Tracy Peterson

The complainants’ latest response again focuses on the contract as it pertains to pest repairs, with additional references to timing of the repairs and communication of the associated changes to the buyers. As noted previously, the buyers committed to increasing the price of their original purchase offer to cover the cost of pest repairs. This was a straightforward contractual action between the seller and buyers. A second contract existed between the seller and pest repair company. Since the buyers did not own the property until the transaction closed no contract existed between the buyers and the pest company, and therefore no input was solicited from the buyers regarding the execution of the repairs. Pest companies (and contractors in general) will only contract with the property owner of record at the time the work is performed. This process protects both the seller (owner) and the pest company in the event of buyer cancellation prior to completion of the sales transaction. Regarding the timing of the pest repairs, the Wests state “…the day before we signed all of our paperwork, the change was made.” This is not consistent with the sequence of events. Pest repairs were completed 4/13/2016, and their agent was notified accordingly. The buyers signed their closing documents 4/22/2016 and subsequently performed their final walkthrough later that day. The date of acceptance for the buyers’ purchase was 3/24/2016, which corresponds to a closing date of 4/23/2016 for the 30-day escrow specified by the contract; it is unclear why the buyers chose to postpone their review of the pest repairs to so near to close of escrow and until after they had signed their loan documents. However, it is clear that the buyers were notified – via communication to their agent – in a timely fashion that repairs had been completed.

I am rejecting this response because:I have attached several contract items for you to review including photos of the columns when we made the offer on our house, and three photos of the columns after Mr. [redacted] made significant changes to the front of our home. I wanted you to also notice the drain is now dangling. We are first time home buyers. We saved a great deal of money to purchase a home we loved, and the day before we signed all of our paperwork, the change was made. We had agreed that we would pay for the pest work. We never discussed structural changes with Mr. [redacted] or his client. We paid for an appraisal on the home with the columns the way they were originally, and now they absolutely take away all curb appeal. What's the first thing a home buyer does when they get keys? They take a photo in front of their new home! We didn't. We couldn't. Mr. [redacted] refuses to take accountability for neglecting to communicate the changes to our realtor, he has not fulfilled their end of the contract and he did not maintain the same stylistic elements to the columns - we did not agree to his changes! However - It is worth noting that the day we authorized funding, and Mr. [redacted] had a conversation with our realtor's managing broker and according to our realtor's managing broker, Mr. [redacted] admitted fault to poor communication. Pest inspection report page 3 (attached)"Existing materials will be matched as close as possible as availability permits""Without tearing out, or defacing of finished areas, the owner or owners agent will be contacted for further direction."Pest Addendum #2 (attached)"Seller to pay additional pest/dry rot repairs up to $2500 if they should arise"The columns prior to pest work - attached WP fileThe columns after the pest work - attached V__F496, V__D298,  V__6C2FMr. [redacted] brought up the deck that we also paid to have corrected (not changed). And thank you for bringing that up, parts of the deck were replaced but were left untreated, and should have been stained to protect the integrity of the Pest company's work. Also, upon move in, on May 1 our garbage can was filled to the brim with rocks. The previous owner left his garbage bin full of garbage in our kitchen. We had nowhere to place garbage. The county left us a note that it was filled with unacceptable items. We had to unload the garbage can into our grandfather's truck and haul it to the dump. The seller left garbage (paint, shoe racks, tiki torches, "wine" racks, cement blocks, etc.) throughout the house, in the garage and basement. The house was not clean at all. We moved in to a mess, and we've had a lot of unnecessary stress.In the end, based on the contract attached, Pest Inspection report page 3, and Pest Addendum #2, the seller has not fulfilled his end of the contract.Thank you for time.Sincerely,The [redacted] Family

Response:The complainants were principals in a real estate transaction for a single family dwelling in Cameron Park, and their complaint involves the repairs performed on the dwelling in accordance with a wood-destroying organisms report prepared by an experienced and reputable termite inspection...

and mitigation company. Unfortunately, the complainants had neither a satisfactory understanding of the scope of the repairs required nor did their agent provide them an adequate explanation of the contractual allocation of costs to which they committed. Contrary to the statement by the complainants, the amount of dry rot discovered within the entry columns was significant. In addition, these columns were discovered to be structurally inadequate, with the entire weight of the entry overhang found to be supported by the siding applied to the exterior of each column. The interior construction of the columns was suitable only for providing a means to attach the decorative siding rather than for transferring the load to ground, which was confirmed by the termite inspection company’s measurement of substantial sag in the overhang. Repairs authorized by the seller included removal of all rotted materials and the installation of 4x8 load-bearing posts, thereby restoring satisfactory support to the entry overhang. No decorative siding or paint was applied to the repaired columns for two reasons. First, as with the miscellaneous deck boards repaired at the same time and also left unpainted, objective evidence of satisfactory repair is readily apparent. Secondly since areas of active infestation or infection could be hidden by paint and decorative elements such as siding and trim, the application of such items does not constitute “repair.” Some inspection and repair companies will provide general carpentry and painting when requested, but few will offer these additional services at no charge. The complainants were also mistaken as to the contractual obligations associated with their purchase agreement. Prior to submitting their offer, the buyers agreed to increase the sales price by an amount equivalent to the cost of pest repairs; however, the financial obligation for the repairs remained with the property owner throughout the transaction. Modifications to the property may not be performed by potential buyers prior to transfer of title, and no contractor or service provider will enter into an agreement to make such modifications with any party other than the property owner. These are details that an experienced agent (or one with proper oversight from a supervising broker) would communicate clearly to that agent’s clients.