Nails holes/smudges normal at walk-through?

[TKH]

We're selling our house, and the buyers are not very nice. They have made crazy demands and threatened to back out of the purchase agreement if we didn't agree to do as they ask. In this market, our hands are tied. So, as we pack, I see nail holes and some small smudges on the walls from frames etc. Are we responsible for covering those? There are less than 3 weeks between signing the purchase agreement and closing, and I'm going nuts with all of the things they want done while still packing ourselves. (These aren't major issues, dumb things like adding rock to landscaping, removing a cemented in basketball hoop and getting ALL of the cement out, power-washing the house, fireplace tune-ups, wash the porch ceiling, install a sump pump when we've never had water issues, and the list goes on...and on...) What types of things can hold up closing? Once the closing is over, are we done dealing with these people forever as long as everything has been disclosed to the best of our knowledge? As least we have learned how to *never* treat people. Thanks.

 

[Belle0101]

We're selling our house, and the buyers are not very nice. They have made crazy demands and threatened to back out of the purchase agreement if we didn't agree to do as they ask. In this market, our hands are tied. So, as we pack, I see nail holes and some small smudges on the walls from frames etc. Are we responsible for covering those? There are less than 3 weeks between signing the purchase agreement and closing, and I'm going nuts with all of the things they want done while still packing ourselves. (These aren't major issues, dumb things like adding rock to landscaping, removing a cemented in basketball hoop and getting ALL of the cement out, power-washing the house, fireplace tune-ups, wash the porch ceiling, install a sump pump when we've never had water issues, and the list goes on...and on...) What types of things can hold up closing? Once the closing is over, are we done dealing with these people forever as long as everything has been disclosed to the best of our knowledge? As least we have learned how to *never* treat people. Thanks.

Oh wow! It sure does seem like they are asking for a bit much.

As far as nail holes, I've always covered those when moving. It doesn't take much time, if that's all you're being asked to do. I used white toothpaste. It's cheap and easy. I'm not sure if that's reccomended still or not though.

The other stuff, all I could find via a quick Google search is that everything negotiated in the contract needs to be finished by the time of the final walk-through. So I would hazard a guess that if they asked for the bathroom to be painted pink and purple - a super crazy example - and it was only purple at walk-through then closing would be held up. Unless they agreed to waive it. Not sure. Can you ask your realtor?

Just another guess but I think if you disclosed everything to the best of your knowledge then once the papers are signed you are done with them. It seems to me they would have to be able to prove that you knowingly and / or maliciously kept information from them.

Good luck to you.

 

[clh2]

Are the buyers asking you this directly? Or are they asking their realtor, who is asking your realtor who is asking you. And - what did you agree to in the final agreement?

If they are contacting your directly - I would get your realtor involved. That is what you are paying them for - to deal with the 'crazies".

Good Luck... Take a deep breath - and just remember - this will be done soon!

 

[chris31997]

I would cover the nail holes and try to leave the house in move in condition if possible.

Once the papers are signed, than you are done with them. I think they can come back to you, if you did not do something that you said you would do. You are almost done, hang in there

 

[TKH]

Thanks. Yes, I will cover the holes on the white-ish walls, but the small holes on colored walls seem like they'd show up more if I attempted to fill them. The 'problem' is we have a dual-agency going on, our realtor is also their realtor. These people have been looking for a house for 2 years and have not been easy on the realtor. She wants to unload them, and as a result isn't exactly working in our best interest. She seems to want us to do whatever they ask so she can be rid of them. We have nothing to hide, it should be okay.
Oh, they are contacting us through the realtor. She passes along the latest requests, although they cannot request any more big things since the inspection contingency is over and the Purchase Agreement is signed and done. (Although we did deny their request that we 'please leave our kitchen table and all matching chairs' for them, which they tried to verbally add on this morning. Argh. They already added our bar stools to the PA earlier.)

 

[clh2]

Your realtor is supposed to be working for you.

And - at this point in the game - I would ONLY do what you specifically agreed to do in the contract. Nothing more, nothing less.

If the requests are coming in by the truckload - I would tell your realtor - who again IS WORKING FOR YOU - that you will not be fulfilling any more additional requests.

And...If it comes up - I would not let the buyers in for any reason, until the final walkthrough.

