Coldwell Henderson Sothebys
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New to the area-6np3
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PostPosted: Wed, May 24 2017, 9:09 pm EDT    Post subject: Coldwell Henderson Sothebys Reply with quote

Hi everyone,
My husband and I are trying to buy a home through Coldwell Henderson Sothebys in Cranbury and we're having a challenging experience. We attended our walk-through today, and the house was not move-in ready. The seller spackled and painted the walls and left what looked like cream cheese and splotches of colors on almost every wall. The carpet has huge stains, and the realtor told us that this is normal. We did not go to the closing, and we are disheartened. The cost to fix the paint is about 5k, and we believe that this should have been attended to by the realtor and the seller. We were so excited to join the community, and now we feel simply unsupported. We spoke to the manager of the real estate company, and he said it's a lawyer issue. We are simply lost by this information. We believed that this was a reputable company, and now we are just disenchanted.
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jewel6634-686s
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PostPosted: Wed, May 24 2017, 9:16 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

Wow,

I hope they take care of this for you!!!
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anon-6np3
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PostPosted: Wed, May 24 2017, 9:36 pm EDT    Post subject: Re: Callaway Henderson Sothebys Reply with quote

New to the area-6np3 wrote:
Hi everyone,
My husband and I are trying to buy a home through Coldwell Henderson Sothebys in Cranbury and we're having a challenging experience. We attended our walk-through today, and the house was not move-in ready. The seller spackled and painted the walls and left what looked like cream cheese and splotches of colors on almost every wall. The carpet has huge stains, and the realtor told us that this is normal. We did not go to the closing, and we are disheartened. The cost to fix the paint is about 5k, and we believe that this should have been attended to by the realtor and the seller. We were so excited to join the community, and now we feel simply unsupported. We spoke to the manager of the real estate company, and he said it's a lawyer issue. We are simply lost by this information. We believed that this was a reputable company, and now we are just disenchanted.
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anon-s6p5
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PostPosted: Wed, May 24 2017, 9:50 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

I would agree this is a lawyer issue. If you feel this is an issue akin to the inspection issues then the attorneys need to speak. The real estate agent isn't in a position to negotiate. Just like your inspection list and requests are legal matters. The agent is a facilitator.

That said every home I ever bought we painted walls and changed carpets. People live in the home and carpets do get stained plus dog hair and other dust collects under them. It's not hgtv or a new home. As to walls same thing they get damaged.

I never saw a concession over these items nor felt to ask. But again, if important to you have your attorney call the sellers attorney. If they need to sell they may make a concession. If not then you may need to decide if this is the home for you.
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Frullen-6np3
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PostPosted: Wed, May 24 2017, 10:04 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

Thank you for the comments. We're learning a great deal. Lesson one -
be cautious of a dual agent. The carpet was something we expected to handle, but the spackling and the paint was a surprise today - it is far worse than our last visit to the home. A definite change for the worse, which has left us with an issue we weren't expecting. I'm with you, I've never left a home in this condition, but we are learning. We hope to move into the area - it's so lovely - but you're right, maybe this isn't the home for us after all.
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Frullen-6np3
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PostPosted: Wed, May 24 2017, 10:28 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

jewel6634-686s wrote:
Wow,

I hope they take care of this for you!!!


Thanks. We hope so too. The realtor told us we could just fix it before we move in, and the manager told us to get a quote to fix it from a contractor. Then he told us to go through the lawyers, which we had already done via email. It's been a confusing road to say the least. We just can't understand why the seller did this "home job fix" that made the walls look so much worse. If he had left them as they were when we last visited the home, we would have had a far smaller issue.
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help112-617n
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PostPosted: Thu, May 25 2017, 9:17 am EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

no question, this should be or should have been handled by your attorney. your issue sounds like a walk thru issue that should have been easily handled with a negotiated repair credit. Cranbury is a lovely town, and the realtor's advice appears sound. So, hopefully the next one goes better for you.
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anon-88r5
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PostPosted: Thu, May 25 2017, 12:00 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

Frullen-6np3 wrote:
jewel6634-686s wrote:
Wow,

I hope they take care of this for you!!!


