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lululu
LIF Adult
Member since 7/05 9511 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
I'm confused. They didn't withhold information. It's your responsibility to look up the zoning laws for that area if you plan to build on that property. The issue is YOUR issue, not theirs. There isn't anything wrong with the property line, it just doesn't work for you under current zoning laws. There is a big difference.
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Posted 3/21/17 2:34 PM  |
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lululu
LIF Adult
Member since 7/05 9511 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by Paramount
There are legit reasons to get your deposit back and your attorney can fill you in on what those are.
Sorry but this is not necessarily true. They are legit reasons for her to want to back out but it doesn't mean that she is legally entitled to her deposit back.
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| Posted 3/21/17 2:37 PM |
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loveus
LIF Adolescent
Member since 9/13 684 total posts
Name:
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For those of you that have purchased a home...
Just curious how your attorney found out about 40' now and not before the contract was signed.
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| Posted 3/21/17 2:43 PM |
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SecretlyTTC14
LIF Adult
Member since 12/13 1770 total posts
Name:
B
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Re: For those of you that have purchased a home...
Posted by angelicd77
Would I just call Brookhaven Town Hall and ask if I'm able to extend a fence? This is quickly becoming a total nightmare... If we can't extend and no longer want the property, are we out all of our money??? Nobody told us any of this! 
I don't want to deter you, but I was told mine "should" be approved and it wasn't. I'm in the town of Brookhaven. It's not like I was trying to go to the street with the fence. It's ridiculous. The only way to be 100% sure the variance will be approved, is to apply for it. If I had known before buying, it's not a risk I would have taken. I have major regrets now that I'll just have to live with. I'm pretty much stuck here lol. So, if it's a deal breaker for you, I would try to walk away.
There are other downsides to a corner property that I didn't consider (and no one told me about) before buying. My front yard is a bus stop which is super annoying. My corner is the spot where they have the street light, street name post & stop sign. Over the years they added a speed limit sign, a curve ahead sign, and just recently they added a children playing sign. So that part of my front yard just doesn't look nice. That doesn't bother me too much but just an FYI because I wish someone had told me they could do that.
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| Posted 3/21/17 2:47 PM |
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MrsT809
LIF Adult
Member since 9/09 12167 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by starbrightgirl8
It's your job to do the due diligence before signing the contract. If you only wanted this house if you're able to do x, y, and z to it, then you needed to call the town or hire an architect to make sure that you would be able to do those things.
In general, the seller is not under any obligation to disclose anything to you. That's why you get a home inspection, get a survey, and your title company researches the property.
As others have said, the set back is not a property line issue, and it doesn't change the piece of property that you're buying. It's a zoning issue. Your contract probably states that you're agreeing to take the property subject to the zoning laws. Again, it was your responsibility to look into those laws if that was important to you. I know most people don't check the zoning laws before they buy property, but it is important if there is something specific they want to do that would make or break the deal.
Look into the zoning laws in the town, and if you really want to get out of the contract, talk to your attorney.
Agree with this. Try calling the town and asking about zoning rules/variances. Also, call your attorney and talk to them about what happens if you decide to walk away.
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| Posted 3/21/17 2:48 PM |
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soontobemommy
LIF Adolescent
Member since 1/07 540 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by Aries14
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
But it might not be a property line "issue". Not being able to extend a fence or build within a certain amount of feet on a corner lot is a pretty standard thing. I don't think its on the sellers to tell you that. Maybe I am not understanding the whole situation but it doesn't sound like anyone mislead you - you just didn't know about the rules with corner lots
This is exactly correct. You wanting to extend a fence or structure is not something the seller guarantees you have a right to do, nor does your attorney. Unless you specifically said to him, we want to be able to add in this part of the land, he/she would also have no way of knowing this was a deal breaker. Every municipality has different rules, regulations etc with respect to this and its not a common point in real estate transactions such that your attorney should have known to discuss this with you.
As for the survey, that is a part of home buying that is on the purchaser. If a seller has a usable survey you luck out but in many cases they do not and a new one is needed. The seller is not responsible for paying for this.
