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Damaged House Purchase

Posted on 9/21/20 at 7:16 pm
Posted by ktfsh71
lake charles
Member since May 2008
52 posts
Posted on 9/21/20 at 7:16 pm
I had signed a contract to purchase a house (was a spec w/some custom finishes) in Lake Charles, closing was scheduled for Oct 13th. The house was damaged (shingles off, both front doors blown open, wind driven rain in entries, water damage in garage, roof vents blown off). I really don't want to purchase a house that I've never spent a night in, before it had to be repaired. What are my chances that the contractor will either, let me out of the contract and get my deposit back (and eating the overages on the custom items) or them just building the same house on a new lot in the same subdivision?
Posted by LoneStar23
USA
Member since Aug 2019
5784 posts
Posted on 9/21/20 at 7:21 pm to
Was this a house being built?
This post was edited on 9/21/20 at 7:23 pm
Posted by Jon Ham
Member since Jun 2011
29618 posts
Posted on 9/21/20 at 7:21 pm to
Read the contract.
Posted by cajunandy
New Orleans
Member since Nov 2015
869 posts
Posted on 9/21/20 at 7:37 pm to
In the contract, is the deposit referred to as "Earnest Money"? If it is then it is unlikely that you get the money back.
Posted by dbeck
Member since Nov 2014
29454 posts
Posted on 9/21/20 at 7:38 pm to
quote:

In the contract, is the deposit referred to as "Earnest Money"? If it is then it is unlikely that you get the money back.

What if OP's name is "Earnest"?
Posted by cajunandy
New Orleans
Member since Nov 2015
869 posts
Posted on 9/21/20 at 7:45 pm to
quote:

What if OP's name is "Earnest"?

you think he is a deposit? what did he deposit?
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
12698 posts
Posted on 9/21/20 at 7:53 pm to
You need to speak to an attorney. I wouldn’t be so worried about some wind damage that, presumably, will be repaired on the contractor’s nickel. But water damage is another thing entirely. I would also suggest you have this conversation quickly while you can still document the damage if you need to.
Posted by Lou
Modesto, CA
Member since Aug 2005
8619 posts
Posted on 9/21/20 at 8:09 pm to
quote:

I really don't want to purchase a house that I've never spent a night in, before it had to be repaire
I understand your thinking, but EVERY house needs repairs. My ex and I built a brand new house and after closing they had to repair the HVAC and the washer/dryer. If you had watched them build your house start to finish there's a strong chance they had plenty of rework here and there. I understand your thought process, but a home with repairs is not like a wrecked car with body work. Just something to think about.
Posted by MBclass83
Member since Oct 2010
10143 posts
Posted on 9/21/20 at 8:13 pm to
Shouldn't contractor have insurance???
You don't own the house yet and you can put all that damage on punch list.
Posted by theantiquetiger
Paid Premium Member Plus
Member since Feb 2005
20058 posts
Posted on 9/21/20 at 8:16 pm to
Just make a punch list so long, he will let you out
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
12698 posts
Posted on 9/21/20 at 8:22 pm to
quote:

I understand your thinking, but EVERY house needs repairs. My ex and I built a brand new house and after closing they had to repair the HVAC and the washer/dryer. If you had watched them build your house start to finish there's a strong chance they had plenty of rework here and there. I understand your thought process, but a home with repairs is not like a wrecked car with body work. Just something to think about.

If I were the OP, I would be concerned about the long term effects of water damage, including the value of the house. Of course, I have no idea how significant the damage really is.
Posted by KemoSabe65
70605
Member since Mar 2018
6510 posts
Posted on 9/21/20 at 9:26 pm to
Less than zero, contractors aren’t contractors because they’re charitable. Don’t drop that apartment lease just yet, your new house will be livable in six months. On the bright side, you now know it held up to the baddest MF’er our area has seen in a hunerd years.
Posted by Lou
Modesto, CA
Member since Aug 2005
8619 posts
Posted on 9/21/20 at 9:31 pm to
quote:

long term effects of water damage, including the value
my bad, I didnt read closely enough. I thought all damage was cosmetic. If the house flooded that's a different story.
Posted by Coach Buzzcut
Member since Feb 2016
1404 posts
Posted on 9/21/20 at 9:49 pm to
You may be able rescind the sale depending on the contractual language. Usually, you could rescind the sale for LA’s implied warranties against redhibitory defects.
Posted by Jon A thon
Member since May 2019
2410 posts
Posted on 9/21/20 at 9:57 pm to
quote:

don't own the house yet and you can put all that damage on punch list.




exactly. its a pain, but its not on you to ensure all repairs are made back to the quality agreed upon at purchase.
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