gregorygarver.com

Veryconfused · Joined: 21 Jun 2005 Posts: 5

We are only two weeks away from closing...we have offered to leave all appliances and the outdoor hot tub. The buyers stated they did not want to bother with home warranty insurance. I am a wreck now because our 8-year-old hot tub (which we just put in a new motor and ozonator on) now has a major leak that will require a professional to fix. But this does not guarantee that this hot tub won't have problems AFTER the closing. We don't really want to fork out the money to try to save this old hot tub (we had decided even before we decided to move that if the hot tub started dying that we would just get rid of it and buy something new...unfortunately this didn't occur until after the whole process started). Can this be a deal breaker? Can the buyers demand we fork out the money to fix it? Aren't appliances and such left after sale on a home left in "as is" condition? We have our realtor talking to theirs now but I can't help but worry about it. Any thoughts?I have instructed our realtor to talk to their side already. This was a problem that happened two days ago, so we had no knowledge of any of this beforehand. We went ahead on our own and had other stuff done to the tub just because we didn't want them to have any problems. In fact the new motor and ozonator are working perfectly. We definitely did not expect this to occur. We had considered offering them like $300+ if they would like for a down payment on a new one and we would have the tub removed. I don't have a clue if the hot tub was the main selling point of our home in their eyes.

JoeRockhead · Joined: 25 Jun 2005 Posts: 4

If it can be shown that you were aware of the damage and didn't disclose, you could be liable in a suit. Of course, the buyer going to court and proving such might be difficult.

FaZizzle8666 · Joined: 29 Jun 2005 Posts: 6

Was it in the list of conditions? If not, you have nothing to worry about. It was their choice to decline home warranty, and that was your choice. It wasn't yours. They can't sue you for anything. Basically because it wasn't in the list of conditions, they technically cannot demand that it is fixed before they close. It is an older hot tub, and by telling them the age it was their choice to pursue the house. You are not hiding it--you are informing them now. It's their choice.If they do want you to fix it, there are plenty of things you can do--talk to your agent though.

jen · Joined: 04 Jul 2005 Posts: 3

It is unless it is part of the deal in selling the home, ie the contract says that the appliances and such are part of the deal.

Cougie · Joined: 08 Jul 2005 Posts: 5

Tell this to the buyer and work it out together.

termite_king · Joined: 12 Jul 2005 Posts: 7

any attached fixtures are sold as part of the property unless otherwise stated and also come with the same warrenty as the house that was agreed to in the contract

chardonohio · Joined: 16 Jul 2005 Posts: 7

My experience says this is not a deal breaker. Also, once people have chosen their home, they dont want to back out. Work out the current problem like this. Tell them there is a leak. If you want to avoid a confrontations, tell they you will reduce the purchase price by like $200 - not a lot but my guess is they will take it. They can demand you fix it, but you can say no. Finally, get your realtors opinion. They often have a better sence for what may work. good luck.

jeanniep5299 · Joined: 21 Jul 2005 Posts: 7

the buyers should have paid for a home and hot tub inspection. as a seller you do have an obligation to hand over the house as seen by buyers and as noted in inspection. to keep your self out of court you need to have the repair done and give them any receipts, if anything goes wrong after closing it's up to them to take care of it. they should not call you after closing wanting repairs done.

cliffie · Joined: 25 Jul 2005 Posts: 6

if the buyers have had their walk through you may slide by, but what i would recommend is you contact the buyers yourself, be honest and tell them that the hot tub has a leakand depending on the repair cost,offer a allowance for repair or replacing, you may find out they didn't want a hot tub that old, and just say for you to have it removed or they will deal with it.. unless they are real sob's you should be able to work with them, and remember they picked your house and surely don't want to start over looking over one small item.....