ETA I went back and saw a few more responses and wanted to add that it is not the sellers' responsibility to disclose information such as this to you. You have the opportunity to look up the zoning laws, code etc on your own but seller does not have to provide you with any of this information. I understand your frustration because you weren't aware but that would not be a reason to invalidate the contract such that you would get your down payment back. This is of course assuming there were no contingencies in the contract specific to this.
Message edited 3/21/2017 3:02:35 PM.
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| Posted 3/21/17 2:58 PM |
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Pumpkin1
LIF Adult
Member since 12/05 3715 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
In the grand scheme of things, you may want to walk away from the $10k deposit if you can't extend your yard. A home in an expensive investment and it would suck to pay hundreds of thousands of dollars for something you won't be happy with. But, I suggest you make a few phone calls to the town and a local fence company to inquire about expanding the fence and the likelihood that a variance will be granted. Once you have that information, then decide if you want to walk away.
That being said, I don't think you'll have much luck arguing false pretenses because the onus is on the buyer to get this information before signing the contract (i.e. "buyer beware").
Best of luck to you, buying a home is so overwhelming.
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| Posted 3/21/17 3:00 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: For those of you that have purchased a home...
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
False pretenses for what? If you want to build a "structure" you have to follow the town code. Every house has town code that needs to be followed. Since you are buying a corner, you have more code and restrictions than the average homeowner.
This has nothing to do with the seller.
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| Posted 3/21/17 3:04 PM |
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WannaBeAMom11
LIF Adult
Member since 1/11 7391 total posts
Name:
Name
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For those of you that have purchased a home...
Is there a fence on the property already?
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| Posted 3/21/17 5:32 PM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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For those of you that have purchased a home...
Every corner property has rules about fences in relation to the corner.
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| Posted 3/21/17 5:41 PM |
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Mrs213
????????
Member since 2/09 18986 total posts
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Re: For those of you that have purchased a home...
I remember having to pay for a survey when we bought our houses I believe it was $500 in 2010
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| Posted 3/21/17 5:56 PM |
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Re: For those of you that have purchased a home...
Posted by alli3131
Every corner property has rules about fences in relation to the corner.
Yes I am a corner but got lucky! Our side yard on that side is very large but we can't go or further!
Also the survey is your responsibility as a buyer. All buyers need it and are responsible for verifying all info.
You can check with town of Brookhaven- I believe I read that is where you are buying?
I believe I paid $700 for the survey for our house. Also deposits are usually $5k. I put down 10% and our deposit was only $5k. I saw you said 3.5%? Is that FHA? Maybe they have different rules regarding deposits?
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| Posted 3/21/17 6:16 PM |
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Goobster
:)
Member since 5/07 27557 total posts
Name:
:)
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Re: For those of you that have purchased a home...
Posted by chilltocam
Getting a new survey is a normal part of the buying process. Sometimes there is an existing one that can be used, but if not, the buyer must get one.
This, it's your obligation and you would only be lucky to not have to pay for a new one.
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| Posted 3/21/17 6:20 PM |
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Goobster
:)
Member since 5/07 27557 total posts
Name:
:)
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Re: For those of you that have purchased a home...
Posted by ave1024
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
False pretenses for what? If you want to build a "structure" you have to follow the town code. Every house has town code that needs to be followed. Since you are buying a corner, you have more code and restrictions than the average homeowner.
This has nothing to do with the seller.
Well said Ave.
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| Posted 3/21/17 6:21 PM |
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MrsG823
Just call me Mommy.
Member since 1/11 5570 total posts
Name:
S
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For those of you that have purchased a home...
