The Ever Project

The Hardest Homebuying Experience Ever

1 - I can do better 2 - Jury's out 3 - Pretty darn good 4 - Splendiferous 5 - Awesometastic (by 2 people)   Your rating: 1 - I can do better 2 - Jury's out 3 - Pretty darn good 4 - Splendiferous 5 - Awesometastic

A First-Time Homebuyer's Odyssey

It seemed so simple. The market was down, my rent was climbing: why keep pouring money down the drain? Thanks to a good agent, Josef Szigeti, I'd found a condo that felt like home. There was a beautiful park right outside, it was nestled in a neighborly and safe cul-de-sac, it had easy-clean laminate floors (good for my allergies), tons of storage space, an enclosed patio, and several other items on my wish list.

There were just two question marks. Why did the listing say in all caps that the seller, one Monica McWilliams, was EAGER to sell and very willing to negotiate? Why had it been on the market for over 200 days?

Well, it was almost thirty years old, so I guessed it might be showing signs of age. All I needed to do was make sure there weren't major structural problems, identify what needed fixing, and get a good price so I'd have money left over for repairs. The seller was eager to negotiate, so no problem, right?

At least, that was the plan.

Photo Credit: Natalie Johnson. Some rights reserved.

I Thought "For Sale" Meant You Wanted to Sell It! 

Oh, the arcane rituals of homebuying!

The seller's agent insisted on a particular escrow company. I didn't know why Josef was uneasy about it until the escrow officer called me saying she couldn't find records they'd received my $15,000 earnest money. I had to fax, email, and finally print out my bank records and drive there to present her with my bank's photo of the cashed check with their cancellation mark. Maybe they should switch to my bank; she said theirs couldn't provide confirmation of the transaction for ten days.

On the heels of that snafu, the escrow company couldn't get me the CC&Rs or Homeowners Association rules to me before the initial 17-day "commit or quit" deadline. Those were the seller's responsibility, as spelled out in our purchase agreement (and state law), yet Monica's agent sent me a "notice to perform" before the deadline, while I was waiting on her to perform. So I had to send a "notice to perform" back at them. Finally, I drove to the escrow company again to pick up the CC&Rs and HOAs they weren't sending me.

Next, Josef received reams of forms completely out of order: the "commit or quit" paperwork. One of the releases I had to sign was a confirmation that I'd seen the pest report. Josef called them to remind them I hadn't gotten it yet.

My plan to go into this sale well-informed about what I was buying seemed to be hitting a few snags.

I won't narrate every twist and turn of my Adventures in Escrow, but two other items that Monica failed to disclose were a cracked drywall (painted over) and the presence of a second resident, her chain-smoking boyfriend. Her agent forwarded an effusive email saying Monica was FURIOUS with him, that her boyfriend was NEVER allowed to smoke inside the house! Yeah, right. Now, about that slab repair..?

I finally got the repairs records Monica had promised in our purchase agreement by going around her to the Homeowners Association, lifted that contingency and wired my money to escrow.

What? I actually stuck to my part of the contract, despite her failing to meet hers? Evidently Monica hadn't planned for this contingency! Once my money was locked up in escrow, the escrow officer called saying Monica wasn't going to be able to close.

Recommended Links for Homebuyers 

Better Safe Than Sorry

#1

Tips for First-Time Home Buyers - How to Buy Your First Home

About.com's extensive homebuying section by Elizabeth Weintraub is exceptionally helpful... assuming you take her advice and don't let things slide!1 point

#2

How to Inspect a Home

How to Inspect a Home Before Buying. A home is one of the most important purchases you can make, so don't be sucked in by a fresh coat of paint and ni...0 points

And You Sent ME a Notice to Perform?! 

She was $30,000 short. They'd known this might happen two weeks before, but waited until my money was stuck in escrow to say anything.

Now, I'd known Monica was in some financial trouble: I'd added up her debts disclosed by the preliminary title report and calculated she'd only have a little profit left after the sale -- not great, but at least I'd be saving her from foreclosure! I'd forgotten to factor in her closing costs (first-time homebuyer, remember?)

So she defaulted. Ironic, since I'd had to submit financial statements to her agent proving I would be able to close!

To stop the sale from falling through, the realtors docked their commissions, the banks forgave Monica some of her debts, her grandparents loaned her some money -- my father even loaned her $2400, which she then asked for as a gift -- and we closed four days late.

While haggling over the purchase offer, Monica had asked for three days past close of escrow to move out. I'd agreed, since Josef said that was typical. But she'd said nothing about her chain-smoking boyfriend, and I said he needed to go. It was my house, now, right?

In title only, apparently.

Poll: My Stupidest Homebuying Mistake 

Being well-educated isn't the same thing as being smart.

