside.

Then the real kick in the teeth came with the estimate to repair it from the buyer for 3/4 of what it originally cost to build.

I know I was expecting the place to appraise for less than I gave for it since I was selling at near bottom of the housing bust, but because we wanted to leave so bad we were willing to take the hit to get away from Kentucky and back to Texas.
I just wasn't expecting Kentucky to follow me here!

 

[Po'Boy]

I'm sorry to hear about this situation. I live about 5 miles from the Madison Co. line. Did you live in Richmond?

 

[dcovey]

I'm sorry to hear about this situation. I live about 5 miles from the Madison Co. line. Did you live in Richmond?

Thanks.

I lived outside Berea.

Dave

 

[Po'Boy]

Thanks.

I lived outside Berea.

Dave

Myself as well. I live just inside the Rockcastle Co. line off of US25. I'm curious as to who the builder was. I understand if you don't want to disclose that info, but if you indeed do, PM me and let me know, as I have plans to build a 30'x30' next year and the two builders I have in mind are local. Don't want to have a similar experience if it can be avoided. Thanks.

Matt.

 

[dcovey]

Myself as well. I live just inside the Rockcastle Co. line off of US25. I'm curious as to who the builder was. I understand if you don't want to disclose that info, but if you indeed do, PM me and let me know, as I have plans to build a 30'x30' next year and the two builders I have in mind are local. Don't want to have a similar experience if it can be avoided. Thanks.

Matt.

Po'Boy,

Check your PM.

I have no problem putting his name out there and I will after I talk to a lawyer in Kentucky and we get the ball rolling on this.

After talking to a lawyer at JAG yesterday it was suggested that I pay to fix the garage and then go after the builder. Unless I wanted to endup with the court costs and attorney fee's added to the cost to repair the building.

I did finally talk with the Madison County inspectors and we came up with an alternative to tearing the roof off down to the walls. Now if the buyer will accept the fix I will not have to basicly build him a new garage.

Dave

 

[red]

Did you talk to a Real Estate lawyer? All those clauses in your sales contract are there for a reason. Going after the builder after you pay is not going to be cheap (attorney fees and then the cost of collecting and then actually getting the money).

Get a real estate attorney and at least he can negotiate a settlement. Do not pay the full amount. My opinion is you owe nothing. The contractor is liable and the buyer's attorney knows that his client has a snowball's chance in hell of collecting from him.

Also check your past and current homeowners insurance (it might cover all this) I am not giving legal advice just my opinion.

 

[dcovey]

Did you talk to a Real Estate lawyer? All those clauses in your sales contract are there for a reason. Going after the builder after you pay is not going to be cheap (attorney fees and then the cost of collecting and then actually getting the money).

Get a real estate attorney and at least he can negotiate a settlement. Do not pay the full amount. My opinion is you owe nothing. The contractor is liable and the buyer's attorney knows that his client has a snowball's chance in hell of collecting from him.

Also check your past and current homeowners insurance (it might cover all this) I am not giving legal advice just my opinion.

I have emailed a real estate lawyer in Lexington.

You have many defenses to the $15,500 claim. You cannot disclose what you do not know. The closing agent for the dwelling should have obtained the CO for the garage before the closing. The list goes on and absolves you of liability.

My problem is, nothing in life is guaranteed, I can't afford to pay him his 3000.00 retainer and then lose, costing me another (up to) 15500.00.

I talked to the county inspector and we have worked out a repair that would include putting a beam down the center, and then bolting the wall to the concrete. The builder used concrete nails. That is all the inspector says it will take. So If I can get the buyer to agree I will pay for it just to be done.

The inspector did tell me that after checking the files an electrical inspection was performed, it just wasn't input into the computer.

I have also talked to an attorney that will take my case on contingency. I will still be out some of the money to pay the lawyer but it would be cheaper than losing the other way.


Am I stupid or what?

 

[Spareparts]

What you are guilty is of thinking that other people are as honest as you seem to be, good luck with this and thanks for your service to our country.

 

[dcovey]

Here's an update.

I spoke with several lawyers and one will not say anything without me retaining him. Another said I likely had a good case.

I decided to take another tact and talked to the new owner. What he didn't expect was me driving to Kentucky to talk to him. I prefer email since I don't hear to well, but I felt face to face in this case would ensure he knew I was serious. I read him the riot act (may not have been smart thing to do)and asked why he didn't contact me himself instead of going through a lawyer as I would have worked with him. Afterwards he told me he just wants it fixed and said he thought taking me to court was the only way it would happen. I let him know I was not going to roll over and give him 15000.00 and if that was what he expected he had just as well get a lawyer and we would go to court. I assured him I had spoke to a lawyer as well and he thought I had a good case and could win, or if not the only winners would be our lawyers.

I then told him that I had contacted the county planning administrator and that he recommended we put a laminate beam down the center to support the roof which would make it compliant to code. The new owner agreed to that fix as long as there was no support pole in the middle of the garage.

I figure this should not cost more than 3000.00, which I am willing to pay for. I will then go after the contractor and attempt to get reimbursed. If not I will at least make his life miserable for a while.

As I said I drove to Kentucky to get this figured out. On the way I called the new owner and asked him to contact the county planning administrator and get him to come out to the garage so he could tell us both exactly what it would take to get this done. I then followed up with a call to the county administrator myself as I have lost faith in anything happening. The administrator told me that he had been contacted and would be there at 4:30.

I was there waiting at 4:00 the owner was there by 4:15 and the administrator never showed..
I left the next morning to drive back to Texas without accomplishing my mission but at least the owner knows that if we can ever get the county off their **** I will make it right for him.

The owner made another appointment with the county for the next afternoon and he didn't show for that meeting either. He did however tell him that a 16inch beam would be what he wanted to see for a support.

I sent an email to him this morning to confirm and he recommended I go to lowes and have them figure the load at 20 lbs per foot over a 28 foot span. I asked him if I installed this if it would pass code and if he would issue a OC and he did not answer that part.

I think he (county administrator) is getting ready to play games again, as I may have hurt his feelings when I commented about my driving 1100 miles to meet with him and he didn't show..

Ah well, I guess I can always go to the county commissioners (sp) next..

 

[dcovey]

Just an update for anyone interested..

Finally got the bad taste that is Kentucky out of my mouth...
I did get a good contractor this time (Brad Hilton, Berea, KY.) to do a good job on time and for what he bid it for. It cost me $4200.00 and he ended up with a gluelam beam offset about 2 foot from center along side the garage door. He even had to cut the floor and add footing for the center post.

Any way the owner is happy and I am as well since it didn't cost me 15,000.00.

I did file a complaint with the county magistrate for the way the county planning office treated us, and I have been going online searching for the original contractors advertisements and posting about his work.

So for anyone in the South Central/East Kentucky be advised not to use Kip Lambdin/RJ's Construction for your work. In my searching I found another guy he hosed on some work. This guy has him in civil court as of now. Unfortunately he had already started so I cannot join with him.

Dave