 

[SandrA9810]

Sounds like a nightmare.

My aunt went with the realtor selling the house. And she worked in the best interest of both parties. Everything was done within a couple of weeks. There was an allowance given on broken items (like the fireplace thing). But the owner also gave a one year warranty on the house. So if anything breaks within the first year, my aunt just calls them up and she pays $60 for them to come out and fix anything she needs. Came in handy a few times already.

I would be ready to throw the contract back in their face and tell the realtor to hit the road. Either s/he works in the best interest for both of you or not at all. I know it's hard to unload a house, but it's not a "crazies" buyer's market out there. Save your sanity, moving is hard enough.

 

[angwill]

I would be asking for her to find you a sellers agent or find the buyers a buyers agent so that you have a realtor working on your side. I have made the mistake in the past using the same realtor as a buyer that was also the sellers agent and won't do it again. If you don't want to do that then tell your agent you are done with their demands and not to call you for any other thing just tell the buyers no on everything.

Good luck we are selling now our self and know how stressfull it can be. It may be a buyers market but those people need to relax.

 

[dawson5]

I would be asking for her to find you a sellers agent or find the buyers a buyers agent so that you have a realtor working on your side. I have made the mistake in the past using the same realtor as a buyer that was also the sellers agent and won't do it again. If you don't want to do that then tell your agent you are done with their demands and not to call you for any other thing just tell the buyers no on everything.

Good luck we are selling now our self and know how stressfull it can be. It may be a buyers market but those people need to relax.

I agree whole-heartedly with this.

Also, someone on here who is a realtor or who works in an office could clarify, but if she is being a dual-agent, she is getting the commission both ways. If she is working more for them, than for you, maybe you could get her to cut her commission to help pay for some of the "little" things these people want.

We've sold three times now, never filled in holes. It was never asked, we never did and we never asked a seller to. Unless they think the pictures are being held up by bubble-gum, they have to know there are holes from the nails. Most of the time, painting will fill them in. (Unless you used the wall-anchors--which the people we bought this house from did and pulled one out leaving a huge four inch hole in the wall.)

 

[Local_Girl]

UGH...I really feel for you! We just bought our first house (been renting for years), signed a couple of weeks ago and are moving in now. We were so easy for the sellers...anything that came up on the inspection (and there were only a few minor issues), DH was willing to fix.

I can't believe these people are giving you a seemingly endless stream of demands. At this point, I would tell the realtor that if they want you guys out of the house on time as agreed, the demands need to stop. And what's with verbally adding on the furniture?? I know sometimes that's written into the contract initially (and then agreed on by both parties), but seriously, writing it in at the last minute?? Tell them you'll be needing your furniture in your new home! Sounds as though they are trying to take advantage of you guys big time. Sorry...hope it stops and you are able to move out and be done with them soon.

 

[Mom2Ben02]

I would not fill them in on colored walls, unless you have the paint available to touch up. I would think that would cause more problems with a crazy buyer. The touch up part won't match the rest of the wall, so they need to be repainted...

When we sold our house, we had nightmare buyers. They apparently wrote into the contract that they wanted the washer & dryer - the realtor did not point it out to us, and we did not notice before signing. They came for the walk-through, and asked where it was. It was on the POD - and, of course, was the first thing in! So my hubby had to unpack the whole thing to get them out - there was no way I was buying them a NEW set! Then, on closing day, they said we put hole in a closet door. It was there when WE moved in, and never bothered us. On final walk-through, they said the fridge and washing machine were disgusting, and needed to be cleaned. So, I had to go over there, wipe down the already cleaned fridge, and clean the fabric softener out of the washing machine cup.

 

[fakereadhed]

If you agreed on fix ups as part of your contract, you have to do that or it could be a breech. Likewise, if the buyers agreed to that and try to back out due to other things like nail holes, they would be in breech of the contract. Besides, at this late date they are planning on moving in and would really be nuts to jeapordize that over petty stuff. Most people like that just enjoy feeling like they are getting a better deal when the previous owners have to fix stuff at no cost to them. They actually want the house though. You aren't obligated to do anything over and above what was agreed on in writing.

 

[Marymom]

I think it would be courteous to fill and spackle the walls but not necessary. If you still have leftover paint, I would leave it so they can paint the white spots.