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"SOLD!" (But I'm Still Not Giving It To You) 

Three days after (postponed) close of escrow, Monica's agent called Josef saying she "wanted to stay." I said sorry, no. She asked to pay rent. I still said no -- I needed to get started with repairs, and taking her as a tenant would open a giant legal can of worms.

Monica kept promising to move out on X day, then moving the date forward. Meanwhile, her agent kept refusing to turn over the keys.

Time to get help from law enforcement. The police said I needed to ask the Orange County Sheriffs to help with eviction, the sheriff's office said trespass was a matter for the police, and I spent my birthday going back and forth between them beating on bureaucracy. Two California attorneys said I'd have to initiate a month-long eviction process as if I were a landlord, giving my "tenant" time to appeal.

Incidentally, my former mentor had passed away on my birthday. That put my homebuying woes in perspective, but the one impacted the other: I wanted to fly back east for the funeral, but I was stuck waiting for Monica.

Finally, I'd had it. I had Josef deliver a letter informing Monica that she was trespassing, and I'd be starting civil proceedings if she wasn't out before my appointment with my attorney the next day.

Photos of my Trashed New Home 

At last, she and her boyfriend moved out, a day after her latest broken promise. I found myself walking into my new home about the same time as the funeral.

Josef removed the Carl's Jr. bag full of cigarette butts placed at the top of the stairs, but here's a few other glimpses of what greeted me:

home trashed by sellers home trashed by Monica McWilliams

The cup on the mantlepiece was from a Vegas Casino, as were many of the soaps and lotions in the basket by the door; others were from pricey hotels all the way to Canada.

Trashed kitchen of almost-foreclosed home trashed garage of sold home

Half-eaten food and drinks everywhere, contents of fridge dumped into municipal trash can (raw eggs at bottom), contents of catboxes dumped into recycling trash can.

removing smoking stains Smokers House for Sale

Nope, no smoking allowed in the house. None at all. (That's a butt in the toilet).

And if I had any last pangs of sympathy for this feckless person who'd burned through her equity and was facing foreclosure, they were quashed when I learned that Monica took all of her cats with her, but left her mother's cat (she'd inherited both condo and cat) behind. The neighbors and I are going to look after the poor beastie, though my cat may have something to say about letting it in the house.

Ways to Recognize a Smokers' Home 

Many realty websites teach smoking sellers how to hide the odor. Here's some warning signs to look for.
  1. Windows/sliding doors open to let in a breeze.
  2. Candles, odor eliminators, and/or potpourri set out to mask other scents.
  3. Yellow/brown stains around perimeter of popcorn ceilings, under edges of pictures, inside air vents.
  4. Fresh coats of paints could be masking anything.
  5. Stale-smelling closets: smokers' clothes hold the scent.
  6. Sniff the carpets. They do too.
  7. Sniff the cabinet under the kitchen sink, or wherever the trash is. Mine smelled like an ash tray.
  8. Pet doors are yellowed from the tar in the pets' fur. (Poor critters!)
  9. People forget to clean garages. Brown fingerprints around the light switch on the wall are easy to spot.
  10. Check the wall behind a TV or shift a computer tower slightly to check under it. They tend to attract a ring of soot particles.

Removing Cigarette Odor 

#1

How To Remove Cigarette Odor | How To Do Things.com

A good list of cigarette-odor remedies.0 points

Share Your Homebuying Horror Stories 

Apart from the tobacco odor problems, which will take some work, all the repairs recommended by my inspector were easy fixes; there's just a lot to do. By the time I'm done, I'll have new carpets, ceilings, AC, heater, air ducts, and even a water heater, since it gave up the ghost a week after Monica left. The money Josef saved me by negotiating a good price can be sunk into repairs. He found me an excellent contractor, too.

So this horror story has a happy ending.

So, how about you folks? Have you any anecdotes or advice to share so that other homebuyers can avoid the hassles we faced?

Greekgeek wrote...

Marelisa -- very true. When the seller defaulted, my father and I went over the Title Insurance policy with a fine-toothed comb and consulted the title company officer to make absolutely sure I was protected if she turned out to have more debts that the company hadn't turned up. But I failed to anticipate her refusing to leave after the sale closed. Title Insurance wouldn't help much there, except in the courts.

ReplyPosted April 20, 2008

Marelisa wrote...

When you're dealing with people in financial trouble things are bound to get rocky. Stories like these are the reason a lot of people buy Title Insurance. I'm glad things worked out for you in the end.

ReplyPosted April 20, 2008

Susan52 wrote...

Glad you finally have your house. I hope all the damage is superficial and after your planned renovations you'll be good to go. It looks like a beautiful place! My advice based on our past experience, buying from a divorcing couple is good news/bad news. The price was certainly right, but the emotional impact on the couple threatened our deal. In the end, we had trash and dirt in the house, too, but the seller's realtor happily hired a cleaning crew for us (she wasn't crazy about this crazy couple either) and we still love the house 17 years later.

ReplyPosted April 20, 2008