We just got really screwed on this house we're buying :(

[Brian Baskin]

OK, found this house back in November, a nice HUD home. They wanted $104,400, an extremely cheap price for this area. I could see only about $15k of repairs to put into it. So, the weekend after Thanksgiving, we sign the contract with our Realtor/HUD, and have 60 days to close. We put $1000 down then, and then proceed to bust our asses to get all the legwork done on getting the water/electricity turned on, and arranging all the work. We expressed concern to our Realtor then about the driveway. The neighbors were using it and had all their stuff in it. But, there's no way we could park on the street. There is no parking area, so parking there would put you in the middle of traffic, on a very busy blind hill. He said to wait for the survey before closing, and it'll be worked out. We trusted him (sigh)... We pay $400 for the appraisal, $100 for inspection, $65 for a credit report. We just got the work writeup back, $15k, just found a contractor to do the work for $12k. Everything's looking good.

It's now January 21st, we close next Monday the 28th. ... and our realtor just called. The driveway is not in the survey. The sales listing explicitly stated "Driveway/offstreet" but that was a mistake. There's a little fine print at the bottom of the sales print that says that they can't guarantee the information, that it should be verified. Well, WTF?! The realtor tries to play it down, saying that we can just gravel our front yard and make our own driveway, HELL NO! We're just really confused and upset. We're just tired of all this bad stuff happening to us. Without a driveway, it's impossible to live in this house, as there is no on-street parking. If you're on the street, you're taking up an entire lane, on a busy road, with a blind hill by the house.

If we back out now, I don't know how much money we'll lose, probably enough to screw us from buying a house this year. Not even sure if we can pull out. We just found this out 30 minutes ago, and are just confused and praying right now.

http://w3.cablespeed.com/~bbaskin/House/

 

[Mike Gager]

honestly i think you should cut your loses and keep looking

you are in maryland? that seems like a lot of money for that house (of course location plays a big part) around here (kansas) a house like that would go for maybe $50K

 

[Brian Baskin]

This area of Maryland is very expensive. This was a rundown house, in good shape it would go for $130-135k. But we're kind of stuck in this area. And don't have reliable vehicles to have a longer commute

 

[JFX001]

Weird

Brian,

This is weird. My Wife and I just put an offer on a house here in Ohio. She was asking 103,900. It too needs about 15,000. in repairs. We will find out tonight if she accepts the counter/counter/counter offer.

Its a nice little Ranch that will be used for a Rental.

I would give the Realtor another call, and see exactly what the Survey entails. Go to the County and pull up the plot. Raise hell with everyone associated with your chain of events. Make the Realtor do his job.

I know that you've spent money, don't quit yet.You still have time.

JFX

 

[ezernut9mm]

i know all the hassles in buying a house, we went through it 4 yrs ago. keep the faith and don't give up now. we're pulling for ya.-chris

 

[LIGHTNINGLINDSEY2]

new house

hey brian.

I would get out of to ffing quick and get any money i have been out, do not take no for an answer.

thats not right sounds like your realtor bites.

Later good luck.

DAVID

 

[cobrayankee]

The suburb Baltimore and DC area commands 20-30% higher prices than anywhere I've ever seen. Been all over the world in 9 years and I can honestly say this area is the worst when you're trying to get your money's worth. It's also the worst in customer service at ANY place that delivers products or service.
Brian, I'd say go to the realtor and "talk" or "argue" with them about this situation. Tell them your only other alternative in to contact the Better Business Beureu(sp?) and then legal action. It won't hurt to call the BBB for the hell of it today. Just see if you have a legitimate complaint. Tell the realtor this is a lot of money to you but to them it's a drop in the bucket and not worth the legal hassle and negative publicity you will put them through. Don't threaten them with it, just "inform" them of your plans. Get the ball rolling here. Whether you decide to back out or pursue the house, don't lose a dime! Good luck.

 

[Speedin Bob]

Brian,

What a pisser....

Not knowing all the details, here is my .02.

The Realtor gets a commission based on the sale/closing, MAKE HIM EARN EVERY FRIGGIN PENNY.

Go to the courthouse and pull the plot, make a couple photocopies, go to the house and measure it off, then provide one to the Realtor. It could go either way, be prepared. If the driveway isn't within the plot, tough call. If in your favor, have it appended to the purchase agreement and the sale contingent upon it. This gives you an out and is a legal reminder for the neighbors to move their crap off YOUR property.

The $1000 earnest money was given by you it in good faith. It could be an expensive lesson if you back out and no contingency clauses in the purchase agreement. READ the purchase agreement line-by-line, word-for-word.

The one thing to keep in the back of your mind. This is a business decision, not personal. Yes, there is emotional involvement but don't let it cloud better judgement.

Best of luck!

Bob

 

[Don's Bolt]

I agree with Bob

Also by looking at the pics, I find it hard to believe that the driveway on the right doesn't belong to that house. That drive has to belong to the house.

Does the house on the right have a driveway on it's right side?

I would think the zoning laws have to leave at least 10 feet on each side of the house.

 

[cobrayankee]

no doubt

I agree with Bob

Also by looking at the pics, I find it hard to believe that the driveway on the right doesn't belong to that house. That drive has to belong to the house.

i know it. Check out that bush on the right. Is it really reasonable that you'd walk outside, walk out 20 feet to go around a bunch of bushes, just to get to your driveway??? They're just taking advantage of the vacant driveway.

 

[Black Lightning]

That Driveway goes with that house if you look the bushes go the hole driveway Tell the neighbors to get the stuff out or you are junking it that worked for my uncle

 

[Brian Baskin]

The other house, with the driveway, is a corner house. And, yup, it's their driveway. What it seems is this. The two houses were built by the same family, and they shared the driveway. When the house (that we were going to buy) was sold years ago, they transferred the driveway to the other house, to keep it in the family ...

