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Grumpy Old Pharts Board Gerritol, Ex-Lax, Immodium, Bad Breath - all requirements for the Grumpy Board |
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05-01-2007, 06:59 AM
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#1
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Registered User
Join Date: May 2004
Location: South of Boston
Posts: 2,605
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Quote:
Originally Posted by MrHunters
closing is pushed back to the afternoon but NOT for the reasons below.
10 bags of trash
2 large ac units
4 piec o crap chairs
2 desks
all sitting in the back yard that supposedly were taken care of.
oh, now, i've never owned an oil burner before so this may sound like a dumb question.
is it bad to have the oil burner on with no oil in the tank? appanently since she is in texas she left the heat on and the tank ran dry, there were a couple lights on on the burner and it was making a noise i would assume is not normal.     
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Ask the bank attorney to do a $1500 "holdback" until the seller or the selle'rs agent has the trash and debris removed from the premises. That house is to be in 'broom clean' condition as of the closing. Mention this to your closing attorney today prior to sitting down at the table.
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The charm of fishing is that it is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope. ~John Buchan
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05-01-2007, 07:07 AM
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#2
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...
Join Date: Jan 2004
Location: MA/RI
Posts: 2,411
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The house needs to be in "broom clean" condition according to a typical P&S, usually there is no mention of yards.
Then again a holdback should be mentioned.
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05-01-2007, 07:12 AM
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#3
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What was that!?!
Join Date: May 2005
Location: East Kingston, NH
Posts: 3,108
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Quote:
Originally Posted by Redsoxticket
The house needs to be in "broom clean" condition according to a typical P&S, usually there is no mention of yards.
Then again a holdback should be mentioned.
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so your saying the chit they took out of the house and placed in the yard is ok?
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05-01-2007, 07:15 AM
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#4
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What was that!?!
Join Date: May 2005
Location: East Kingston, NH
Posts: 3,108
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Quote:
Originally Posted by Bronko
Ask the bank attorney to do a $1500 "holdback" until the seller or the selle'rs agent has the trash and debris removed from the premises. That house is to be in 'broom clean' condition as of the closing. Mention this to your closing attorney today prior to sitting down at the table.
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definetly cant hurt.
he's supposed to be calling around 9.
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05-01-2007, 07:44 AM
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#5
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Join Date: Jan 2004
Location: MA/RI
Posts: 2,411
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No, it is not OK but only if you handle this situation correctly.
If the debris was in the back yard when you first viewed the property then the P&S would state "debris to be removed from back yard on or before closing" that is if you wrote up your offer accordingly.
If the debris was placed there after then you may have a case where you can say that the yard is not the same as when you first seen it. The same for the inside.
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05-01-2007, 07:46 AM
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#6
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Registered User
Join Date: May 2004
Location: South of Boston
Posts: 2,605
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You can't have a house filled with sh*t and then move it into the yard just prior to walk through. Its the spirit of the agreement that counts. That is clearly in bad faith. Mention the 'holdback,' you are well within your rights to ask for money to be held until the debris is cleared away. I know I would allow it as the bank attorney if the owner simply moved the stuff cluttering the interior into the yard.
The holdback gives the sellers a little impetus to get the crap out of there so they can get their cash.
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The charm of fishing is that it is the pursuit of what is elusive but attainable, a perpetual series of occasions for hope. ~John Buchan
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05-01-2007, 12:01 PM
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#7
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got gas?
Join Date: Mar 2002
Posts: 1,716
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Quote:
Originally Posted by Bronko
Ask the bank attorney to do a $1500 "holdback" until the seller or the selle'rs agent has the trash and debris removed from the premises. That house is to be in 'broom clean' condition as of the closing. Mention this to your closing attorney today prior to sitting down at the table.
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I am an agent and this is exactly what I would do. Sorry about the D-bag agent, there a many out there.
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