Offer accepted...then problem....

21 Replies

Hi everyone! 

We put an offer in for a house which was listed at $945,000... we were countered several times with the lowest the "seller"  was willing to go at $915,000.  Let me also state that we are using the same agent as the seller (not my choice, my husband picked him... ugh), and this guy also LIVES in the house next door, his house is basically the same house as the one we are looking at. 

We had the home inspection last week, and a pretty bad mouse infestation was found in the house.  We did our due diligence and had 3 contractors look at the part of the house that needs to be gutted etc, getting quotes from all three.  The average of the three quotes for the work that needs to be done is $88K.  We gave this information to our realtor, who then presented it to the seller so we could negotiate the price.  The seller just said no, they are not willing to negotiate the price down or remedy the situation...

The mouse situation was not disclosed to us when looking at the house, they actually advertised the house as being "move in ready" and "pristine"... 

The whole situation is just eating away at me, I think the realtor/neighbor is a scumbag,(sorry, its just my personal opinion, and I'm usually spot on when reading people) and he is counseling the sellers to not want the house to sell for cheaper because it will make the value of other houses in the neighborhood, (its a real snooty neighborhood) which includes HIS HOUSE, go down.  He's also the only realtor selling any property for sale in this neighborhood.. 

Aren't the seller's suppose to remedy any situation like this if it wasn't disclosed?  They are just flat out saying "no" to negotiating credit or fixing it themselves and I really don't think the realtor is being fair to us! 

I'm not set on this house, I don't love it and I could care less if we get it... but my husband loves it...so this is the situation we are in.  Are the sellers the ones who are responsible for the remedy of the situation if the problem was never disclosed?

You can not force someone to sell a property to you.  Also  calling the Realtor a scumbag makes me think the problem with the whole situation is on your end and not their end.

Also not in a million years can I imagine a mouse problem causing $88k in damage.  If I were the listing agent on the property I would also advise my client to cease negotiations with you after being presented with that.

In short no, the seller or anyone doesn't HAVE to do anything....that's why it's called negotiating. As far as disclosure goes there's really just about nothing to that, you haven't been damaged by the problem yet because you didn't buy. Now if you had closed and could PROVE (that's the hard part) that the seller knew and should have disclosed you could try to sue. But since you found it during DD there's no damage to pursue.

Assuming you have an "as is" type contract which is the norm, No a seller is not required to fix anything.  "The part of the house that needs to be gutted" I assume has nothing to do with the mice problem, and I assume is something you knew ahead of time, not that it matters.  It's your choice, accept it like it is, or if you can't agree on a reduction, walk.

Originally posted by @Russell Brazil :

You can not force someone to sell a property to you.  Also  calling the Realtor a scumbag makes me think the problem with the whole situation is on your end and not their end.

Also not in a million years can I imagine a mouse problem causing $88k in damage.  If I were the listing agent on the property I would also advise my client to cease negotiations with you after being presented with that.

Thank you for replying @Russell Brazil. The mice have infested themselves into the insulation and the drywall throughout the ENTIRE first floor of a 4200 square foot house... and the entire first floor also have a TON of craftsman style details that would have to be taken down and remade.

And the reason I think he's a scumbag is that he sent me an inappropriate text in the middle of the night... but that just must be me causing the problem, right?

Originally posted by @Wayne Brooks :

Mice don't usually eat wood and dry wall.  You get rid of the mice, and the damage left behind is......?

 Part of the first floor was also built onto a concrete slab, and the mice and made their way UNDER that.

Originally posted by @Charlie Fitzgerald :

I would withdraw the offer and walk.  That's just me.  What can you buy in this area for 1,000,000?  That is what you are going to spend for the mouse house.

 Well its on Cape Cod, so the real estate market is priced kind of high. Anything water front or near the water bounces way up to $3-7 million depending on the view. 

Life is too short to buy a house next door to someone you say is a scumbag.  Who needs enemies when you have a scumbag (agent) next door.  Do something productive this weekend.  Find a house that isn't next door to this guy.

@Kaylee Shrammy   does not look like the seller is going to give in.. but if they did they could simply put a 88k check in an envelope for you and the Escrow officer could hand it to you ... and it could be done out side of escrow.. thereby keeping the comps up ...

How big are these mice?  Maybe they're like 6 footers or something.  Or maybe there are a few thousand of them.  Just trying to figure out how mice do 88k in damage.

@Dana Whicker I don't think it's the mice doing that much in damage but the fact that the home might have a lot of custom work that needs to be demoed and re-done, just an assumption. But if there are 6 footers in there, better put it on fire and run :) 

i , too, always have a problem with an agent that is representing both sides.....why? the same reason the prosecutor isn't also the defense attorney in the same case. conflict of interests. 

as far as the house , offer what you feel it is worth (despite your Realtor) and move on otherwise....nobody including your Realtor makes you do anything.

Originally posted by @Dana Whicker :

How big are these mice?  Maybe they're like 6 footers or something.  Or maybe there are a few thousand of them.  Just trying to figure out how mice do 88k in damage.

 Rodents of Unusual Size? Burn em with fire.

When my gut says something is wrong I walk. There are something like 150 million houses in the US, and who knows how many multi family places. I would find something else. If you get married to a property, you have to pay for it. If the property is in a high desire area, maybe the seller can sell the mouse house.