There is no joy in ANCIANT land; our home purchase has
fallen through. Yesterday was a
dark, hard day. It was 110
outside, for one thing, and even though we had the AC on inside it was still sweltering. Plus I hadn't slept well the night
before, and all day I felt kind of dizzy and tired. And then, the house....
As you know if you've bought a house, throughout the process
of escrow buyers have several opportunities to exit the deal. Contingencies, they're called. For us the only relevant contingency was
Inspections. Inspectors come out to
look at the property. They make
sure it's structurally sound and they identify any hidden problems. If there are problems you ask the
seller to fix them (or, more often, you ask for money to be taken off the price
off the house, which you then use to make the necessary repairs).
Last week, our realtor had a number of inspectors come out,
and we hadn't turned up anything major (there were some termites, and there
were mild drainage issues).
But he
wanted also to get something called a HydroStatic test.
This is a test in which they pressurize
your outgoing water pipes and see if there are any leaks.
It's not a test everyone effects; most realtors will get a
basic inspection report and maybe on top of it, a structural report. But our guy (who's fantastic, btw--if
anyone needs a realtor in (CITY) let me know)--gets as many inspections as
possible. In part, he wants to do
his due diligence, but he also wants to increase his own bargaining position
going into the inspection negotiations (the more things you can find wrong, the
more you can ask for).
So, he wanted the HydroStatic test. And the sellers, at first,
refused. They had to sign some kind
of waiver to allow the Testing Agent to go in and pressurize their pipes, and
somehow last Friday they "couldn't be found" in time to sign said
waiver. But our realtor pursued
them, and he got it set up so that the test would be done
yesterday--Monday. Which was the
last day we had to negotiate our inspection contingency.
The HydroStatic report showed that the pipes on the left
side of the house (site of the Master Bedroom) were leaking fluid into the area
underneath the home's foundation slab. This was very bad--and something that has to be fixed. (If not, you risk softening and
ultimately destroying the foundation).
The cost to do so was twenty thousand dollars. And this, at least from our point of view, was not a
negotiable repair--you can't move into a house where water is pooling under the
foundation.
Well, you can, but it seems stupid.
Keep in mind that we had to have all this negotation
finalized, and a final number agreed upon, by 6 pm on Monday night (8 PM
central time). We've just gotten
the HydroStatic report at 5 PM (our time). We have an hour.
So this is a very hectic and tense time (in our sweltering, sweltering
house). Remeber, we not only
asking for the pipes to be fixed, we're also asking for a lot of other smaller
repairs (drains, termites, etc).
And we're trying to decide, as we wait to hear from our Realtor, the
minimum amount we would accept in repair allowances. They've already promised to give us money for the termites (that's
about 4k). We're assuming they're
going to give us the money to fix the pipes. But will they give us any more? They should but how much more? That's what we're wondering.
The answer is: zero much more. Not only will they not give us any additional money, they're refusing to give us enough to cover the
plumbing fix. Their total number
turns out to be 8k. That's for
everything. The termites, the
pipes, the drains--all of it. So
that's very bad.
And that's not all.
Our HydroStatic guy has had, for some reason, to have a phone
conversation with the Seller. What
he reports back to our realtor is that the he believes that Seller KNEW THE
PIPES WERE LEAKING FROM THE START.
HydroStatic can't prove this conclusively, of course; the Seller hasn't
come out and directly stated that he knew--to do so would be admitting to an illegal
fraud. But based on the Seller's
deep familiarity with HydroStatic testing, and judging by some very pointed 'in
the know' questions Seller has asked, HydroStatic guy is confident the Seller knew
the whole time. He's been trying
to con us, in other words.
Later, the Seller's Realtor ("Sara") concludes essentially the
same thing. This is after the deal
has collapsed; she has called our Realtor to apologize for how it all went
down. She was acting on behalf of
friend, and she had no idea that they were up to something. But now, in the light of what's been
discovered, she's gone back over their interactions and put together other fragments
of their conversation, and she thinks it smells bad.
(The Seller, I should note, just to finish up on the
scintiallating 'pipes discussion'--has had their house partially--but not
entirely--repiped three years ago.
So they're likely to be very cognizant of the pipage situation in their
home).
Anyway, it's all very sad on many levels. I feel great anger and rage against the
sellers, who have revealed themselves as liars and frauds. I'm sad we didn't get the house. I'm sad and weary that we have to go
through this whole process again.
And I'm glad we have a good realtor, who was able to ferret out this
deception before we got took.
From the start of our interaction with these sellers, my
wife has been calling them 'squirrley.'
And I have been saying she was wrong. But I was wrong.
She was right. I guess she
sensed from the outset, that they were no good. And, credit where it's due: she was right. I think it just never occurs to me, in
these situations, that people will deceive you. I think I assume that everybody in the world is like my
parents, and they all act with integrity, and that their word is their
bond. [That to me, is what it is
to be an adult. It's certainly
what it means to be a man.
Integrity. Your word is
your bond. All that good stuff.] So I'm kind of just...at a loss when I
learn people are otherwise. Which,
I suppose, shows how naive I am.
A final note--now that Sara knows about the plumbing leak in
seller's house she is obliged, legally, to disclose said leak to any new
potential buyers. If she fails to
do so, she could lose her license (and Sara, we're confident, is an honest
person; she's on the hook for any of this). What that means is that the Sellers are going to face the
same negotation about fixing the plumbing with whoever they find to buy the house. Now, possibly a new buyer might accept the leak--they might not
insist on the repairs being made. But that seems unlikely (would you buy a house knowing that
water was leaking under the foundation?)
The Sellers could get around this problem by firing Sara and
bringing in a new agent. Doing so
would make it possible for them to continue to hide the information about the
leaking pipes to new buyers (the new agent would presuambly not have been told
about the plumbing problem).
However, our agent has already indicated that, should the Sellers puruse
that parth--should they fire Lisa and hire a new Agent--he will make sure and be
in touch with anyone who enters into escrow to buy the house, to make sure they
know about the leak.
Also, we're going to where they live, these sellers, in
Wyoming, and burning down their house.
At least that's my thought.
And the land will be sere and dark wherever they may dwell, and their
children shall eat the crusts of broken bread, and locusts and plague shall be
their comforters, in their dark streets of Babylon.