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Home inspection dilemma - missing gutters
From: (Jon)
Hi,
I'm wondering if anyone has any experience negotiating gutter
repairs/replacement in the purchase of a home. Here's my situation:
I am a first time homebuyer and recently I had the home inspected,
where--among other things--the inspector noted that rain gutters were
missing from the front of the house (curiously there are gutters in
the back). It was visually apparent from the discoloration of the
concrete foundation due to splashing, that the lack of gutters (and
poor yard grading) was causing rain water from the roof to puddle and
become trapped next to the house, which was causing minor water
seepage into the basement.
Based on the inspection results, I asked to the seller to perform a
number of tasks, including re-installing the gutters in front. The
seller has since responded and refuses to install the gutters, stating
simply that there weren't any front gutters when she purchased the
home 7 yrs ago. While that may be true, I feel that gutters are to be
considered a home necessity, rather than an optional item, so I still
feel that I am being reasonable in asking that they be installed.
I respectfully disagree.
What if you "felt" a red front door was a "necessity?" Could you insit the
homeowner re-paint the door?
Moreover, my point is this:
IF the house had come equipped with front gutters, but the inspector
found them to be in terrible shape or nonfunctional, I would have
obviously asked for them be replaced. To address this problem, I'm
assuming the seller cannot simply opt to take them down and leave the
house 'gutterless'. If this WERE to happen, I would have grounds to
exercise my Inspection Contingency Clause and walk away from the deal
with my deposit back, correct (or no)?
Correct, because you would have placed a deposit on the home which had front
gutters, and those gutters would be gone when you closed. That's not the case
here.
So to me, a house with non-working gutters is the same as a house with
no gutters, although legally I am wondering they are one in the same.
They're not the same, either "legally" or in "real life."
My concern is that if neither side were to budge, and I tried to walk
away from the deal on the basis of the missing gutters, that this may
not be sufficient grounds to reclaim my deposit. Does anyone know the
answer to this?
I'm no lawyer, but the front pond, the front waterfall, and the front 6' tall
slate wall are also "missing." You left a deposit anyway.
Should I hold firm in asking for new gutters, or is this wishful
thinking?
Any thoughts/advice would be greatly appreciated.
Thanks,
Jon
I think it's wishful thinking. Gutters are too cheap to hold up the sale of a
home.
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