Thanks. We hope so too. The realtor told us we could just fix it before we move in, and the manager told us to get a quote to fix it from a contractor. Then he told us to go through the lawyers, which we had already done via email. It's been a confusing road to say the least. We just can't understand why the seller did this "home job fix" that made the walls look so much worse. If he had left them as they were when we last visited the home, we would have had a far smaller issue.


The only way to get a credit (if the seller even agrees) is to have a qualified contractor put a number. Which is what your agent told you to do. Then the attorneys talk and discuss if this is something the sellers will agree to do.

I can tell you though that this is a cosmetic issue and in buying and selling a number of homes I have never seen anyone willing to give a credit for cosmetic issues unless the home had sat or the credit requested was low. Nor have I seen anyone ask me for credit for painting or rugs.

A 5k request is high number that the seller may not agree too. If they decline and have another buyer interested they can cancel the contract if you're saying the credit is contingent on a sale.

Painting is easy so perhaps you don't hire someone, but paint yourself when you move in. In terms of rugs, stains are part of living in a home. My last home we tore up every rug after moving in.

It sounds like maybe you're better suited for a new home where everything is perfect and if not then you have a punch list to provide to a builder to fix. This way you get what you want and expect.
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anon-500r
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PostPosted: Thu, May 25 2017, 1:37 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-s6p5 wrote:
I would agree this is a lawyer issue. If you feel this is an issue akin to the inspection issues then the attorneys need to speak. The real estate agent isn't in a position to negotiate. Just like your inspection list and requests are legal matters. The agent is a facilitator.



It would be stupid that the "dual agent" not try to help resolve the issue at this stage when you can pocket 5 to 6% commission or end up nothing.
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anon-88r5
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PostPosted: Thu, May 25 2017, 1:45 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-500r wrote:
anon-s6p5 wrote:
I would agree this is a lawyer issue. If you feel this is an issue akin to the inspection issues then the attorneys need to speak. The real estate agent isn't in a position to negotiate. Just like your inspection list and requests are legal matters. The agent is a facilitator.



It would be stupid that the "dual agent" not try to help resolve the issue at this stage when you can pocket 5 to 6% commission or end up nothing.


The agent is stuck. They represent a seller who would lose 5K and a buyer who wants the work done.

True, but the individual agent is not getting the full commission and they are stuck with two parties. The attorneys are the ones who need to speak.

This is also why I never ever do dual agents. Even when they are doing things right like directing to a contractor and lawyer, they can't stop an individual from perceiving that they may represent one person more than another.
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anon-6np3
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PostPosted: Thu, May 25 2017, 2:36 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-500r wrote:
anon-s6p5 wrote:
I would agree this is a lawyer issue. If you feel this is an issue akin to the inspection issues then the attorneys need to speak. The real estate agent isn't in a position to negotiate. Just like your inspection list and requests are legal matters. The agent is a facilitator.



It would be stupid that the "dual agent" not try to help resolve the issue at this stage when you can pocket 5 to 6% commission or end up nothing.


Thank you for the comment. We are hoping for resolution, and we have definitely learned a lesson about using a dual agent. It has been a challenge for us to get the advice we needed. She basically told us that she couldn't advise us because of her position. Lesson learned for sure!
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anon-6np3
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PostPosted: Thu, May 25 2017, 2:45 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-88r5 wrote:
Frullen-6np3 wrote:
jewel6634-686s wrote:
Wow,

I hope they take care of this for you!!!


Thanks. We hope so too. The realtor told us we could just fix it before we move in, and the manager told us to get a quote to fix it from a contractor. Then he told us to go through the lawyers, which we had already done via email. It's been a confusing road to say the least. We just can't understand why the seller did this "home job fix" that made the walls look so much worse. If he had left them as they were when we last visited the home, we would have had a far smaller issue.


The only way to get a credit (if the seller even agrees) is to have a qualified contractor put a number. Which is what your agent told you to do. Then the attorneys talk and discuss if this is something the sellers will agree to do.

I can tell you though that this is a cosmetic issue and in buying and selling a number of homes I have never seen anyone willing to give a credit for cosmetic issues unless the home had sat or the credit requested was low. Nor have I seen anyone ask me for credit for painting or rugs.

