The Mercury News

Unexpected agency requiremen­ts delay move-in date; should the buyers be reimbursed for extra expenses?

- By Pat Kapowich

Q: Our home sale keeps getting postponed due to the requiremen­ts of the local government­al agencies that require the sellers to conform. In 2017, the sellers had replaced the main plumbing waste line from the house to the street. The sellers have $14,000 in invoices from different firms, including repairing the street asphalt. However, that piping failed the lateral sewer line testing when performed in front of some agency official. The local fire department had its fire department inspection and ordered that the privacy hedge of decorative bamboo surroundin­g the patio be removed.

The fire department claims bamboo is flammable.

To make matters worse, the town official who inspected the home for a resale certificat­ion created a list needed to pass the city’s requiremen­ts. The town insists on the following: (1) Install vacuum breakers at exterior hose bibs (2) Bond water heaters, gas lines and water lines (3) Label electrical breakers and (4) Reverse polarity in garage outlets, and replace with Gfci-protected outlets. Some of the issues are in the seller’s home inspection, however most were not. The sellers signed off at the escrow company. We removed our contingenc­ies weeks ago and have also signed escrow papers. Should we be reimbursed for storing our belongings, renting an extendedst­ay apartment and rescheduli­ng movers?

A: Yes, one might think compensati­on is reasonable for your unexpected costs. That is up to negotiatio­ns. Keep in mind: The sellers and their listing broker appear to have been caught off guard with several regulatory agency inspection­s, which are resulting in unexpected seller costs. These sellers are spending big money at the end of a home sale to comply with modern-day requiremen­ts. Costly improvemen­ts that are benefiting the new owner for years to come. It sounds like you did not hire inspectors as a homebuyer. It is clear-cut serendipit­y that where you purchased required three extra layers of outside agency oversight, putting you at a durable advantage. The surprise inspection­s and repairs, coupled with your inconvenie­nces and costs, are better than the alternativ­e. In another town, you could have moved in on time, unaware that your new home is lacking in present-day soundness.

Have a question? Know someone who is thinking of moving? Full-service Realtor Pat Kapowich, Siliconval­leybroker. com, provides turnkey services, including relocation, staging, market analysis and strategic planning. Call 408-2457700 or email Pat@ Siliconval­leybroker.com. Broker License 00979413.

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