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Tax, SDIRAs & Cost Segregation

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Donna Pattani
  • Rental Property Investor
  • Austin, TX
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Seller repaired sewer line agent says I'm responsible for rubble

Donna Pattani
  • Rental Property Investor
  • Austin, TX
Posted Jul 23 2022, 09:48

I am 1 week out from closing.

Seller repaired a sewer line and now the yard is full of rocks and rubble.

My agent is now fighting with me that I'm responsible for getting rid of all the rocks and dirt.

She says it is "real property" now.

Any advice? 

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Wayne Brooks#1 Foreclosures Contributor
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Wayne Brooks#1 Foreclosures Contributor
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Replied Jul 23 2022, 10:07

@Donna Pattani Hell no…the clean up is part of the repair and the debris was not there when you signed the contract.

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Bill Brandt#3 1031 Exchanges Contributor
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Bill Brandt#3 1031 Exchanges Contributor
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Replied Jul 23 2022, 10:29

First your agent is saying this? Ignorant or oblivious? If it’s “real property”, then they’ve changed the deal. Not allowed. 

Second, get a quote, is this a $300 problem? The sewer repair was probably a bigger savings to you imagine it failed after your purchase.

Third, if you close on this deal it’s the last one with that realtor, if you don’t, your looking for a new realtor.   

Obviously the seller thinks you’re getting a steal and won’t walk away, or they want you to. If you walk away the seller has to start over and will obviously have to move the rubble pile before selling or lower the price. Unless they think/know they can get more than you offered. Or, Maybe the sewer line was why they were selling and now that it’s fixed they’re having second thoughts. 

Good Luck and let us know what happens. 

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Jim K.#3 Investor Mindset Contributor
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Jim K.#3 Investor Mindset Contributor
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Replied Jul 23 2022, 10:39

My thoughts are very much in line here with @Bill Brandt's.

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Chris Seveney
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Chris Seveney
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Replied Jul 23 2022, 10:45

@Donna Pattani

Wow. I agree with others. First this is not your problem - when a repair is made it needs to be placed back in a similar condition or give you a credit at closing. We had. A property where we had to replace a septic and it was close to winter so the area we knew grass would not grow so we gave buyer a credit at closing.

Either fix it or pay you to deal with it but if they pay you make sure it’s 2x what it’s worth

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Theresa Harris
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Theresa Harris
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Replied Jul 23 2022, 11:14

I agree with the others.  I'd let the seller's agent know that it needs to be removed or you get a credit for $X (and get a quote for how much it will cost to remove the rubble).  Do a walk through (or driveby) just before closing to make sure it is done.  Once the money is released, you have no recourse.

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Donna Pattani
  • Rental Property Investor
  • Austin, TX
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Donna Pattani
  • Rental Property Investor
  • Austin, TX
Replied Jul 23 2022, 12:28
Thank you everyone!
This is defiantly the last deal I'll do with this agent.
She went off the rails and started advocating for the seller.
Her broker is the listing agent, that probably explains things.

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Donna Pattani
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Donna Pattani
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  • Austin, TX
Replied Jul 23 2022, 12:29
She just texted me that as a gift to me, she's going to pay to have it removed LOL

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Bill Brandt#3 1031 Exchanges Contributor
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Bill Brandt#3 1031 Exchanges Contributor
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Replied Jul 23 2022, 14:00

:-O I bet you $300 it was a $300 problem. The realtors kick in $150 each or their boss/broker said WTF you’re going to lose a double commission over $300?

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Curtis Mears
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Curtis Mears
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Replied Jul 23 2022, 14:31

@Donna Pattani

No they paid to do the job, finish it.

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Scott Mac
  • Austin, TX
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Scott Mac
  • Austin, TX
Replied Jul 23 2022, 15:02

A new additional landscaping feature--sewer line rubble.

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Jonathan R McLaughlin
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Jonathan R McLaughlin
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Replied Jul 24 2022, 07:30

@Scott Mac I think you mean “landscape influenced sculpture garden”

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Chris Seveney
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Chris Seveney
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Replied Jul 24 2022, 12:37

@Donna Pattani

Wow such a wonderful gift.