Originally posted by Sue Loomans:
Made an offer on a HUD house in Milwaukee yesterday and it was accepted today. Went to see it again this evening and noticed that the AC compressor has been stolen along with interior copper. It was all intact yesterday, and I have a photo of the compressor. The rear door of the house, though locked, is poorly secured.
Has anyone had a similar experience? Is it possible to receive a discount? I'm expected to sign paperwork tomorrow. Thanks!
Hi from a Wisconsin-licensed real estate broker.
Question- what was the purchase price of the property, and how much will repairs cost?
The answer is very important because it directly determines your and the seller's rights under a Wisconsin WB-11 Offer to Purchase.
Take a look at the boilerplate on page 4 of 9, lines 206-211. I quote:
PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING Seller shall maintain the property until the earlier of closing or occupancy of buyer in materially the same condition as of the date of acceptance of this offer, except for ordinary wear and tear. If, prior to closing, the property is damaged in an amount of not more than five percent (5%) of the selling price, Seller shall be obligated to repair the property and restore it to the same condition that it was on the day of this offer. No later than closing, Seller shall provide Buyer with lien waivers for all lienable repairs and restoration. If the damage shall exceed such sum, Seller shall promptly notify buyer in writing of the damage and this offer may be canceled at option of buyer. Should Buyer elect to carry out this offer despite such damage, Buyer shall be entitled to the insurance proceeds, if any, relating to damage to the property, plus a credit toward the purchase price equal to the amount of Seller's deductible on such policy, if any. However, if this sale is financed by a land contract or a mortgage to seller, and insurance proceeds shall be held in trust for the sole purpose of restoring the property.
So, is the damage greater or less than 5% of your purchase price? That answer determines your rights under Wisconsin law.
If you didn't use a standard Wisconsin form, these rights may not apply. Your recourse may be to demand satisfaction through the listing broker. This is not always so easy.
STRATEGY: If it's less than 5% of cost, I'd send a note to the listing broker demanding repair whether or not I used the state forms. They might be bamboozled enough without the forms to get HUD to handle it. If it's over 5%, I'd do what every other buyer does and overestimate repairs. If you think it's going to run $500, demand $2,000 in credits / price reduction and settle for $1,000. You might as well make an annoying situation work to your benefit!
While the feds are nothing but a bureaucracy, Wisconsin is a very consumer-centric state (for once, that benefits us!) and HUD isn't known for being into ripping off potential buyers. I think that you'll be fine here.
Sincerely,
Mike