Our house was filthy when we did our final walk through. I heard from our realtor that she and the other agent had spent the evening before cleaning the oven and fridge so we wouldn't be too shocked. It was disheartening. I had spent hours and late nights making sure our rental had been spotless for the new renter. I will always request a move out clean in a contract from now on.

Good Luck, Mary

 

[tigergirl]

Bottom line is that I think your buyers felt like they need to 'win' all the time because everyone is willing to just dump and run in this economy.

We sold our house 2 months ago and had the same type of nightmare buyers that you have. He would send these 3 page long emails about how he specifically wanted the repairs to our house done. Our realtors weren't the same, but the buyers realtor was the broker in the office of our realtor (i.e, her boss).

After 1 month of ignoring these email demands, we finally put our foot down and said that we weren't doing anything else. We printed out a list of inspection report 'fixes' that we had agreed to do, and had everyone (even the realtors) sign a cover sheet stating that this is what we agreed to do and that it would be done. Period.

The realtors didn't want to lose the sale, and so agreed to cover the cost for an extra inspection to ensure that we had made those fixes (~$300). So, one option might be to have your realtor spend some of her commission to 'pacify' the other party, if they bring up the scuff marks.

Otherwise, I would just let it go to closing. If they say something then, you can offer some token amount of money to get through the sale. This is what we wound up having to do.

Just before close, when we were taking off the fathead murals from the kids' bedrooms, the paint came off along with the mural. We didn't want to repaint (not enough time), so on closing day, we just gave the buyers $150 in cash ($75 for each room). We know it wouldn't have cost that much to just repaint the walls ourselves, but it was worth it.

I would wait to see what they bring up during the final walkthrough and make your realtor help out.

 

[angwill]

I was just thinking about it. I wonder if listing the house with a couple thousand for improvements would have eliminated all the wants and requests? I know I would rather get a couple thousand at closing for paint and carpet etc so I could choose the colors and such rather than the sellers putting in what they wanted etc. Just a thought.

 

[dawnball]

We're heading toward closing on our house ourselves. According to our realtor (and in our state, NC) , once you take the nails out (or remove the curtain rods), the holes left behind have to be fixed in order not to count as damage. If you leave the nails/hooks in - they're fixtures. Leave the nails in the walls, especially since small holes are going to be less noticeable than spackled-over holes.

Dirt is less of a concern than holes, since the house usually only needs to be left "broom clean".

I'm very, very, very glad that we had the choice of two buyers and had the sense to pick the easy-going buyer over the frantic one.

 

[seashoreCM]

At the risk of losing the deal, you do not have to agree to the conditions passed to you by the broker and from the seller.

You should fill the nail holes. If you wipe off the area of the hole with a wet cloth you can make the spot less noticeable without repainting.

At some point in the home buying process there is "cloture", when the sum total of desired repairs and improvements is agreed upon. After that point the buyer may not demand things other than repair of code violations or repair of something that broke in the meantime.

The main significance sith a dual agency or a buyer's broker is that he may volunteer information to the buyer, e.g. "the basement floods", whereas a regular broker (representing the seller) is not supposed to tell the buyer things unless the buyer specifically asks. And a regular broker should never say "oh, they'll take $285,000." but instead tell they buyer to make an offer and get an answer. Whereas a dual agency broker may say things like that so you need to be careful what you say to the broker. By the way it is perfectly all right for you to suddenly change your mind and reject that new offer of $285,000. even though the broker told the buyer you will accept that and you accepted that two months ago and that deal fell through. Again risking not getting the sale.

Meanwhyile even a regular broker MUST give to you all offers no matter how ridiculous. He must also give to you all proposed terms and conditions although it is your responsibility to read the proposals and contracts.

It is very unwise to do things like painting the walls pink and purple because the sale might fall tghrough anyway and you will be stick with that.

The same person can be a regular broker, a dual-agency broker, or a buyer's broker for any particular person (buyer or seller) by declaring that intent in advance (and his office offers the service of buyer's brokering). After taking the listing for your house, that person may not change his stance with respect to you; he may not subsequently declare himself a buyer's broker for another person (buyer) and also show your house to that buyer without your specific consent.