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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Would you back out? Update #1 at bottom of pg2
We just found out that the owners of the house we are currently under contract on do not have a permit for their deck. The deck is a huge multi-tier structure and a huge selling point for us on the home.
The deck also needs some work which came up in the inspection report. If the sellers are not willing to fix the deck nor obtain the permits, would you back out of the house??
We can purchase the house as is and then it will fall on us to obtain the permit, which we are really uncomfortable with.
Suggestions?
Message edited 4/19/2007 12:44:21 PM.
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Posted 4/18/07 11:21 AM  |
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kerrycec03
Mom of 2 beautiful boys!!
Member since 6/06 13519 total posts
Name:
Kerry
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Re: Would you back out?
are you 100% sure the owners won't get the CO's for the deck?
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| Posted 4/18/07 11:25 AM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Would you back out?
Posted by kerrycec03
are you 100% sure the owners won't get the CO's for the deck?
We have been going back and forth on this. The house is actually an estate and currently empty. The children of the now deceased owner do not want to do anything. As of right now they do not want to get the CO's for the deck.
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| Posted 4/18/07 11:30 AM |
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kerrycec03
Mom of 2 beautiful boys!!
Member since 6/06 13519 total posts
Name:
Kerry
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Re: Would you back out?
hmm, are they changing the price to reflect the cost of CO's & repairs to the deck?
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| Posted 4/18/07 11:36 AM |
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SweetTooth
I'm a tired mommy!
Member since 12/05 20105 total posts
Name:
Lauren
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Re: Would you back out?
Posted by Akajt98
Posted by kerrycec03
are you 100% sure the owners won't get the CO's for the deck?
We have been going back and forth on this. The house is actually an estate and currently empty. The children of the now deceased owner do not want to do anything. As of right now they do not want to get the CO's for the deck.
You should have your REA talk to theirs-they should know that they will probably have to get a CO for any buyer - if its a huge structure like you are saying, the bank will probably require you to get the CO for the mortgage..
We had a similar problem and wound up backing out.
If you think you can get the mortgage without the CO, I would talk to your attorney about holding money in escrow for anything that might need to be done to bring the deck up to code.
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| Posted 4/18/07 11:38 AM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Would you back out?
Posted by kerrycec03
hmm, are they changing the price to reflect the cost of CO's & repairs to the deck?
They are not willing to cover any of the costs. As per their attorney the house is being sold "as is".
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| Posted 4/18/07 11:42 AM |
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kerrycec03
Mom of 2 beautiful boys!!
Member since 6/06 13519 total posts
Name:
Kerry
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Re: Would you back out?
I would say back out. Eventually they are going to have to get the CO's for the deck, its inveviable.
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| Posted 4/18/07 11:45 AM |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: Would you back out?
I think I would probably back out. I don't want the hassle or expense of getting the COs and your taxes will probably increase once the CO is issued. For me, it would be something I was not prepared to deal with, so if they are unwilling to negotiate anything I would walk away.
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| Posted 4/18/07 11:59 AM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Would you back out?
I should state that I feel that we are getting a good price on the house, which is why we are on the fence with the whole deck thing. I know it is a buyers market, but the houses in this area are going for a lot more than this home. Scary that this is all coming down to $5k-$10k difference.
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| Posted 4/18/07 12:01 PM |
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LIMOMx2
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Member since 5/05 24989 total posts
Name:
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Re: Would you back out?
I wouldn't back out. If you can't get permits the worse thing that will happen is that it has to be ripped down. And since it is need of repairs that wouldn't be so bad.
If you love the house and the deck is the only issue I would def not back out.
If it was something more major then yes.
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| Posted 4/18/07 12:04 PM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Would you back out?
Posted by 5ofClubs
I wouldn't back out. If you can't get permits the worse thing that will happen is that it has to be ripped down. And since it is need of repairs that wouldn't be so bad.
If you love the house and the deck is the only issue I would def not back out.
