Now comes the mess
Would love to get your thoughts on my deal guys. So here's what has happened now. I began the work that was requested on the inspection resolution which I will attach below. They asked for a new roof, furnace be cleaned and certified, water heater repaired, new basement window, blah blah blah. On Friday they came back after receiving the appraisal and said they were changing their offer. We were very very careful to make sure this wouldn't happen because of all the interest in the property and it's common for people to pull these shenanigans to get a property under contract and accepted for a ridiculous price and then later back out and reduce the offer for the "appraised value" so we wrote a special clause into our counter proposal.
On top of all this the roofer that I had hired took my $1k and ran off with the material money and also hired and scammed another roofing company that tore off the existing roof. I have spent the last week chasing this guy down, finding out what happened and really just costing myself a lot of aggravation and stress for absolutely no reason. This is a giant story all it's own. As the house sits now there is still no roof.
On Friday Feb 19th late in the day I received a message from my agent that he had some bad news. The buyers had dropped their offer down to $197 based on an appraisal that came in at 190k (the exact thing that we were drying to avoid by writing an exception into our initial counter offer). Their offer was at 215k initially which I accepted, we also had an addendum added to the contract that stated no matter what the appraisal came in at they would bring the additional cash to closing to make up the difference (now they didn't honor this). So for some reason they still thought they could drop their offer to 197k, which later I accepted. On Sunday night late at night after being overwhelmed and irritated with the roofing situation and the fact that I had a house with no roof, nobody to complete the job I decided to sign the amend extend / new offer and be done with it. Which I am now regretting.
Amend extend offer:
Original contract with appraisal condition:
Come to find out that the appraisal that came in at 190 seems highly suspect to me as well. Which I didn't receive until the morning of Tuesday February 23rd, but the amend extend had to be signed by Monday. Several things about this really rubbed me the wrong way. First of all, all of this work they requested I do on this house there was zero allowance or credit or any mention of this in the appraisal. How can we put on a new roof and receive 0 credit for this or additional value on the appraisal? Also a specific item stating that there was no adjustment for appreciation for the comps that are older than 6 months (which 4 out of the 6 were older). In a normal market this wouldn't be an issue, but Denver is one of the hottest real estate markets in the country, with 10.9% appreciation year over year as of November 2015 (case schiller).
Any thoughts guys? I feel so jerked around, taken advantage of, and downright cheated. I know pigs get slaughtered but this whole thing has just rubbed me the wrong way from the beginning. Should I just chalk it up to a lesson and smile with my 100g's or fight this cancel the contract and face specific performance which might mean still having to sell or face litigation?
Thanks