In many real estate sale contract, the buyer can built in a certain % of
repair limit and require the seller to fix problems.

Usually the contract will state that it includes things not in working
conditions. Meaning AC not working, or roof leaks etc...

It is pretty obvious a nail hole or a peeling wall paper is not included.

What about a wood deck where 1/3 of it "caved" into the ground? It is a low
spot seems all the water is directed there. Don't know if it is a sink hole
or not being in Miami Florida. Is this also considered a "cosmetic" defect?
The agent seem to think so. I am not so sure. The wood deck is definitely
"NOT in working condition" but is the wood deck part of the "structure"?

Also if I buy this property and decide to fix this, can I call my home
owner's insurance to fix this, or am I stucked with this since it was a
"pre-existing" condition when I bought the property?

Thanks in advance,

O

What about a wood deck where 1/3 of it "caved" into the ground?

Simply write a stipulation in the contract that the deck must first be
repaired.

Also if I buy this property and decide to fix this, can I call my home
owner's insurance to fix this, or am I stucked with this since it was
a "pre-existing" condition when I bought the property?

If it happened to the previous owners as a single incident (tree falling on
it for example), *they* may have a claim. You wouldn't.

In article ,
says...


What about a wood deck where 1/3 of it "caved" into the ground? It is a low
spot seems all the water is directed there. Don't know if it is a sink hole
or not being in Miami Florida. Is this also considered a "cosmetic" defect?
The agent seem to think so. I am not so sure. The wood deck is definitely
"NOT in working condition" but is the wood deck part of the "structure"?

Also if I buy this property and decide to fix this, can I call my home
owner's insurance to fix this, or am I stucked with this since it was a
"pre-existing" condition when I bought the property?

If the damage is readily visible, you'd better check with your insurance
agent before buying the house -- your insurance company might decline to
insure it if they think the deck presents an unreasonable risk of either
liability or property damage claims.

--
is Joshua Putnam
http://www.phred.org/~josh/
Books for Bicycle Mechanics and Tinkerers:
http://www.phred.org/~josh/bike/bikebooks.html

orangetrader wrote:
In many real estate sale contract, the buyer can built in a certain %
of repair limit and require the seller to fix problems.

Usually the contract will state that it includes things not in working
conditions. Meaning AC not working, or roof leaks etc...

It is pretty obvious a nail hole or a peeling wall paper is not
included.

What about a wood deck where 1/3 of it "caved" into the ground? It
is a low spot seems all the water is directed there. Don't know if
it is a sink hole or not being in Miami Florida.

I would not consider the home, until I had a definitive answer about
that. You may find your kitchen sinking into the hole a couple of years
after you buy it. I had a neighbor with just such a problem. It turned out
that the home was built over a private dump. After the deck, came the
kitchen to the point the ice maker leaked because the frig was not level.

Is this also
considered a "cosmetic" defect? The agent seem to think so. I am not
so sure. The wood deck is definitely "NOT in working condition" but
is the wood deck part of the "structure"?

Also if I buy this property and decide to fix this, can I call my home
owner's insurance to fix this, or am I stucked with this since it was
a "pre-existing" condition when I bought the property?

Thanks in advance,

O

--
Joseph Meehan

26 + 6 = 1 It's Irish Math

It is a structural defect not cosmetic, no the insurance co does not
pay for maintenance, they never did.

Get bids on all repairs yourself and the soil if you are worried about a
sink hole or bad soil. You would be better off repairing it and deduct
it from the price plus a bit extra. Then you will know the repair was
done right not just a hack job. It could be as logical as untreated
wood rotted or as complex as a sink hole . Get some pros out nobody
here can come by today.

I totally agree with this idea, repair it yourself,
if you ask them to fix it they will do it in the cheapest way possible.
right in an allowance into you sale contract and get it done right!


"m Ransley" wrote in message
...
It is a structural defect not cosmetic, no the insurance co does not
pay for maintenance, they never did.

Get bids on all repairs yourself and the soil if you are worried about a
sink hole or bad soil. You would be better off repairing it and deduct
it from the price plus a bit extra. Then you will know the repair was
done right not just a hack job. It could be as logical as untreated
wood rotted or as complex as a sink hole . Get some pros out nobody
here can come by today.

"orangetrader" wrote in message
news
In many real estate sale contract, the buyer can built in a certain % of
repair limit and require the seller to fix problems.

Usually the contract will state that it includes things not in working
conditions. Meaning AC not working, or roof leaks etc...

It is pretty obvious a nail hole or a peeling wall paper is not included.

What about a wood deck where 1/3 of it "caved" into the ground? It is a
low
spot seems all the water is directed there. Don't know if it is a sink
hole
or not being in Miami Florida. Is this also considered a "cosmetic"
defect?
The agent seem to think so. I am not so sure. The wood deck is
definitely
"NOT in working condition" but is the wood deck part of the "structure"?

The contract only has to mention things that are not reasonably obvious to
the buyer. A collapsing deck probably is is pretty obvious.
You are free to require them to fix it as part of your purchase offer. They
may have presumed a buyer would do so, and have priced the house
accordingly. Only one way to find out.

Also if I buy this property and decide to fix this, can I call my home
owner's insurance to fix this, or am I stucked with this since it was a
"pre-existing" condition when I bought the property?

Insurance may or may not cover a deck falling into a sinkhole, but it will
certainly not cover a deck that had done so prior to your purchase.

Thanks in advance,

O