Under Contract - Basement Flooded: Now what???

Under Contract - Basement Flooded: Now what???

Investor · Atlanta, GA · Member since 2015 · 366 posts · 283 votes
Hi all, Went under contract on a house last month but haven't closed yet as the seller was having some title issues. Went by with my realtor yesterday to review what work I'd need to do and we find the basement with about an inch of water in various places :( House is still technically under owner's control so my realtor said they would be responsible for getting the water out and cleaning up the basement. The other option would be to back out of the deal at the final walk through (since condition of the house has changed since our agreement) or ask for more money off so I can handle the clean up myself. I've never had this happen before so I'm stumped on how to proceed. The house is next door to another one that we own which is what made it appealing, but I'm starting to think it is more trouble than it's worth. It's an ok deal but not so great once I have to add in water extraction, repairs, and potential mold remediation. Has anyone ever backed out of a deal while under contract due to a sudden event like a basement flood? Thanks for any input...
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Joel OwensBusiness Member
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Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
9y

A purchase and sale contract usually mentions and act of god paragraph and if something has  (materially changed) with the property the buyer can cancel. There is also mention most of the time about insurance claims and capped values for seller credit and repair.

I would worry about a seller repairing the property. When selling they tend to do the cheapest thing possible. The real issue here is WHY the water ended up in the basement and the main cause. You can clean it up but if it happens again nothing was fixed to prevent again.

You need to find out how much to fix the problem so it does not happen again and not just the cleanup.

No legal advice given.   

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  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    9y

    A purchase and sale contract usually mentions and act of god paragraph and if something has  (materially changed) with the property the buyer can cancel. There is also mention most of the time about insurance claims and capped values for seller credit and repair.

    I would worry about a seller repairing the property. When selling they tend to do the cheapest thing possible. The real issue here is WHY the water ended up in the basement and the main cause. You can clean it up but if it happens again nothing was fixed to prevent again.

    You need to find out how much to fix the problem so it does not happen again and not just the cleanup.

    No legal advice given.   

  • Investor · Atlanta, GA · Member since 2015 · 366 posts · 283 votes
    9y
    John Anderson yes I had my usual inspector, who is fantastic, do a full inspection. The water wasn't turned on however, so it's possible we missed something with the plumbing. In future I will call to get a short term water turn on before inspections, if that is possible...learning lessons as I go. I was a bit lax on this one as we own 2 other houses in a a 3 block radius of this one, including the one next door and had no problems with the others - folks in that area tend to take good care of their homes. Lots of little red flags on this property though - they were stealing electricity using jumper cables (who does that?) and now I'm wondering if they were somehow stealing water too - hence the flood. There was no smell of sewage and water was clear, and but my realtor suspected some sort of backup rather than a burst pipe bc we didn't see a burst pipe anywhere.
  • Investor · Atlanta, GA · Member since 2015 · 366 posts · 283 votes
    9y
    @ Joel Owens - good points, I am beginning to feel this was an "act of God" in more ways than one as I was pushing to close by end of Jan but the title issues slowed us down. Otherwise this would be 100% my headache. I'm also concerned about what caused this flood (per your point) Basement smelled damp before this but there was no visible evidence of previous water issues. It's possible that the seller knew of the water issues but didn't disclose. I'm thinking it may be time to walk away from this one. I don't trust the seller to do the repairs properly and don't really want to take this on myself long distance either.
  • Investor · Takoma Park, MD · Member since 2016 · 166 posts · 147 votes
    9y

    Sounds to me like you have some serious leverage to renegotiate IF you want to. It is important to distinguish between a sketchy seller (for example, someone who uses jumper cables to steal electricity) and a sketchy house. If it were me, I would seriously consider backing out of the deal. But before I did so, I would look at whether this situation can work to your advantage. You do need the plumbing tested, and obviously you need to know where the water is coming from. Consider renegotiating your offer based on material changes to the property. Figure out what it would cost to do full remediation of mold and water issues including testing plumbing, repairing any issues with plumbing, ripping out drywall and flooring and replacing as necessary, etc. Add in the cost of installing a sump pump. Then add 30% to your cost estimate, which is a standard uncertainty factor in the construction industry. Factor in a period of vacancy while this work is being done. Figure out what all of that would cost, and ask the seller to reduce the sale price by that much. But if all of this sounds like more trouble than it is worth, I think you are well within your rights to back out of the deal and get your EMD back.

  • Investor · Atlanta, GA · Member since 2015 · 366 posts · 283 votes
    9y
    Daniel Odess good points, if they knock the price down enough, it could still be worth my time...the location is perfect. This seller has been very stubborn on price in the past though. Their realtor said that they would take care of the issue, but I need the price to move too as I don't trust this seller to do repairs properly based on what I've seen so far. I'll update on how things end up, there is another house a few blocks away that also looks solid so I may just cut my losses and move on if they won't move on price
  • Investor · Takoma Park, MD · Member since 2016 · 166 posts · 147 votes
    9y

    Do not let the seller do the repairs. Let me say that again. Do not let the seller do the repairs. Anyone who uses jumper cables to steal electricity should not be allowed anywhere near power tools or even a hammer and nails. Seriously. Would you trust what was behind the wall after the drywall was replaced?  Stipulate that ALL work needs to be done by a licensed contractor and that you need to see the receipts.  Better still, you handle the project so you have control. The seller's only incentive is to do it cheap. 

    The seller may be anchored on price, but the value of the property just took a big hit. Lucky for you, it happened before you closed.  You might also mention to the agent there are other properties in the area without all these hassles....  Good Luck!

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