I am sorry you are upset- buying a home is incredibly stressful- as others have said you need a survey- it is part of the title search- sometimes there is a recent survey on file and you get lucky but even then many buyers decide to get a new one done. As for the set back requirements that is something you should have researched and discussed with your realtor when you were looking at the property. If you want to be pissed at anyone be pissed at your realtor for not pointing out the set back sooner although the responsibility is ultimately on the buyers- property owners generally only learn the requirements to change things once they decide to do it- for example when I bought my home we knew the boiler would need to be changed in 2-4 years but we had no clue our city required three permits and a few things generally not necessary in our county. We paid a bit more than we planned because we failed to look into it before we bought the house. If you really want to break the contract talk to your attorney but be prepared for the seller to keep your deposit. As long as the sellers do not violate the terms of the contract they do not have to give you back your deposit.
Message edited 3/21/2017 6:38:44 PM.
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| Posted 3/21/17 6:37 PM |
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bunnyluck
LIF Adult
Member since 1/14 3196 total posts
Name:
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For those of you that have purchased a home...
That really stinks sorry. We have to get a survey on the house we're purchasing too...We almost needed an elevation study on top of that because we're in a flood zone but the seller found it.
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| Posted 3/21/17 7:02 PM |
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shadows
LIF Adult
Member since 1/10 4694 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by MrsG823
I am sorry you are upset- buying a home is incredibly stressful- as others have said you need a survey- it is part of the title search- sometimes there is a recent survey on file and you get lucky but even then many buyers decide to get a new one done. As for the set back requirements that is something you should have researched and discussed with your realtor when you were looking at the property. If you want to be pissed at anyone be pissed at your realtor for not pointing out the set back sooner although the responsibility is ultimately on the buyers- property owners generally only learn the requirements to change things once they decide to do it- for example when I bought my home we knew the boiler would need to be changed in 2-4 years but we had no clue our city required three permits and a few things generally not necessary in our county. We paid a bit more than we planned because we failed to look into it before we bought the house. If you really want to break the contract talk to your attorney but be prepared for the seller to keep your deposit. As long as the sellers do not violate the terms of the contract they do not have to give you back your deposit.
This is what I was thinking. I'm not sure that anyone was "required" to tell you about the setback, but I think your real estate agent should have. I think it was remiss of him/her not to mention it. REAs should be aware of and communicate something this significant, IMO. What does your REA have to say about it?
I am sorry you are dealing with this. I had a real estate nightmare a few months ago. It is the worst. We are still dealing with the consequences as we do our taxes right now.
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| Posted 3/21/17 7:21 PM |
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MrsT809
LIF Adult
Member since 9/09 12167 total posts
Name:
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For those of you that have purchased a home...
Wanted to add that I have heard town of Brookhaven lost a ton of records many years ago due to a fire. If the homeowners have been there a long time it's very possible there isn't one on file.
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| Posted 3/21/17 8:27 PM |
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dianadrw
LIF Adult
Member since 5/06 2092 total posts
Name:
Me
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Re: For those of you that have purchased a home...
Posted by shadows
This is what I was thinking. I'm not sure that anyone was "required" to tell you about the setback, but I think your real estate agent should have. I think it was remiss of him/her not to mention it. REAs should be aware of and communicate something this significant, IMO. What does your REA have to say about it?
I am sorry you are dealing with this. I had a real estate nightmare a few months ago. It is the worst. We are still dealing with the consequences as we do our taxes right now.
I totally agree with this. Yes, it's ultimately your responsibility to know the zoning laws but there's a reason we use a qualified real estate agent when buying and selling homes. They really should have better informed you. I'm sorry you're dealing with this. I hope it works out. 
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| Posted 3/22/17 9:35 AM |
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For those of you that have purchased a home...
The survey is the buyers responsiblity. We just bought a house at the end of 2016. I believe we paid $650 for our survey and used our lawyers company they always use, it made it easier and more reliable. When we first started looking at houses I asked my REA what were the additional costs besides the house that we had in our future. She explained all the additional costs. We're first time buyers too and was going to do an FHA loan but the mortgage company ended up giving us a better rate if we didn't.
As for the deposit, speak to your lawyer. If you are having a problem with your lawyer, call your REA. Remember, these people work for you. I used to call my mortgage company weekly and have to remind them of this. If you don't like the way people are treating you, speak to someone else on your "team". We had already signed the contract and gave our deposit when we pulled out of the first house. This was in Jersey though. We signed the contract and then had the inspector come in. The house needed a new roof, furnance, etc. We were looking at about $40,000 for us to move in immediately. The owners gave us a $300 credit offer when we gave our list of things to fix. We were able to pull out of the contact.