If it was something more major then yes.
We really like the deck. According to our inspector it needs about $3.,500 in work. We are not sure how much the permits would cost. We would be heartbroken if we had to remove the deck.
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| Posted 4/18/07 12:07 PM |
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LIMOMx2
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Member since 5/05 24989 total posts
Name:
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Re: Would you back out?
Posted by Akajt98
Posted by 5ofClubs
I wouldn't back out. If you can't get permits the worse thing that will happen is that it has to be ripped down. And since it is need of repairs that wouldn't be so bad.
If you love the house and the deck is the only issue I would def not back out.
If it was something more major then yes.
We really like the deck. According to our inspector it needs about $3.,500 in work. We are not sure how much the permits would cost. We would be heartbroken if we had to remove the deck.
That much $$ in work. It must be an enormous deck!!
Our deck is 15x23 which is pretty large and we spent $2000 on it!
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| Posted 4/18/07 12:13 PM |
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AllyandMike
LIF Infant
Member since 4/06 64 total posts
Name:
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Re: Would you back out?
Even if you are getting a good deal on the house, you will most likely not be able to get a mortgage without the CO for the deck, since it sounds like it is huge. So you'll have to back out eventually anyway. I would do it now so you can start fresh looking for something new.
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| Posted 4/18/07 12:15 PM |
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SweetTooth
I'm a tired mommy!
Member since 12/05 20105 total posts
Name:
Lauren
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Re: Would you back out?
Posted by Akajt98
Posted by 5ofClubs
I wouldn't back out. If you can't get permits the worse thing that will happen is that it has to be ripped down. And since it is need of repairs that wouldn't be so bad.
If you love the house and the deck is the only issue I would def not back out.
If it was something more major then yes.
We really like the deck. According to our inspector it needs about $3.,500 in work. We are not sure how much the permits would cost. We would be heartbroken if we had to remove the deck.
for $3500, I would think you could put on a new deck! if you are willing to spend that money, and love the house, ask the sellers to take the deck down and then build a new one when you move in.
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| Posted 4/18/07 12:21 PM |
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LIMOMx2
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Member since 5/05 24989 total posts
Name:
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Re: Would you back out?
What size is the deck?
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| Posted 4/18/07 12:23 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Would you back out?
If everything else is right with the house I would not back out. Usually with an estate sale the owners don't want to do a thing.
Banks will give you a mortgage without the permits. You have to keep in mind that the deck may increase your taxes if you do try to get a permit. It could be substantial. So add that to the cost:
permits
repairs
taxes
Do some homework and find the unknowns out. Then, make your decision.
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| Posted 4/18/07 1:03 PM |
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alnem
This is gonna be a good year!
Member since 2/06 9562 total posts
Name:
Emily
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Re: Would you back out?
Posted by SweetTooth
Posted by Akajt98
Posted by 5ofClubs
I wouldn't back out. If you can't get permits the worse thing that will happen is that it has to be ripped down. And since it is need of repairs that wouldn't be so bad.
If you love the house and the deck is the only issue I would def not back out.
If it was something more major then yes.
We really like the deck. According to our inspector it needs about $3.,500 in work. We are not sure how much the permits would cost. We would be heartbroken if we had to remove the deck.
for $3500, I would think you could put on a new deck! if you are willing to spend that money, and love the house, ask the sellers to take the deck down and then build a new one when you move in.
i agree with lauren. $3500 is alot of money just to repair the existing deck. get some prices on a new deck (get a similar design since you like it so much) and have the sellers knock down the old one. it will alleviate any bank problems as far as not having the CO's. And if you plan on living there forever then dont bother getting CO either  ...worry about that when you go to sell. 
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| Posted 4/18/07 1:16 PM |
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Re: Would you back out?
We were in the same perdiciment, and I know alot of people are saying rip down the deck. But if there is an entrance onto the deck from the second floor, do not rip it down until your homeowners is in affect. Our Homeowners insurance gave us a big problem because we ripped down the deck and did not replace it right away.
