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Tidewater Talk

His A/C doesn't work...

By: Shelly Constantz
Thursday, August 02, 2007 5:40 PM

here is my story for my clients that don't want an inspection or the home warranty:

You remind me of our good client John.  He is a young sailor who wanted to buy his first home.  He didn't qualify for much in our area.  Less that 150k.  But if we worked hard, and negotiated hard, we could get him a nice condo.  Which is what he wanted.  We did work hard and we negotiated hard and we found him that condo that he loves!!

Fast forward to today.  John calls and says Ma'am, the air conditioner in my condo doesn't work, and in fact, has never worked.  Doesn't the last owner owe me a working a/c since it was advertised with air conditioning?

  I told him let me pull his contract so I can refresh my memory of our transaction that happened over 6 months ago.  Yes, he is calling me today to ask me about the a/c.  I look it up and call him back. 

John, I say, I can see where you waived getting an inspection.  Remember the conversation we had about getting an inspection and what it would cost you?  Yes, Maam.  But John, you decided that you wanted to save that money against my better judgement and advice, do you remember me telling you that it was well worth your money to have one?  Yes maam.  But you decided not to.  So, no one knew that the a/c wasn't working in the middle of winter.  I certainly didn't.  I am not an a/c person, nor am I an inspector. 

But the owner should owe me.  No, john, remember that disclaimer that you signed?  Remember how I went over that with you, and said the owner is telling you that he is making NO representations as to the status of anything in the home and you have the right to inspect.  I even told you that we are in a Caveat Emptor state... Buyer Beware.  Remember when I told you that?  Yes Ma'am, I remember those words.  Great.  That is also when we discussed having an inspector and you waived that right.  It is right here on the contract with your signature.  yes ma'am.

 Now, on to the home warranty.  Remember how we talked about getting a home warranty and what it would cover?  Yes Ma'am.  Well you asked the seller to pay your Closing Costs, including the home warranty, up to XXXX dollars.  You have that in your contract, right?  Yes ma'am.  But when it came time to close, your Closing Costs plus  the home warranty would have cost you about $200.  So,  you choose to waive the home warranty to save that money.  Remember that?  Yes ma'am.  You decided to save your money because those Home Warranties are "scams".  Do you remember telling me that?  Yes, ma'am.

John says to me, but isn't it a scam that the owner won't give me air conditioning now since that machine was so old?  No.  You negotiated a very good price on a home, with some very good closing costs as well.  You opted to save a few hundred dollars.  You now own the home along with any home repairs that need to be made.  You are not a rentor anymore.  You are a home buyer that is responsible for your own home.  And you also get the appreciation for that home.

I couldn't have been more forceful about the inspection and home warranty, but John was making the decisions.  I didn't like his decisions and let him know, but I can't save everyone.  I still know that he got a VERY good price on a Very nice condo.  And I know we looked out for him.  And I do wish he would have taken our advice.

Now, Mr. and Mrs. Home Buyer, are you sure you wouldn't like that inspection and/or home warranty?

How could I reconstruct all of that after 6 months?  I have all the disclosures and disclaimers signed, including waiving the insurance and the home inspection.  I also use scripts.  Every home buyer and every home seller gets a version of the script.  I even tell them, you may not want to hear this, but I am going to say it anyway, so no one can tell me later they didn't know.  Are you alright with that?  I also keep notes and log's of conversations.  Could you reconstruct this scenario for your clients?  Are your keeping the records?  And feel free to use this story for your next buyers.... John is having to buy a new A/C today....i hate that he is having to do that, but it is reality.  By the way, John is a good guy and still loves his condo.  He couldn't be happier with his decision to purchase he told me before hanging up.  He just wishes it has A/C!!!

Shelly

 

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Comments

Team Stevens
Member Since '03

Team Stevens said:

Welcome to home ownership John.

You tried.  I just got a contract for an investment home we listed.  Wavier for the inspection.  Asked the buyers agent why and he said he did not want to pay the money.  Why would you buy a home fr the sole intention of flipping it yet waive the inspection???  Seems to me like you would want to footprint or game plan for the coming repairs.

August 2, 2007 1:30 PM
Craig Barrett
Member Since '07

Craig Barrett said:

I feel bad for John, but it sounds like he's doing all right. I keep records to a point I know I could read it back to anyone like a book. This is a good story. Thanks for sharing it and letting us use it for our clients.

August 2, 2007 1:41 PM
Cathy  Clark
Member Since '06

Cathy Clark said:

Shelly,  Great story!

I have a question, though, would a home inspector test an a/c wall unit?  I don't think the ones here do.  I also don't think a wall unit is included in a home warranty.  If it were central a/c, yes, included in the inspection and warranty.

We have to view it like the washer and dryer: conveyed without warranty.

Is it different in other states?

August 2, 2007 2:29 PM
Mike Gallagher
Member Since '06

Mike Gallagher said:

Why would you buy a home fr the sole intention of flipping it yet waive the inspection???  