A 5k request is high number that the seller may not agree too. If they decline and have another buyer interested they can cancel the contract if you're saying the credit is contingent on a sale.

Painting is easy so perhaps you don't hire someone, but paint yourself when you move in. In terms of rugs, stains are part of living in a home. My last home we tore up every rug after moving in.

It sounds like maybe you're better suited for a new home where everything is perfect and if not then you have a punch list to provide to a builder to fix. This way you get what you want and expect.


Thank you for your comment. Normally, we would agree with you that painting is not difficult to handle, but the patch jobs the seller did are quite a mess and in each room. I love to paint, but I'm definitely not capable of fixing spackling errors as large as these. If the contract is cancelled, we are ok with that. We just don't want to buy a mess that we didn't know about, and one we weren't prepared to handle. Finding this out on our way to the closing was just disheartening.
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anon-6np3
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PostPosted: Thu, May 25 2017, 2:49 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-88r5 wrote:
anon-500r wrote:
anon-s6p5 wrote:
I would agree this is a lawyer issue. If you feel this is an issue akin to the inspection issues then the attorneys need to speak. The real estate agent isn't in a position to negotiate. Just like your inspection list and requests are legal matters. The agent is a facilitator.



It would be stupid that the "dual agent" not try to help resolve the issue at this stage when you can pocket 5 to 6% commission or end up nothing.


The agent is stuck. They represent a seller who would lose 5K and a buyer who wants the work done.


True, but the individual agent is not getting the full commission and they are stuck with two parties. The attorneys are the ones who need to speak.

This is also why I never ever do dual agents. Even when they are doing things right like directing to a contractor and lawyer, they can't stop an individual from perceiving that they may represent one person more than another.


Thank you for your comment. You are absolutely correct. The "dual agent" aspect of buying a home seems unfair, and I wish we had known this beforehand. We actually thought it would be a more fluid exchange with a dual agent, but I can say with clarity - we regret it immensely.
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Jill324-2933
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PostPosted: Thu, May 25 2017, 3:23 pm EDT    Post subject: Re: Callaway Henderson Sothebys Reply with quote

I'm sorry you are dealing with your issues at this point of the process. I have been a realtor for many years and you definitely have a leg to stand on if the condition of the house is worse now than it was when you made the offer. It certainly sounds like this is the case and I wish you luck.
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anon-6696
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PostPosted: Thu, May 25 2017, 8:52 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

So to be clear, subsequent to going into contract the seller did additional patching and paint work but did an amateur job so now it looks bad? Why did they do anything at all? Was there some previously identified defect that was discussed that they agreed to fix either from the original sale contract or the subsequent post-inspection negotiation? Or did they have custom installations on the walls they were trying to remove and correct? Normally wear and tear on walls would not be something the seller has to correct, so it sounds like there was something in particular that was identified and agreed to that prompted the work? And it must has been extensive and throughout the house if the correction now required $5K to correct.
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anon-6np3
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PostPosted: Thu, May 25 2017, 9:30 pm EDT    Post subject: Re: Coldwell Henderson Sothebys Reply with quote

anon-6696 wrote:
So to be clear, subsequent to going into contract the seller did additional patching and paint work but did an amateur job so now it looks bad? Why did they do anything at all? Was there some previously identified defect that was discussed that they agreed to fix either from the original sale contract or the subsequent post-inspection negotiation? Or did they have custom installations on the walls they were trying to remove and correct? Normally wear and tear on walls would not be something the seller has to correct, so it sounds like there was something in particular that was identified and agreed to that prompted the work? And it must has been extensive and throughout the house if the correction now required $5K to correct.


His mounted items and sound system, pics, etc. All things he had hanging on the wall were removed and spackled over, but not smoothed out, so the wall either has lumps or big swirls. He then painted over the swirls with paint that doesn't match the other paint, so there are areas on almost all walls that don't match. I have no idea why he would do this after the inspection and just prior to walk-through, but he did. The estimate is from a contractor to fix the walls. Certainly not what we expected, and certainly not normal wear and tear. but we also don't want to move into a house that has crazy wall color splotches and lumps. Not to mention, the carpet about 5 or 6 pizza size stains on it, in just one room.
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