I already LOATHE the process of purchasin our home. Long but need help.

SO- after a loooong time looking, DH and I finally found a house we wanted. Awesome location, move-in ready.

Asking price: 385

Offer: 350

Counter offer: 355 because they had to connect to sewers.

We accept.

Then we get a phone call that there was another offer of 355 WITHOUT them having to connect to the sewers. We match it.

DH goes to do the inspection with a highly experienced contractor friend, who really knows his stuff. 2 problems- The roof needs to be replaced and flashing needs to be added to front porch because a little bit of water is getting in.

At the inspection, the seller's realor was there and was on the phone with the buyer. She then tells DH that they are moving onto a boat in FL, so we can have whatever furniture we want, same price, just not the tools. That made the deal *that* much sweeter. Since we won't have the money to purchase enough furniture to fill the house right away, it pretty much sealed the deal for us.

Today we go to meet with our attorney and sign contracts. We tell him our issues about the roof and flashing. Flashing is really not a big one because it's a super easy/cheap fix. Attorney calls our realtor to tell him to settle it and he says we will lose the house because there are 2 other offers. They go back and forth and then we discuss with attorney. We decide since we are getting the furniture, we'll replace the roof ourselves. He calls realtor again to tell him and that we want to go to the house and make an itemized list to add to contract.

Then- the seller's agent calls. She tells us that the homeowners have a friend looking for a 2nd home and that friend will have first dibs, we can have what's left. We also find out that the hot tub on the property won't be represented. It is in working order right now, but for some reason the homeowners need to show they're abandoning it so they have to turn it on its' side. they will be giving it to us "as is" because more than likely it will end up breaking and they don't want to be responisble for it. I don't know if they don't want to deal with getting the C/O or what, but if it ends up broken we will have a big empty slab of concrete in the backyard and the tub was also a nice selling point for us. Their attorney is refusing to represent it in the contract.

So- no we gave in on the sewers and most likely the roof. We feel the hot tub should be given as it is NOW- in working order. AND we want first dibs on the furniture. The sellers agent tells us on speaker phone at the attorneys office today that it was a joke. How the eff could she "joke" like that? She's supposed to be a professional! I feel like we need to stand our ground with these things but i'm afraid we'll lose the house. Unfortunately we're not in contract yet so nothing is set in stone.

Any advice from BTDT?? We're meeting with our REA tomorrow morning to discuss and then back to the attorney.

I don't know what to do.

I feel like WE need to feel satisfied with the deal, too, and we just keep having to give in because of the threat of other offers.

I should also mention we will be putting 25% down and have perfect credit and financial backing.

Re: I already LOATHE the process of purchasin our home. Long but need help.

what is your attorney advising with all of this BS?

Re: I already LOATHE the process of purchasin our home. Long but need help.

He is the one who kind of swayed us to forget the roof because we're getting the furniture. He pushed for the hot tub already and says they refused. He also advised us not to sign anything with him until we got it settled with the REAs. That's why we haven't signed contracts yet. He is calling BS and kind of let us argue with the other REA.

Re: I already LOATHE the process of purchasin our home. Long but need help.

hmmm...I dont know. For me the only thing that would concern me is the home and it's condition. None of that other stuff. I know it may save you some money but the reality is most homes for sale do not give personal possessions as well.

And as for the roof, what is wrong with it? Is it leaking? If it is not leaking (proof of it during inspection) then a seller is not obligated to provide a credit for that.

Re: I already LOATHE the process of purchasin our home. Long but need help.

The hot tub has the potential to be a big issue because without a proper CO a bank may not allow you to close. You have to decide how important the hot tub is - if you really want it the sellers are probably going to have to get the CO, which they might not be willing to do if they have other offers.

Personally, I would walk away because if you feel like you are giving in too much now it's only going to get worse.

Re: I already LOATHE the process of purchasin our home. Long but need help.

Re: I already LOATHE the process of purchasin our home. Long but need help.

It is unfortunate that things got so mixed up and it is causing a lot of stress for you. It sounds like -- at the very least -- there were some miscommunications between the seller, her realtor, and your side of the deal. Or, if you don't want to give the benefit of the doubt, that the seller represented things and later changed her mind. But at least you know all of this before you go to contract.

Re: the roof -- I 100% agree with previous posters. Unless the roof is leaking, you can't ask the seller to replace it. If it's old and will need to be replaced soon -- but not yet -- well, that's just part of owning a house.

The hot tub issue -- is there a CO issue? Usually, if the sellers don't have a CO for something and don't plan on getting it, that's represented in the listing. Sometimes it says "hot tub is a gift" (i.e., not legal, so don't attribute value to it when you make an offer). Usually, I ask the listing agent whether all COs are in place BEFORE I make an offer for a customer. If the seller represented in the listing that the hot tub was included with the property and now you find out it's not, then I think you are justified in reducing your offer (given you thought the hot tub was part of the property you were making an offer on).

As far as the furniture goes, it sounds like you didn't know she would be leaving anything or offering anything to you before you made your offer and negotiated the selling price. (The listing agent mentioned it after your offer was accepted, at the inspection, right?) In that case, I think it was a bonus but didn't factor into the agreed upon price, so it's kind of neither here nor there and I wouldn't break up the deal over it. As another poster said, most of the time the personal property isn't included.

Bottom line - It sounds like the seller has made her positions clear; now you need to decide whether you still want to buy the house. You can try to negotiate further - If you plan to walk away from the deal, then it doesn't hurt to try to negotiate first, knowing that you may lose the house.

As aggravating and annoyng as the process can be, it will all be worth it when you get into a house you love. And I say this not just as a RE agent, but also as someone who had a tough time buying a house when I was pregnant and working crazy hours and had to deal with very difficult sellers who made every step a challenge. I survived and it was all worth it!

Re: I already LOATHE the process of purchasin our home. Long but need help.

I understand about the furniture not being included with the agreed upon price, it's just aggrivating that they said one thing and then back-tracked. I guess the hot tub is my only real issue. It was not on the listing at all. In their end of the contract, it says it will be given as a gift- "as is". Right now- the hot tub is in place and is working fine. I guess they don't want to get the C/O, though, because they're planning to turn it on its side like it's being abandoned.

Re: I already LOATHE the process of purchasin our home. Long but need help.

I definitely get where you are coming from. It is frustrating when someone says something and then goes back on their word. Hate to say it, because it shouldn't be this way, but verbal representations are suspect to me until they are confirmed in writing. Guess it's the lawyer in me!

As far as the hot tub, if the listing didn't exclude the hot tub or somehow indicate there's no CO, then you made your offer assuming that everything you saw when you viewed the property -- including the hot tub -- would be included. So I think you are entitled to adjust your offer, now that you've learned the hot tub will not be conveyed in working order.

On the other hand -- and only you know how much it's worth to you -- I think the hot tub seems like a relatively minor item. If it was a plus, but not a major factor in your decision to buy this particular home, do you want to possibly jeopardize the deal (in case the seller digs in her heels) over it? Annoying as the whole situation has been, it may be worth it to you to just accept the hot tub situation and just sign the contract.

Hang in there!

Re: I already LOATHE the process of purchasin our home. Long but need help.

The sellers obviously know you WANT the house so they are using this to their advantage.

Why are they going to give concessions when they know they don't have to?

I would just walk. Find another house.

Re: I already LOATHE the process of purchasin our home. Long but need help.

I don't understand what their point is in turing hot tub on side? Can you ask that they leave it unless it becomes an issue and only then turn it? Why would they ruin it for no reason. I think furniture would be a gift and if they don't give it then they don't give it.
Good luck!