Don't be bullied into accepting a less-than-satisfying deal
Tuesday,  December 18, 2007 3:15 PM
REAL ESTATE MATTERS
Q: I?m buying a home. Both the sellers and I have signed contracts stating that the water purity and septic system must be in passing condition to sell. When we did our testing, however, the property did not pass; it failed the septic-dye test.

A plumber did an "inspection" to identify the problem. In his letter, he "assumes" the problem is in the leach field. The estimate to fix the problem ranges from $3,600 for a shortterm solution to $5,800 to replace the leach field.

The seller wants to give us a credit for only $3,600. I don?t want to accept this offer and told my lawyer I want a septic engineer to diagnose the problem, not just make assumptions, before I will make a decision. What is the correct course of action and what are my rights?

A: Having a septic specialist give you a second opinion is a good course of action.

At that point, you and the seller must negotiate a deal that makes you comfortable.

Clearly, taking the offer on the table isn?t making you comfortable. And with so many properties on the market, you don?t need to be bullied into accepting this deal. Review your contract and options with your real-estate lawyer.

Q: A developer expressed interest in buying my home. We talked casually on the phone and he arranged to stop by and talk with me in person.

Since his visit, I?m feeling as if I?m in over my head. I didn?t sign anything (nor did the developer ask me to), but he wants to return with a letter of intent, and I am uncomfortable signing it.

I have no experience in this area and want to just pull back and think it over. How should I proceed, whether I decide to end negotiations or keep them open?

A: When the developer comes back, thank him for his time and effort and tell him you never sign legal documents without having your lawyer look them over. Tell the developer you?ll need some time to review your options and discuss the offer with your lawyer. Make sure you get the developer?s contact information and his lawyer?s contact information.

Then, hire a real-estate lawyer to handle the negotiations for you.

Have you discussed price? If not, or if you?ve just talked in generalities, you might want to pay a local real-estate agent to tell you what your house is worth; or you could hire an appraiser to do a quick appraisal.

Telling the developer that you need seven days or more to get the contract to your lawyer for review buys you some time and allows you to keep the door open while you consider your next move.

Send questions to Real Estate Matters, P.O. Box 366, Glencoe, Ill. 60022, or contact author Ilyce Glink through her Web site, www.thinkglink.com.



Story tools

Today’s Top Stories

- Advertisement -

- Advertisement -

Realtors

Resources

Services

Research

More Community Info

Information about Columbus and surrounding areas, (courtesy of The Columbus Chamber):

OR


Check out House of the Week

- Advertisement -