Good luck! Remember to ask questions. Ask the same question 100 times if you have to. You're buying a house, that's a lot of money.
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| Posted 3/22/17 12:01 PM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
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Re: For those of you that have purchased a home...
I would add that if you do decide to walk away from this house, I'd urge you to get a Buyer's Agent. As a first time homebuyer, s/he can help walk you through all the things you don't know...and all the things you don't know that you don't know! We'll be using one when we buy our second home, too.
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| Posted 3/22/17 2:29 PM |
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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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For those of you that have purchased a home...
Thank you for all the responses everyone! I spoke with my REA last night and she explained to me the reasons behind the survey- not just because "it doesnt work that way." lol I have a much better understanding as to the reasoning behind it.
I did feel a little misled as to the costs associated with the purchase. We were very clear as to what we had available to us and were well above that number now, but it is what it is at this point.
We are shopping surveyors now- if anyone has any reccos, please share! We will decide where to go with all of this after that.
Thank you all again for your advice!!
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| Posted 3/22/17 2:29 PM |
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lululu
LIF Adult
Member since 7/05 9511 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by angelicd77
Thank you for all the responses everyone! I spoke with my REA last night and she explained to me the reasons behind the survey- not just because "it doesnt work that way." lol I have a much better understanding as to the reasoning behind it.
I did feel a little misled as to the costs associated with the purchase. We were very clear as to what we had available to us and were well above that number now, but it is what it is at this point.
We are shopping surveyors now- if anyone has any reccos, please share! We will decide where to go with all of this after that.
Thank you all again for your advice!!
There are always a ton of costs associated with the purchase of a home that you are not anticipating. i remember being completely shocked on not only my first home purchase but my second as well. It's very eye opening and even after multiple home purchases the sticker shock of the closing costs always gets me!
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| Posted 3/22/17 4:14 PM |
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Re: For those of you that have purchased a home...
Posted by lululu
Posted by angelicd77
Thank you for all the responses everyone! I spoke with my REA last night and she explained to me the reasons behind the survey- not just because "it doesnt work that way." lol I have a much better understanding as to the reasoning behind it.
I did feel a little misled as to the costs associated with the purchase. We were very clear as to what we had available to us and were well above that number now, but it is what it is at this point.
We are shopping surveyors now- if anyone has any reccos, please share! We will decide where to go with all of this after that.
Thank you all again for your advice!!
There are always a ton of costs associated with the purchase of a home that you are not anticipating. i remember being completely shocked on not only my first home purchase but my second as well. It's very eye opening and even after multiple home purchases the sticker shock of the closing costs always gets me!
Agreed. We closed 3 weeks later than we were supposed to. Because taxes were due 10 days after we closed, I found out the night before we closed we needed to bring another 5k to closing to cover this! My closing was estimated at 13,500, we paid close to 19,000 and found out the night before it's crazy! There's tons of hidden costs! Good luck and remember it will be worth it!!!
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| Posted 3/22/17 6:11 PM |
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RoadRunner
LIF Infant
Member since 4/15 69 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by angelicd77
Posted by Pomegranate5
I'm sorry but you're wrong. The buyer is responsible for the new survey, regardless of property line issues.
And also, I don't know exactly what you mean by a 40' setback. Like, the zoning district requires this setback, or there is an easement/ROW of some sort? Unfortunately, these are the types of things that are your responsibility to verify before you sign the contract, and I'm not sure you will be able to back out so easily. But I really hope it works out for you guys. The whole buying process can be so stressful!!
Someone at some point said that it wasnt created by an easement. I just wish someone would have said something about this PRIOR to it being an issue... and as first time buyers, I would have hoped that it would have been made more clear that this could be an issue... 
Where is the house? I have a 25 foot easement in my yard.
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| Posted 3/22/17 6:25 PM |
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