Trying to work up the nerve to call the realtor back and ask for all our money back. The two of us are really decent, at least I think , it's very hard for me to raise a ruckus... maybe I'll get my wife to call

[edit:]
well, I talked to him, then wife had a screaming match at him (go hon!). He hung up on her, and called me back later. When he called back, he was really looking over the land survey, and may think that the driveway DOES fall on our property He'll find out confirmation tomorrow from the HUD people ... sigh. And we're finding such nice apartments to live in

 

[Muddmann]

hey brian,

dunno if its too late, or even if your willing, but my wife is a real estate agent, albeit here in Dallas. she may be able to give you some ideas if your interested. drop me an email if you are, and ill have her call ya

 

[Speedin Bob]

Brian,

Time to take a trip to the county recorders office and do some homework.

No offense to Realtors but if he hung up on your wife, that is NOT acceptable.

Call him again and demand copies of the notarized documents from the recorder's office verifying his claim and closing is contingent upon your examination AND acceptance. As for the transfer to the family, the property would have to be deeded and recorded as well. Otherwise it is BS.

Again, read the purchase agreement word for word and look for any and every way to opt.

CYA Mr. Baskin C.Y.A.

 

[paul12]

Get an attorney to review the documents. Get what you want dont settle for what you dont want. You will probably be living in this house for several years. if youre not happy, it will bug you every day you live there. also remember this realtor doesnt get paid until you close on the house. If the deal falls through he wont get paid. He is motivated for you to close on the house. If this is your first home purchase it can be intimidating. Remember you are the customer. Not only for the current owner but also for the mortgage company, the realtor, the closing company. I almost walked away from the table on our last house because the rep from the closing company was a bitch. Good Luck!

 

[onefaststang]

Honestly, I think you should cut your loses, or try and get your money back.
Your paying way too much for that house. I would pay about $50K for that place, and thats it.

Maybe you should consider moving to a different area, or trying to get a relocate from your job or something. If all the houses are that expensive, and look like that, then I would move.

 

[Boss Hoss]

Sorry Brian!

Damn man I just read the post. How's everything going?
Let me know if you guys need anything.
Later...

 

[LIGHTNINGLINDSEY2]

HOUSE

HEY PAUL DAVID here my wife and I did the same two years ago

we did walk right out of the closing and came home. it some some nerve due to the fact 30 mins befor we had transfered our home to the new owners.

WE told the realtor we would be home if they wanted to settle the problem we would wait for to call for 45 mins after that it would be a done dead deal, she did call back in about 20 mins, we lived close to the closing place.

the short of the point problem was taken care of and 30 mins befor it was just noway it could happen to hear her tell it.
later DAVID, hang in there BRAIN.

 

[StruckBy]

Brian,
man this sucks. But I have been through a similair experience. I am no home buying expert but here is what I did. First thing I did was take the advice of someone who posted earlier and read the contract. In the contract it probably says that you have to have a home inspection done. OK fine so have the home inspection done. Then somewhere in the contract it probably says that if the potential purchaser is not satisfied that you must inform the current owner within so many days that you are not satisfied with the inspection. A certified letter is in order here to notify the current owner. It probably does not say that you have to say why you are not satisfied just that you are not satisfied plain and simple. At this point either party should have the option to withdraw from the contract and close this case. Granted the home inspection will cost you around $200-$250 but this can be your out. I had to eat $240 but it got me out of a house that I just could not see my self into and that we had $3000 sitting in the escrow account that could have potentially been lost. Act on this immediately as there is probably a certain amount of time after the contract was signed that you had to have the home inspection done. If this will work and your gut feeling tells you that you really want out of this this house then follow your gut feeling. Just find the first available home inspector and get it done. And as far as your relator goes I'd give him the boot pronto after all this is said and done. For a purchase like this you need someone on your side with professionalism through it all and most importantly the abilitly to deliver excellent customer service to the end.
Goodluck Brian,
Edward Huerta/Struckby

 

[Brian Baskin]

I'm just willing to accept now that I screwed up, I ruined it all. I was young and naive and just stupid, and got in over my head. I assumed that when we had a realtor to find a house for us, that he'd be looking out for us. I assumed that he would verify information. I remember signing the contract where he would represent HUD instead of us in the selling, but he never explained that to us, and I didn't really understand what it meant. The driveway doesn't come with the house, I had them fax me a land survey, and I can't work with it. Trying to find the 'field office' (whoever or whatever that is) to see if they would allow us to get the earnest fee back. If so, then we only lose $1200, and I can deal with that. It hurts, but over a year or two, we can make it back up. However, if they don't, we lose $2200, and that will really hurt.

I just think we're screwed, because I was too trusting of him, and I wasn't familiar with what I was getting into. It seems that after I signed for him to represent HUD, it all came into my court, and I thought it was still in his. So, I neglected to verify the information. I did have the inspection done, but they didn't tell me anything. It was done about 3 weeks ago. I already have the work write-up, and a contractor all planned out.

But, you know what I think, in my very sober mood right now, it's only money. I lose $2200, that's OK, I still have $1400 in the bank (the rest of the closing amount). Why am I basing the happiness of my life or marriage over $2200. I'm not going to buy this house, and go through pain, just to save money. I lost, fair and square. $2200 meant a lot at first, but it's only money, and if we'll be happier renting a nice townhouse for a year, all the better. I'm sure my wife will still fight for as much as we can get back, she hasnt given up yet.

Wow, this is surprisingly deep for an online post. Sorry about that.