All Forum Posts by: Nephtalie Pierre

*Thank you in advance to anyone who reads this because it is so long but I just thought I share as much details as I can..*

I placed an offer on a property on May 6, the same day I visited it. At that time, the in-law suite's bathroom and kitchen floor were under repair due to an insurance claim. The repairs were not complete. The bathroom flooring had partial LVP flooring and the rest was covered with a towel there were towels covering the kitchen floor.. The agent informed me that the insurance work would be completed after closing since the seller didn't want to move their belongings, which included a lot of junk.

The following day, May 7, someone made an all-cash offer with no contingencies, the seller accepted that offer. On May 26, the seller's agent contacted my agent to inform her that the previous buyer's financing fell through, and I was able to put in my offer, which got accepted. Before signing the contract, I asked my agent to ask what caused the leak in the in-law suite. In response, the seller's agent provided an invoice dated 5/22 for toilet flange repairs. I didn't initially notice the date. Additionally, they provided a termite moisture report from 5/11, mentioning an active plumbing leak (that would need to be repaired before treatment) and wood decay fungi in the crawlspace treated on 5/31. 

During my inspection, the inspector noted the issues mentioned in the termite and moisture report, as well as the following:

1. - "There were signs of moisture intrusion at the subfloor/floor joist structure."
2. - "There were one or more signs of fallen insulation in the crawlspace at the time of inspection. This can be a sign of high moisture levels in the crawlspace."
3. - "Inspector observed insulation that was installed upside down at time of inspection. This can allow insulation to hold moisture and therefore damage the floor joist"

I'm not certain whether these additional issues should have been noted in the original report termite/ moisture report. I decided to schedule my own termite/moisture inspection, which is today.

During the inspection, the seller's grandmother was present due to medical reasons. I had a friend with me, and he engaged in conversation with her since he also owns a house built by the same builder as theirs. As they talked, they discussed various issues they were encountered with the builder. The grandmother specifically mentioned that they had issues with garage flooding due to the absence of a drain, which prompted the city to require the builder to install drainage. Additionally, my friend informed me that she mentioned a nail in the pipe as the cause of the leak in the in-law suite's bathroom and kitchen area.

I do believe the seller's agent may have misled me about the reason for the leak in the in-law suite. The date of the toilet fix invoice (5/22) contradicts the agent's initial explanation of the leak being the cause of the flooring repairs covered by insurance (he originally mention the insurance when I saw the house on 5/6). I do believe the grandmother's account regarding the nail in the pipe is the actual cause for the floor replacement in the in-law suite.

The original termite and moisture inspection report did not mention the additional moisture intrusion issues in the crawl space, which my inspection revealed. I wonder if these issues should have been noted in the original report. 

I do have my termite and inspection scheduled for today, but I'm also wondering whether I should have a plumber assess the plumbing to ensure there are no further leaks.

 I agree with all this and these are some of my concerns. Thank you. 

Thank you, James. I will consult with a real estate attorney. The house is only two years old. I'm not sure when the fence was built, but it would be less than two years ago

 My primary concern is to avoid any responsibility for potential issues that may arise due to the fence being on the church's property. I am still waiting for the seller's agent to provide a written document from the church, stating they are ok with the fence being where it is.

But I do see where you're coming from. I just want to make sure that if an agreement is in place, it is documented in writing, or that they take steps to resolve the issue. There are a couple of other issues I'm currently having with the seller, but they just aren't coming across as entirely honest

Ok thank you

Hello Chris,

No, the lender isn't requiring a survey. My agent mentioned she discovered this issue through the title company. I'm not exactly sure how it came to light. However, the seller doesn't believe they need to address it. I'm just not sure what the options available are if the seller doesn't seem interested in rectifying the situation.

I currently have a property under contract and recently discovered that the seller built their fence on the neighboring church's property. The seller's agent informed me that the seller discussed this with the church and they expressed no concerns. However, there is nothing documented about this agreement. My agent is suggesting a property survey, but the seller seems uninterested in addressing this issue. I am hesitant to get a survey, particularly if the seller isn't planning to take any action. Are the sellers legally obligated to ensure that the fence is installed correctly on their property, or to obtain written confirmation from the neighboring church stating they have no objections? Or should this not be considered an issue?

 I will. I appreciate your advice!

Thank you! I'll take heed to your advice.

Nephtalie