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All Forum Posts by: Erica Post

Erica Post has started 2 posts and replied 4 times.

Post: Seller breach of contract - legal needed

Erica PostPosted
  • Bothell, WA
  • Posts 4
  • Votes 2

I'm seeking a real estate lawyer (legal advice) who is able to write a letter (at minimum) on my behalf to a seller who is currently out of contract on a SFH in the Tukwila area (purchased off MLS through a licensed Realtor). Per the Purchase and Sale agreement, the home is contracted to close "on or before 3/24/17"; up until this evening we were on schedule to close in two days, on Tuesday, 3/14/17 at the seller's request for an early closing (e.g. all my pieces of the agreement are complete).

Two major issues:

1. 

Following inspection, we (buyer) filed a Form 34 detailing specific repairs to be completed by the seller, to which the seller agreed (seller was insistent upon contracting work and not providing credits). Fast forward to a hastily completed job that did not fully meet the requirements and caused additional problems/work for the buyer (me) to remediate, and a seller unable/unwilling to complete the agreed-upon work within the confines of the Purchase and Sale Agreement terms, or provide appropriate credits for outstanding work.

2.

The offer on this home was based on four major items being completed (we have in writing from listing broker): new roof, crawlspace insulation, attic insulation, french drain/sump pump. Seller then backed out of agreement for crawlspace insulation (which we elected at the time not to push), however the additional work of the french drain/sump pump does not meet Form 34 agreement.

At this point, the seller is offering a minimal credit (not enough to cover the outstanding work from the Form 34) and not addressing the issue of the crawlspace insulation originally agreed to in writing prior to the submission of the offer. The seller is instead threatening to "not close" unless I sign a statement saying that the "work was completed to my satisfaction", which it has not been, so I am not willing to waive that right, as I estimate the outstanding loss to me to be ~$4,000. My understanding is that the seller is requesting this statement as she is afraid of being sued following the completion of the transaction.

The listing agent has engaged in character defamation (in regards to me) when speaking to the contractors engaged to do the work as well as the seller, and has also flip-flopped on agreements for work to be completed, and also verbally said the seller would provide a $6,000 credit (which never materialized). Her ethics are questionable, and we have caught her lying on more than one occasion. The seller is out of state (FL), so all contractors and work have been hired and supervised by the listing agent. The listing agent has admitted on more than one occasion to having been responsible for a contractor miscommunication (which caused part of the fallout over the Form 34), and also admitted that an appliance (microwave) listed as included in the Purchase and Sale agreement was moved out with the tenants and is now missing.

If you are able to assist, please contact me as soon as possible. I will update this post once I have received what I need. Thank you.

@Ryland Taniguchi - That's incredibly helpful. Thank you. I am in agreement that I'd rather do it "right" than "cheap"- it seems that in just about any circumstance, cutting corners only hurts you in the end when you find that you've stepped over dollars to pick up dimes.

Thanks Alex Chin ! Yes, I'm already reading J Scott's book. I'll look into Homewyse as well.
Does anyone have any tips for working to quickly estimate advanced repair costs in a competitive market? - How to work/partner with contractors to do a walk-through estimate prior to getting a house under contract (and how do you structure this deal/partnership) - Estimates/templates for residential property rehab/flip/update costs based on decade of construction and maybe based on duration of vacancy or deferred maintenance if known (I've found some general guides online of things to look for but nothing that gives an estimate by square foot that could be used for a quick estimate) - Others? I'm currently looking to purchase my first deal, which I plan to do as a live-in flip. While I have a good amount of comfort estimating "basic" repair/rehab costs at first glance (as comfortable as someone new to RE can ever be) - such as redo kitchen, bathroom, floors, paint, roof, etc. - there are a couple homes (found via the MLS) that I have passed on that were likely good deals but required repairs that I wasn't comfortable estimating in the short time I had to decide, or was uncertain enough that I didn't want to take the chance. As this would be my first deal, I want to be very careful to not bite off more than I can chew. Examples of issues include visible mold, exterior structural issues (crack in exterior brick that made it look like the house may have been settling unevenly), crack in foundation, etc. I am hoping that the BP community has some recommendations that would help me make an educated decision without having to bring in a specialist to evaluate each potential major issue prior to getting a house under contract. I'm currently reading J Scott's book on estimating rehab costs, and would love any other reading recommendations as well. I'm targeting the greater Seattle area, and specifically South King County (White Center, Burien, Tukwila, SeaTac, Rainier Beach, Renton) Also, if you're currently evaluating a deal in the greater Seattle area (King, Snohomish, or Pierce Co.) and are willing to allow me to shadow, please contact me. Thanks!