NEED ADVICE - Previous Homeowner

NEED ADVICE - Previous Homeowner

Scottsdale, AZ · Member since 2016 · 12 posts · 2 votes
Here's my dilemma: I purchased my house from a gentleman that built the current back deck of our house. This gentleman was the previous homeowner. Before purchasing the house, I found out that the city had failed the build and wasn't permitted. I proceeded with the purchase of the home (we didn't want this to be a hold up of the purchase - really liked the house), but had the previous homeowner sign a document stating he would re-file the permit and have the deck approved through the city (Scottsdale, Arizona). The gentleman contacted city and had them come out to look at the property to make sure it could pass inspection for permit. City stated the footings needed re-enforced with more concrete (granted, this deck is well built and very sturdy with no current issues, but I'm no inspector). We've lived since August 2016, and he's just now "getting around to it". The gentleman proceeds to tell me he will have someone come out and re-enforce the footings (per our agreement in writing -signed by both parties). I ask the gentleman if the person doing the work is a licensed contractor, in which his reply is "no". From everyone's experience, what are my options? Do I ask the gentleman to use a licensed contractor, or can I just go tell him to kick rocks (does my agreement hold any weight on his end)? In a perfect world, he agrees with licensed contractor and they fix it, end of story. But what if he tells me no? Can I tell him that I don't want it fixed now and that I will take care of it? Please keep in mind, I do not trust this individual at all (other events have happened that has me question his ethics) and do not want him on my property, but at the same time, I would like my deck approved and fixed. Please help... Matt
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  • Investor · Jenison, MI · Member since 2016 · 158 posts · 79 votes
    9y

    Hi Matt,

    Trust is HUGE. I would suggest getting a quote from a licensed contractor and see if the seller will pay to make sure it is done correctly, honestly this shouldn't cost more then a few hundred dollars and you could pay it and be done with everything!  

  • Investor · Lebanon, OH · Member since 2016 · 144 posts · 87 votes
    9y
    Matt Endicott What does your written agreement say? I assume it doesn't dictate how the work will be done just that it will be done by the previous seller? Is the only requirement that it passes inspection? If so, I think you are out of luck in terms of forcing it (at least now anyway - maybe ever). Your only hope is to ask and hope he wants to be done with it as much as you do. Good luck! Michelle
  • Investor · Zürich, Zürich · Member since 2016 · 292 posts · 115 votes
    9y

    Honestly, if all that is required is to put more concrete around the footing - geez, I can do that... Why such a big deal with respect to the person doing this being licensed? Are there any potential insurance issues that I'm not seeing? Because, heck, the whole damn thing was built by someone unlicensed. You are obviously not planning on tearing it down. So what's the big deal? Just make sure the work is done properly by someone who knows what they are doing. Yes, you can very much mess up concrete work, but it's not rocket science. Not for such a job - this is not the foundation of a skyscraper. ;-)

    Oh, and btw: lesson learned, I guess! Spell out everything in detail because, obviously, people try to fulfill their duties the easiest and cheapest way possible.

  • Real Estate Agent/Investor · Peoria, AZ · Member since 2016 · 2k+ posts · 2k+ votes
    9y

    @Matt Endicott

    If you didn't specify in writing that the person doing the work had to be licensed, you don't have much of an argument here. If all that was agreed upon was that the deck pass inspection, then that's all that matters to the seller.

  • Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    9y
    I would take a different tact. Ask the prior owner for the estimate from his 'guy' and a check for that amount. Agree that this will finalize everything between you and him and sign a letter stating that. You take the couple hundred $$ and find someone who you trust to do the work, whether it's the same guy or a licensed contractor. Then it's in your hands and you control it. I can easily see his guy coming over, half-fixing the problem, but then leaving tracks form his truck in your lawn, a pile of unused cement, etc. You don't need more of a headache. Just my $.02
  • Scottsdale, AZ · Member since 2016 · 12 posts · 2 votes
    9y
    Nick Watkins Thanks Nick! That's probably what I'm going to end up doing. I'd rather be safe than sorry.
  • Scottsdale, AZ · Member since 2016 · 12 posts · 2 votes
    9y
    Michelle Briotta Thanks Michelle! Agreement just says he will get the deck permitted and fixed according to city code.
  • Scottsdale, AZ · Member since 2016 · 12 posts · 2 votes
    9y
    Andy D. Thanks Andy! Yes, not that big of a deal, but I don't want to get sued over something so small. I know I shouldn't judge, but this gentleman strikes me as the type to do so just to earn a buck or two. My concern is having an unlicensed contractor on my property. What if he injuries himself? Am I responsible? And very true, this isn't a skyscraper, but it is my home. Indeed lesson learned. I'll be sure to know next time. Thanks for your input!
  • Johnson City, TN · Member since 2014 · 586 posts · 705 votes
    9y

    Is the city going to make you tear it down? How old is this deck?

  • Scottsdale, AZ · Member since 2016 · 12 posts · 2 votes
    9y
    Mike McCarthy Thanks Mike and appreciate the advice! That's my thought process is that he's going to give minimal effort in fixing the issue (again, should have stated in my agreement a licensed contractor).
  • Scottsdale, AZ · Member since 2016 · 12 posts · 2 votes
    9y
    Tim Chapman I'm not sure that they will or not. Now that they are aware of the issue, if nothing gets done and I tell him I will handle it from here, then they may. The deck is maybe 6 years old. If they tell me to tear down, then I will just handle it myself.
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