I would buy the house as long as your mortgage company will allow it, fix the deck and get the CO and permits when the time is right (when you sell)
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| Posted 4/18/07 1:29 PM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Would you back out?
Regarding the size of the deck, it is very large. The first level has a fire pit and the second level has a hot tub and barbecue. Ripping out the deck would not be so easy as it has plumbing for the hot tub and a gas line for the bbq etc. To rebuild the deck I would have to assume it would be anywhere from $10k to $15k. Honestly I don't think tearing it down is an option. As one of the other posters mentioned we would have an insurance problem with a door going out to nothing. I should also mention the house is on a hillside so it would make for a very large drop.
Here is a bad pic of the deck that should give you a better idea.
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| Posted 4/18/07 2:12 PM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Would you back out?
Ok pic didn't work the first time.... Image Attachment(s):
Message edited 4/18/2007 2:13:39 PM.
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| Posted 4/18/07 2:13 PM |
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TheLorax
LOVE
Member since 2/06 5581 total posts
Name:
Suzanne / SuzBride
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Re: Would you back out?
Posted by bridget-n-jimmy
We were in the same perdiciment, and I know alot of people are saying rip down the deck. But if there is an entrance onto the deck from the second floor, do not rip it down until your homeowners is in affect. Our Homeowners insurance gave us a big problem because we ripped down the deck and did not replace it right away.
I would buy the house as long as your mortgage company will allow it, fix the deck and get the CO and permits when the time is right (when you sell)
the deck on the house we just bought doesn't have a CO (nor does the pool deck) - although the changes would be minor. We bought the house anyway, and we figure we can fix the deck and get the CO a few years down the line when we have more $$$. We didn't have any problems with getting a mortgage.
Good luck! (The deck sounds fabulous btw)
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| Posted 4/18/07 2:15 PM |
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FranM
And so it goes....
Member since 9/05 2217 total posts
Name:
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Re: Would you back out?
Posted by Akajt98
Posted by kerrycec03
are you 100% sure the owners won't get the CO's for the deck?
We have been going back and forth on this. The house is actually an estate and currently empty. The children of the now deceased owner do not want to do anything. As of right now they do not want to get the CO's for the deck.
We were in the EXACT SAME position when we bought our house. It takes time and money to get CO's. Make sure you have a bank that is willing to give you the mortgage without the CO's. And find out what it will cost to get one. It worked out great for us as the seller lowerd the price and I found a bank that did not require the CO.
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| Posted 4/18/07 3:04 PM |
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MegZee
My bunny
Member since 5/06 8777 total posts
Name:
Meaghan
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Re: Would you back out?
if they don't want to get teh CO, they probably wont sell it. I cant see a bank or title company approving the sale without. homeowners insurance might not want to cover it either if they find out, because what if someone gets hurt on the deck that has no CO?
eta: I read the whole thread. $10K - $15K is alot - but i would still be weary buying a house without a co for such a large deck.
My deck had a C/O, but the deck was different from the original survey - (it looked expanded) - but if you look at the deck, it doesnt look like it was changed, so the bank was ok with it.
Message edited 4/18/2007 3:07:49 PM.
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| Posted 4/18/07 3:05 PM |
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Hi-Fi55
12 years...wow....
Member since 2/06 2984 total posts
Name:
Dianne
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Re: Would you back out?
Honestly, for a deck or a pool or a shed - no. Title companies do not care about C/Os (because they don't insure municipals) and many banks do not "care" about C/Os.
If the C/O was for something more to do with the actual dwelling I would be concerned.
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| Posted 4/18/07 3:21 PM |
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ckone
LIF Adult
Member since 8/06 3014 total posts
Name:
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Re: Would you back out?
You can ask them to discard the deck....
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| Posted 4/18/07 3:39 PM |
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