San Diego County.
We're closing on a home in two days. In the last week, all of a sudden there have been lots of miscommunications and instances where what was said changed by the next conversation from our agent.San Diego County.
We are closing on a home in two days. There have been some recent instances of changing stories and commitments stated and then canceled from our own agent (suddenly feels like we're not getting good advice from our buyers' agent and that he's more interested in making things easy for the seller's agent.) Ours IS a case where the buyers' agent works for agency of the seller's agent (the agency is in his name) and they are getting both commissions and also have a tight relationship. They are a well reviewed agency and been in the business many years just as an aside. Understandably this is not ideal (buyer and seller agent in the same agency and one technically works for the other) but in this crazy cutthroat market in SoCal we probably wouldn't have had our offer accepted (loan package albeit excellent credit scores and very smooth) over the cash bid.Question now:
The house had been staged and had decor from the previous owner who had passed. The sellers, out of town adult children of the woman who had willed the house to them, had an estate liquidation sale over the weekend.We went in to the house during the last half hour of the two day estate sale and purchased a couple of items ourselves and naturally a lot of the other purchased items were gone from the home as expected at that time.Totally unexpectedly and accidentally, we noticed that a piece of art that must have been sold had been covering what appears to be about 5x5 inch area of mold or mildew around the two nails that suspended the art.
We took a few photos and left.
We had done many inspections /standard home inspection
plus 13 others (roof, windows, foundation, etc) but did not (and imagine would not have been allowed) to remove/touch the art and furnishings during inspections. And frankly there was no indication and we wouldn't have even thought to check.The hope is that it's minor and revealing that by cutting out a couple feet of dry wall could tell us. But what if it's not?Timeline:
We have released contingencies as of last Thursday.
Liquidation sale was Sat/Sun.
Observation of mildew or mold was Sunday late afternoon.
Monday (today) is termite tenting that I believe will start even before the time we were told since we have been getting unclear and uncommitted communications to our direct questions in the past week from our agent. We don't also want to delay termite tenting (or allow the seller's agent to) in case it would hold up a successful closing or that they could use it as a pressure strategy in us to rush us into closing (to pressure us to just accept any issue instead of dealing with it) in case the loan has any date/contingencies that we are not aware of.
What happens and what are our options when the tent comes off Wednesday (supposed to be our final walk through before signing documents on Wed afternoon or Thursday first thing) if:
1. The mildew/mold is there and visible. Can we ask to cut into it or do it ourselves and naturally agree to repairing the drywall ourselves if we discover it's minor/nothing? And what next?
2. What if someone has patched and painted over it after the sale and before we see it, thereby covering it up at this point. (We have photos from when we saw it at the liquidation sale yesterday afternoon but have not brought it up to anyone yet (holiday weekend and this was just several hours ago yesterday, and also we are concerned about our options and best approach)).
We're not feeling that comfortable with the agents - either of them, seller or buyer (ours) at the moment.
We love the house and want a smooth and efficient end.
We have a huge earnest deposit in the deal. Naturally we also don't want to now discover a major mold issue (again we're hopeful it's not that an
JA: Because real estate
law varies from place to place, can you tell me what state this is in?
JA: Has any paperwork been filed?
Customer: All details above.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe all details are above, though they may generate folllow-up questions.