Seller signed agreement to fix a drain issue over a year ago

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Seller signed agreement to fix a drain issue over a year ago

Mike Fiorese
Investor · Fairfax, VA · Member since 2014 · 34 posts · 11 votes

I have a few questions regarding buyer/seller contracts at close. To give some background; I bought my rental property in Nov 2012 and on the day of closing did my final walk through of the house, while checking out the crawl space I noticed a small amount of water around a drain in the floor. I brought this up at closing and the seller signed a written agreement to fix the water issue.

In the past year and a half I have had over 10 contractors (delegated by the seller) take a look at the crawl space but have not heard anything after the first meeting and are unreachable when I follow up.

Has anyone had a similar issue?

How can I give the seller a nudge to complete the work?

Should I take her to small claims court? what are the typical fees? Do i need a lawyer?

This is my first post on BP, very excited to join this community!

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Brie SchmidtBusiness Member
Moderator
Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
12y

I would take her to court! We got to have a lawyer here in Virginia / DC who can advise

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  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    12y

    @Mike Fiorese I would contact your attorney.

    Is the seller not responding to you when you ask when the work will be complete?

    Podcast Guest on Show #132
    Second City Real Estate4.821 Reviews
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  • Mike Fiorese
    OP
    Investor · Fairfax, VA · Member since 2014 · 34 posts · 11 votes
    12y

    @Brie Schmidt She is impossible to reach by phone and rarely responds to emails. I have the signed document stating she would do the work so I hope that holds up in court.

    I'm not sure if I should take her to court first or do the repairs myself then take her to court for reimbursement.

    What a great first home buying experience!

    That's ok, I still want to buy more : )

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  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    12y

    I would take her to court! We got to have a lawyer here in Virginia / DC who can advise

    Podcast Guest on Show #132
    Second City Real Estate4.821 Reviews
    WebsiteView Page
    1Reply
  • Justin PiercePro Member
    Rental Property Investor · Woodbridge, VA · Member since 2008 · 543 posts · 121 votes
    12y

    I think the first step you need to take is to have a lawyer draft a letter. See if that gets the ball rolling.

    1Reply
  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    12y

    @Mike Fiorese we are in a somewhat similar situation with our contractor. Last year he did a gut rehab and was supposed to rewire the entire house. He charged us for it and we paid him for it and just found out he never hired the sub to do it. We had a draft letter written, it should be delivered today, and was told to give him a few days to respond. Then we were told if he doesn't to pay for the work and bring him to court. I am not a lawyer but you might want to contact one and see what they suggest.

    Podcast Guest on Show #132
    Second City Real Estate4.821 Reviews
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  • Mike Fiorese
    OP
    Investor · Fairfax, VA · Member since 2014 · 34 posts · 11 votes
    12y

    @Brie Schmidt The seller's ears must have been ringing, she emailed me yesterday and requested I contact a reliable contractor and give her an esitmate. I plan on setting up an appointment early next week to get this resolved ASAP. Hopefully this is the beginning of the end.

    @Justin Pierce A letter from a lawyer is a great idea, it still may come down to that.

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  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    12y

    @Mike Fiorese - That is great to hear! Hopefully she follows through without lawyers getting involved

    Podcast Guest on Show #132
    Second City Real Estate4.821 Reviews
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  • Jon Holdman
    Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    The lesson here is to never close with work remaining un-done by the seller. Instead, either get the work done before closing (possibly with the contractor to be paid at closing) or get a credit from the seller for the work. They they're out of the picture. As you've learned, they have zero incentive to do work after closing.

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