Disgusting condition on closing

[TyG]

We closed on a property today that inside was absolutely disgusting (cat feces everywhere, tons of food in the cupboards, garbage everywhere, and ~ 5 truck loads of furniture, garbage etc).

This is not a foreclosure or a "as is where is" type situation, it was a standard listing.

Looking for thoughts and opinions on recourse. I would like to pay cleaners to get this place suitable for skilled trades to be able to work as well as pay to have a bin delivered for the waste. All of which I fully intend to bill the seller for.

Anyone have experience with this?

 

[JerryCharlton]

Cost of doing business - going after someone is not worth the aggravation - clean it up & move on.....
Next time write into the terms - Buyer allowed two walkthroughs within one week of possession date.

 

[Matt Crowley]

^ Sounds like a Realtor's response. Sounds like what my Realtor told me when it happened to me as well. (Not quite as bad in my case)

Talk to your Realtor. Tell them it is totally outrageous and that you plan to sue. You should demand that your Realtor contact the vendor's broker and discuss the disgusting conditions. My Realtor ended up giving me a thousand bucks from his commission and I just walked away.

Don't let lazy Realtors dictate what happens. If it is even two thousand dollars of damage, I would definitely sue over something like this. I would have a very serious discussion with my Realtor and say that if something is not done immediately I will be contacting the Realtor's board and starting a code of conduct complaint. Realtors have insurance and they need to have slightly more responsibility that just watching the signatures appear on the contract.

 

[kfort]

Agree w Matt. I had one like this. My realtor actually insisted that we demand cleaning & disposal fees from the seller. It was as simple as documenting, realtor making a phone call, realtor booking a reputable cleaner & garbage hauler...

And if a few things like old urin stained carpets make their way into the pile, so be it.

Don't let lazy people cost you money. I'm surprised your realtor didn't suggest this already (or maybe he/she did?)!

 

[Thomas Beyer]

What does your contract state specifically ?

While it is expected that house is empty and clean you can't force it nor can you force a price reduction nor can you not close.

Ideally you have a clause that allows reasonable holdbacks based on work estimates after a walk through. But, if you do not have clause that then you have only three options now:

A) do nothing

B) have your lawyer send a letter to seller's lawyer stating that his client is in breach of clause XYZ and that $8000 for cleaning, repair, furniture removal and odor elimination is owed by his client. That may cause client to pay but likely not.

C) go to small claims court which you can do yourself and will result in some payment most likely.

 

[TyG]

Thanks for the input as always! Our agents (Warren and Chelsea at Alberta on Fire) are great and made calls to the seller's agent to get the issue fixed. The seller wanted us to give them back access to the property so they could remove the garbage and clean, which we would never agree to in a million years given: a) it would expose us to huge liability in the event something happened during this time and b) if you can't remove cat feces from your kitchen cupboards before closing, you're not going to be capable after.

We decided to hire some friends and clean everything out of the house. We filled an entire bin 20 yard bin that we had originally rented for construction debris and as a team we spent 60 hours on removal of all of the animal waste, food, etc (Documenting with pictures for proof along the way). During garbage removal we also found a large foundation crack underneath the stairs that they knew about and did not disclose, as there was water all around the area (our inspector couldn't access the area due to all of the garbage they had jammed in there).

We will be taking the seller to court and suing for the damages and will be calling RECA about the seller's agent!

 

[Thomas Beyer]

I'd be careful about the agent. It is not his job to clean up the house, nor to be aware of hidden defects. What specifically did he ( or she ) do wrong ? If you have no proof you set yourself up for a counter suit and a defamation suit. What proof do you have ?

As stated earlier I'd start with a firm but polite letter from your lawyer to theirs, based on the work performed, with a $ figure and proof attached. Then, after a week or 2 of no response, send a much much harsher letter by lawyer with a 48 h deadline. Then escalate it to the court system only.

Which specific clause in the contract states " clean and tidy " ?

 

[kfort]

Very difficult to prove what clearly negligent / careless people "know". And when they knew. Not sure if it was other agent or the actual seller that footed the bill in my case. Didn't care, it wasn't me and wasn't gonna be. Wasn't my agent either. I'd say 50/50 that the seller stiffed the agent for it.

 

[scoopert2000]

Had that happen with a bank repo I bought. Lots of garbage left by tenants. Simply told the bank to knock 2 K off the price or clean it up that day as I had contractors coming the following day and would sue for any delay in closing. Took pictures and sent them off to my lawyer at 10 am. By 2 pm I had the keys and a cheque for 2 k. And the pleasure of putting it to a bank for once. Here in Nova Scoita the ppty needs to be in the condtion "As Viewed" on closing

Stewart Cooper

 

[TyG]

Hi Stewart,

Very funny you should say that...We moved to Edmonton from Dartmouth two years ago and had only ever had experience purchasing properties in Nova Scotia. We just figured it worked the same...lesson learned and time for small claims court

 

[Maxwell]

"our inspector couldn't access the area due to all of the garbage they had jammed in there". So...you were unable to get a complete inspection but then went through with the deal anyway? And you were aware it was full of garbage and now intend to sue because... it was full of garbage?

I'd appreciate if you f/u in this thread with the results from your court claim. Very curious as to what legal argument you will use and if it w as successful.