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Jessica M mogardo
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Negotiated repairs not adequate

Jessica M mogardo
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Posted Dec 3 2022, 12:50

Hello! I am under contract for a SFH in WNY and had a chimney repair (loose bricks at the top) contingency in the contract after the house inspection. The repair was completed, and I received a photo and invoice for the work that was done. In my mind, it is not adequate and has not fixed the issue, as it seems very sloppy. Has anyone had to deal with repairs pre-closing that they felt were not done correctly? What did you do? Any thoughts as to what I should come back to the seller with? FWIW, the repair cost $120 to fix, and I got estimates for $1500.

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Bruce Woodruff
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Bruce Woodruff
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Replied Dec 3 2022, 14:05

Did the seller choose the cheaper repair? (I'm guessing?) IF so, just forward them the photos and request the Home Inspector who originally called out the damage to come back and say in writing that it's satisfactory. Or get a chimney contractor to look at it and sign it off....

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Jessica M mogardo
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Jessica M mogardo
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Replied Dec 3 2022, 15:02

ok great ideas, thank you for the advice!

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Theresa Harris
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Theresa Harris
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Replied Dec 3 2022, 15:21

Get someone to inspect it and go from there. If it is not to your liking, then ask for $x cash back at closing based on what the inspector says.

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Russell Brazil
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Russell Brazil
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ModeratorReplied Dec 3 2022, 15:33

This is why it is always preferential to get a credit instead of repairs. A credit is black and white. Repairs are always going to be a matter of subjectivity as to whether they were done correctly or not. 

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Jessica M mogardo
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Jessica M mogardo
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Replied Dec 3 2022, 15:39

That is what I wanted to do, and my agent advised me to do it where the seller has to make the repair. 

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Jessica M mogardo
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Jessica M mogardo
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Replied Dec 3 2022, 15:40
Quote from @Theresa Harris:

Get someone to inspect it and go from there. If it is not to your liking, then ask for $x cash back at closing based on what the inspector says.


 Sounds good, I think this is probably my best course of action at this point. 

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Replied Dec 3 2022, 15:46
Quote from @Jessica M mogardo:

That is what I wanted to do, and my agent advised me to do it where the seller has to make the repair. 


 Well now you know, next time don't listen to your agent....

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Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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Replied Dec 3 2022, 19:39

It should have been clear how the repair was going to be made and by who. You asked for a repair and the sellers made it, not much you can do here. 

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Mason Hickman
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Mason Hickman
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Replied Dec 3 2022, 19:50

Credits are always easier and are preferred. The only time I think it makes sense to have the seller make repairs is when the lack of repairs could cause more problems with the home by the time you close on the property (such as leaking roof, heat before winter time). 

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Replied Dec 4 2022, 04:47

@Jessica M mogardo

Go ahead and look for a new realtor after this one.

Rule #1 when it comes to repairs is you don't let the seller to make the repair, but you get a quote from a 3rd party company/individual and then ask the seller to credit you that money. 

They have no incentive to do a good repair. They will higher someone to do very surface level of work so they can pay the least amount of money.

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Nathan Gesner
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Nathan Gesner
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ModeratorReplied Dec 4 2022, 04:53

Your agent should have advised you to get a credit or to have a very specific repair request. Talk to your agent. You should probably tell the Seller it's not satisfactory and you want it repaired correctly. You have to decide if this is worth walking away from the deal or not.

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Nate Monson
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Nate Monson
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Replied Dec 5 2022, 05:46

@Jessica M mogardo similar to what others have said here. If you're going to have the seller do the work you want to make sure that you both have an understanding of the scope of work. A credit is a good way to put the ball in your court to oversee how the job gets done.

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Jerry V.
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Jerry V.
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Replied Dec 5 2022, 06:41

Most others have already addressed the issue of what to do regarding the shoddy work and all, but ... the LEAK itself "may" not be in the brick/mortar or the chimney cap.  I/we commonly see where "inspectors" call out or notice things, that aren't a problem at all! (they know a little about a lot of things, not specifics on much at all though (Good at many things, master of none)).

MOST, not all, leaks around chimneys (and skylights) are from the flashing around the base of it.  That doesn't mean that you have to tear it up to redo the flashing and roof around it though.  DOES mean that you have to get a knowledgeable and fair Roofer out there to see whats going on.  Again, IF the upper bricks/cap is not the causing the leak.

Sorry I/we are not closer to do this! :P  Good luck with the purchase!

Jerry w/ J's Roofing   Richardson, TX