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Lawyers/attorneys---contract help!!

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Last activity 2014-06-23 6:47 PM
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lexyy12
Reg. Apr 2010
Posted 2014-06-22 7:22 PM
Subject: Lawyers/attorneys---contract help!!



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Location: ohio-in my own little world with pretty ponies :)
Sooo we bought our house. In the contract they countered asking for an extra 2 weeks. And I quote "to clean out the barns". They owned cows that pretty much used the barns as run ins and we all know how messy cows are. After the first week we were able to get into the house and during the next week they cleaned out one barn after is asking when it would be done. Then it rained ALOT and we agreed they could take the extra time to let it dry before trying to clean the other out. In the "moving" of the animal process they rutted up the pastures EXTREMELY BAD! Like really deep! It has now been 2 weeks and we called the old owners tonight to see if we could get them To clean it out this week since it's dry and so we can get hay in there and their reply was "I spoke with my realtor and it says no where in the contract that we have to do that, the other barn was a favor" also, all "attached" items were supposed to remain with the home and barns. They took hooks off the walls, a big cabinet in the barn, the electric box to the electric fence and some other things.

My question is....what can we do?! We are beyond frustrated!!! I can pm anyone the actual contract stating that if anyone wants.

Edited by lexyy12 2014-06-22 7:24 PM
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Bibliafarm
Reg. Jul 2008
Posted 2014-06-22 7:37 PM
Subject: RE: Lawyers/attorneys---contract help!!


Military family

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Location: Florida..
nothing about cleaning barn out unless it specifically says.. both barns clean
also items needed to be listed.. or they can remove them.. a electric fence charger should have been stated in contract.. the wire should be on fence though.lol.. everything must be  in detail.. or you lose..I hate to say that but yes..
Thats why I always made sure thigns were done and a last minute inspection was done .. before closing... then they couldnt enter property again.... of course i was nice and had some mishaps along the way like you all.. its a learning process..
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SG.
Reg. Sep 2003
Posted 2014-06-22 9:25 PM
Subject: RE: Lawyers/attorneys---contract help!!


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Location: Here
 Fence chargers are personal property. Everything that you thought should have been left should have been spelled out in contract.   If it isnt spelled out now much you can do.
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runnink
Reg. Sep 2009
Posted 2014-06-23 8:16 AM
Subject: RE: Lawyers/attorneys---contract help!!


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Location: south central usa
agreed if it's not 100% permanent, it's fair game. an example...when/if we leave, we're taking all the ritchie water troughs with us...i'd cut your "losses" and move on
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star1218
Reg. Jan 2011
Posted 2014-06-23 9:41 AM
Subject: RE: Lawyers/attorneys---contract help!!


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I'd say move on too. Yes attached items are typically left, but if not spelled out then not much you can do.
I'd also say count your lucky stars they cleaned out any of the barns.  They would not have had to do that at all, and I am not sure why they even took the time to do one?  Gross yes, but you bought the property as it was so it's your responsibilty now home owner! :)
My horse barn was not "clean" when we bought our place - different than cows I realize" and I don't know why a property would be shown dirty, but It was my job to clean my own place after we signed on the line.  
don't stress - enjoy your new home!
 
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lexyy12
Reg. Apr 2010
Posted 2014-06-23 10:01 AM
Subject: RE: Lawyers/attorneys---contract help!!



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Posts: 2276
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Location: ohio-in my own little world with pretty ponies :)
We didn't ask for or expect them to clean them out. Our offer was said price and blah blah blah and we gain possession a week later. They came back agreeing to all terms plus asking for another week to have the barns cleaned out.

---my agent spoke to theirs this morning and that was the agreement: to have manure and all removed so he will be out to do it. I'm not stressing over the fence charger but BOTH agents agreed it was to have stayed. Yes, we got very lucky! We didn't ask for or expect most of the things they offered and did but when they don't follow thru it's frustrating. Seller also still lives on the SAME road 5 minutes away with all his equipment and we see him go by several times a day
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teehaha
Reg. Dec 2003
Posted 2014-06-23 10:23 AM
Subject: RE: Lawyers/attorneys---contract help!!


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IMO you're lucky the agent is comming out to clean the barn.  No matter what both agents thought, your contract was with the owner and if it wasn't spelled out in the purchase contract you're out of luck.


Congratulations on the new house!! 



 

Edited by teehaha 2014-06-23 10:29 AM
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lexyy12
Reg. Apr 2010
Posted 2014-06-23 10:48 AM
Subject: RE: Lawyers/attorneys---contract help!!



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Posts: 2276
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Location: ohio-in my own little world with pretty ponies :)
teehaha - 2014-06-23 11:23 AM

IMO you're lucky the agent is comming out to clean the barn.  No matter what both agents thought, your contract was with the owner and if it wasn't spelled out in the purchase contract you're out of luck.


Congratulations on the new house!! 



 

The seller is coming to do it and it was said in the contract that they were to clean them out.

Thanks!!
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IB1UKNO
Reg. Apr 2014
Posted 2014-06-23 11:50 AM
Subject: RE: Lawyers/attorneys---contract help!!




2525
lexyy12 - 2014-06-23 10:48 AM

teehaha - 2014-06-23 11:23 AM

IMO you're lucky the agent is comming out to clean the barn.  No matter what both agents thought, your contract was with the owner and if it wasn't spelled out in the purchase contract you're out of luck.


Congratulations on the new house!! 



 

The seller is coming to do it and it was said in the contract that they were to clean them out.

Thanks!!

Learn from the process for future reference. On the surface sounds like the seller got the best of things.
But for now, I would not grant access to seller any longer and clean up or what ever you need to do yourselves.
You continually open yourself up now and in the future if you keep allowing access beyond the stated contract.
In some states, contractually, "farm equipment or implements" can be used to cover a lot of items, just as the phase "in as is condition".

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BARRELHORSE USA
Reg. Sep 2011
Posted 2014-06-23 6:47 PM
Subject: RE: Lawyers/attorneys---contract help!!




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ESCROW ACCOUNT ...
Is estimated costs of any repairs, fixtures, cleaning etc or anything that is not nailed down or concreted in that can be moved or not done in a specified amount of time such as closing or a few days later as specified ..

It is monies held back from the sellers monies until items are checked off or done within a specific amount of time or that money is used to do the specified things in the contract once the time has elapsed .... the ESCROW ACCT monies are usually held by the closing department of a bank, title company or professional closer company to be dispersed to the seller or buyer per the amounts held for each unit ...

ADENDUMS ....
Is another extra sheet attached to the original contract to list items such as the above since space is limited on most pre printed contracts .. just refer to ADENDUM 1, 2, 3 or however many it takes ...

A lot of times sellers will get busy moving and with their new place and will just voluntarily sign a disbursement to the buyers for the Escrow Acct monies ...




Edited by BARRELHORSE USA 2014-06-23 6:49 PM
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