ᐅ Outstanding Issues When Buying a Semi-Detached House with a Neighbor

Created on: 7 May 2014 08:35
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Thorsten111
Hello,

this is not a new build, but I am considering buying a semi-detached house in a very nice location. The building inspector who accompanied me through the house noticed the following at the junction with the neighbor’s property (I have a photo):

>>>During visual inspection, it was found that the new metal flashing on the building in question, at the adjoining neighbor’s house, is poorly executed. This flashing was installed as part of the neighbor’s building extension and can only be a temporary solution.

According to plumbing guidelines, this is a construction defect because the metal flashing is improperly connected to the adjoining structural element (neighbor’s masonry). Additionally, due to the missing exterior render and the texture of the unrendered masonry, rainwater can penetrate between the flashing and the masonry, potentially causing moisture damage to the underlying masonry.

The exterior wall should be properly rendered as soon as possible, and the metal flashing also needs to be professionally replaced.
<<

How should I proceed? Would a written agreement be sufficient to protect me, confirming that the neighbor will complete the work after signing with a notary?

How secure is this approach, and how would you handle it?

A second point: in the basement, there are two small damp spots with minor mold growth. These are supposed to be opened up, sealed properly, and included in the purchase contract. The house was built in 1993; otherwise, everything is in good condition.

How would you proceed, especially regarding the first issue?

Please let me know if anything is unclear.

Thank you, Thorsten
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Thorsten111
7 May 2014 09:16
Strong, both of you, thank you!!
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Thorsten111
7 May 2014 10:49
Ok, I wrote the following to the real estate agent. Sorry, I’m still a layperson:

I have looked into it further.
Regarding the defect with the neighbor’s upper floor, I need the following:

an effective written agreement between the seller and the neighbor (including a deadline) for correcting the defect, which is then also defined as part of the notarized sales contract.

The issue with moisture in the basement
and its remediation should also be included in the contract with an appropriate deadline.
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Thorsten111
12 May 2014 19:17
The real estate agent said you could deduct the cost estimate from the purchase price? But what if it ends up being more expensive? Not a good idea, right?
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wadenkneifer
12 May 2014 19:24
In my view, you have to weigh it carefully; it’s ultimately like negotiating the purchase price. If there are many or more interested buyers, the seller might simply choose someone who can handle the defect more easily or who doesn’t even notice it.

In the end, if I understand correctly, the neighbor is responsible for fixing the defect. That makes it difficult for you to ask for a reduced purchase price because you might end up having disputes with your new neighbor insisting that they take action.

For such a serious defect, in my opinion, I would only buy the house if I had contractual assurance that the defect will be repaired (or only after the defect has been fixed).

Best regards

Michael
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Thorsten111
12 May 2014 19:30
Hello Michael,

Thank you for your feedback. Sorry, I didn’t provide enough information earlier.
The real estate agent told me that for the two damp spots in the basement, he already has an estimate from a company here. This is independent of the neighbor. He said he can either add the estimate to the costs or include it in the sales contract.
Regarding the other issue with the neighbor: I will receive a written agreement between the neighbors and the seller. They have spoken, the neighbor will take care of it, and the written agreement will be included in the sales contract. I will see the agreement before the sales contract is finalized. I have now scheduled a notary appointment with the agent for May 30th.
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wadenkneifer
12 May 2014 19:35
Hello Thorsten,

ah, okay, I misunderstood that! What does your expert say about the cost estimate? Does he consider the price reduction to ensure a secure and lasting repair of the damage?

Generally, I would handle the damp basement through the notarized contract rather than adjusting the price. But that might be due to my overall relatively low risk tolerance 😉

Best regards

Michael