Christine, I rarely pay for a home inspection on a property I plan to flip. I'll be fixing whatever is wrong with it anyway, and if I think it'll take more than I want to spend, I won't make the offer in the first place. For a house a plan to live it, I make sure to have an inspection - and I always recommend it to my clients, whatever their purpose for buying - but I don't see the sense in paying several hundreds dollars for a list of items I figured would need to work on anyway. Then again, I'm used to looking at houses by now, and although I sometimes miss things, I can get a pretty good idea of what needs doing just from giving the house a good look. I've worked with investors doing the same thing. In my experience, investors often waive the inspections, simply because they know they'll have to renovate most anything anyway.

August 2, 2007 2:38 PM
Howard Arnoff
Member Since '03

Howard Arnoff said:

Shelly, a well told tale. While you have to feel sorry for John, you did everything you could to represent his best interests. He chose to ignore your professional advice. And an excellent lesson for all regarding paperwork, crossing our t's and dotting our i's.

But I have just one question. It has likely been in the 90's for months in Virginia Beach and he's just now worried about the air conditioning. What has he been doing?

August 2, 2007 2:50 PM
Mary Welch
Member Since '04

Mary Welch said:

Wow, I hate it when that happens. You did all you could. Hallmark surely has a card that says "I'm sorry, but I told you so." lol. It's just rough. Six months later?

August 2, 2007 3:01 PM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

Go Shelly! I have a couple good 'John' stories to add:

My number crunching investor determined that the amount of money spent on maintenance in calendar year 2003 did not exceed the amount for a home warranty on each of the three units. She closed in May. I told her that when her tenants call her in August that the ACs are out, she will be sorry she did not cough up the 900 bucks.

She called in August, do I know the local AC guy because two of her units' compressors are out. Repair cost 2000. Would have cost 90 bucks with the warranty.

Another buyer got a ranch house on 8 acres. The owner had originally owned the property next door as well, with his wife. Divorced her but she still lived next door.

Between the two properties, an Artesian well. He represented that the well was 100% his and per the contract, deeded 100% ownership to the new buyer.

I told buyer, GET A SURVEY. That well is on the property line. He says the holding tank (moveable) is the only thing on the ex's side of the property line. I DON'T BELIEVE HIM. GET A SURVEY.

Buyer says, "I don't wanna spend 1500 for a boundary survey on just one line" I told him that well is worth 40k, get a survey get a survey get a survey. He refused; signed off on it.

18 months later, ex wife gets survey on the line, the entire well is on her side. She fences in his well. The previous owner lives in the Philippines now. How convenient.

August 2, 2007 3:06 PM
Candice A Donofrio
Member Since '07

Candice A Donofrio said:

Cathy, many warranty companies will include wall AC with 'upgraded' policies. I have Fidelity and my wall AC and evap in my garage both covered.

August 2, 2007 3:07 PM
Shelly  Constantz
Member Since '07

Shelly Constantz said:

Catz, it is central A/C...  so big bucks.  

Howard, that really was my first question.  It is August. We have had a heat wave for the last 2.5 months, temps  over 90, stifling hot, and you just now calling me about this?  How have you been living there?

Craig, I feel bad for him as well.  Good guy.  Working hard.  Trying to make a go of it.  but I tried, I really, really tried.  you know the story, you can lead a horse to water but you can't make them drink.

August 2, 2007 3:31 PM
Cathy  Clark
Member Since '06

Cathy Clark said:

Yep, big bucks!  Had the same sitch on a short sale.  Buyer waived the home inspection.  It would have shown up at the time, but he still got a great deal on the house and the hvac replacement was, relatively speaking, inconsequential, compared to what he saved on the purchase price.

August 2, 2007 3:37 PM
Jana Davis & Virginia Houghton
Member Since '05

Jana Davis & Virginia Houghton said:

We just found our scammed clients a new home and opened escrow today.  Our inspection is set for Sunday morning.  (20 day escrow got to hurry) and our client says why should I get another inspection, it didn't do me any good on the last house!  First of all the last house was a short sale and "as is".  But I did a little educating.  The seller is selling the house with no warranty.  The inspection will let you know what needs repairs now, and in the future.  Wouldn't you rather know what is wrong and what might need replacing in the near future before you buy this house?  Or would you rather find out later when it is too late to back out or see if we can't negotiate?  I also tell them according to our contact the seller does not have to repair anything and can say no if we give them a laundry list of repairs.  So their choice will be take it our leave it.  Better to prepare them then to have angry buyers and sellers because someone doesn't understand.

By the way for those of you who read my Short Sale Fraud blog.  We found a bigger, better house, in a better neighborhood for the same price.  They are getting a great deal!  Soon happy ending!  

Jana

August 2, 2007 11:18 PM
Shelly  Constantz
Member Since '07

Shelly Constantz said:

You're a pro Jana!!  Good for your clients.  

August 3, 2007 5:20 AM

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Shelly Constantz
Virginia Beach

Shelly  Constantz
Member Since '07

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