escrow? repairs?

So we got the keys to our co-op tonight and went in for the first time since the walk through last week.... the electricity was still off, but we could totally see with our flashlights and the digital camera.... and I didn't like what I saw :(

The carpet in the living room was stained pretty badly in about 3 spots. They had a bookcase on a wall in the living room --- it was apparently bolted to the wall because there are now 6 quarter sized holes with bolts sticking out of the wall and there is no molding on the bottom of the wall in the spot where the bookcase was. In the 2nd bedroom they used Fun-Tac to hang things. There are blue spots all over the wall and they didn't even try to take the gobs off. The refrigerator and self-cleaning oven were both gross inside. They left up all of their picture hooks in random spots so we're going to have to spackle.

My question is - when I call the lawyer tomorrow how much do I ask for? They have 2k in escrow. Also, what's protocol for the rugs - we attempt to have them pay to clean them first and if that doesn't work, then we get $ for replacing? I've obviously never done this before :) but want to know from your experience how to handle this and what I can reasonably hope and ask for...

Message edited 5/8/2007 11:09:14 PM.

Re: escrow? repairs?

i don't know how much of that would be considered the house being sold "as is" and how much is their responsibility. when you did your walk through was all their stuff still in there that you didn't see these things? your attorney probably could help you figure out $ amounts. sorry i'm not more helpful.

Re: escrow? repairs?

The walk through was a disaster. It was a mess. All of their things were piled in boxes so much so that we had 1 lane to talk through single file at the walk through... Couldn't even get into the bathroom because there were boxes in there. We had seen the bookcase obviously but never thought it would be bolted to the wall and molding ripped off on half the wall behind it.

I though "as is" goes for homes that are specifically listed as 'as is'. This was not and was in good condition when we bought it.

Also, if we left our apartment now with carpet stains or holes in our walls we wouldn't get our security deposit back. Is this any different?

thanks!

ETA: Walk through was April 30. We took possession on May 8.

Message edited 5/8/2007 11:39:01 PM.

Re: escrow? repairs?

I hope I do not come across harsh because I do not want to but it sounds like it is a lived in home. I think it is a little much to think that it would be immaculate when you got their. The only thing that I think is alot is the holes in the wall but honestly that is so easy to fix. When we moved into our home their were no carpet stains but we wanted the wood floors underneath anyway. Well we pulled them up and their were urine stains and water stains so bad that we needed to replace the whole flooring on the first floor which cost us $2500. The fridge and oven may be gross but honestly not everyone keeps them spotless.

I am in contract right now and I am selling and buying a home. I took down all my pictures and plan on taking out the nails but I do not plan on filling the holes. I know they like our paint colors so I will leave them the names so they can repaint if they choose those colors.
I believe all contracts state that they have to be broom clean and nothing more. It's part of being a homeowner!

Re: escrow? repairs?

The carpet you might be able to do something about if it was stain free before but the walls probably not - you just spackle. We just closed and the person we bought from had toggle bolts all over the first floor. We will simply spackle before we paint not that big a deal.

The bookcase - was it a fixture? Was it something that should have been left behind? I would ask your atty about the carpet stain and the bookcase but would not worry about the holes as that is pretty standard. I know when my parents bought their last home the day they closed the seller's dog left a messy umm poop behind and they were given some money from escrow to get the carpets cleaned or removed. They chose to remove them instead.

Re: escrow? repairs?

First, Congratulations on taking possession.

Second, when you speak with your lawyer, he/she will be able to tell you what exactly you can ask for.

Good Luck.

Re: escrow? repairs?

Thanks. Our lawyer is taking care of it, I just wanted opinions from you guys first. Sorry if it sounded nitpicky but it definitely wasn't the condition we saw it in at the walk through.