Mitch Canin, the Canin Group

(520) 907-6526

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Mitch Canin

35 Years Experience – Over 1500 Transactions

  • Dedicated
  • Exacting
  • Compassionate
  • Innovative

Phone

(520) 907-6526

Office

  • 7423 E. Tanque Verde Rd.
  • Tucson, AZ 85715

Email

Canin.mitch@gmail.com

The Canin Group's Blog

Q & A

September 6th, 2017

Q) When we bought our home in 2001, the then- seller stated on the Seller Disclosure that the polybutylene piping had been replaced in 2000. In May of 2017 we put the house up for sale. Naturally, when we filled out our Seller Disclosure, we answered identically, that the polybutylene had been replaced. Unfortunately, the buyer hired a plumber to inspect our piping (Something we failed to do in 2001) and it turned out to be polybutylene. Now, in order to sell, we have to replace the “poly” to the tune of $9,000. Two questions; “Do we have a claim against the previous seller?” “Does our current buyer have a claim against us??
A) You have a claim against the previous seller as they knowingly supplied false information. As to the second question, your current buyer would not seem to have a legitimate claim for these reasons: 1) You can provide the previous seller disclosure as proof you did not knowingly falsify the disclosure you filled out. 2) You have agreed to replace the polybutylene. Through the lens of 20/20 hindsight, you’ve learned the hard way that the difference between a claim and a fact.
Q) Our home is under contract and the buyer, who has been difficult throughout the negotiations, is past the inspection period. Yesterday the buyer’s Realtor issued a request that he be allowed to return to the property several more times with contractors in order to obtain numerous bids for his planned renovation. Do we have to comply with this?
A) You do not. The buyer’s negotiated inspection period (Typically 10-12 days) and the final buyer walk-thru inspection are the sole times a seller must make the home available to a buyer. You are within your contractual rights to decline the request.
Q) We’re about to put our home on the market, have lots of deferred maintenance and a relatively small amount of capital (Under $4,000) with which to address it. How much should we spend and on what shall we spend it?
A) The question is best answered by a Realtor who can actually assess the degree of deferred maintenance in relationship to the $4,000 you have to address deficiencies. It may well be best to preserve your capital in that throwing $4,000 at $20,000 worth of issues may not change the overall response to the house. For example, let’s say the entire interior needs painting, four bedrooms need to be re-carpeted, the yard is neglected and you need a $9,000 roof. Simply re-painting the interior does not increase the value or enhance the marketability of your home.
Q) After the buyers performed all their inspections, the “Buyer Inspection Notice and Seller Response,” they submitted asked us to pay up to $4,500 of the buyer’s loan fees in lieu of various deficiencies noted on the inspections. We think the figure should be about $2,500 but we don’t want to lose the sale. How should we respond?
A) Unlike negotiating the purchase contract when the parties can counter back and forth endlessly, during the inspection period, the seller’s response to the buyer’s repair request must either be accepted or the sale cancels. Therefore as it relates to whether you should attempt to negotiate the $4,500 down to $2,500, you must ask yourselves the following question; “Are we willing to start marketing our home again over $2,000?