Candice Grigg

Did you have a Due Diligence period and a formal inspection? Did the Seller dislcose on the Seller's Real Property Disclosure Statement of any problems relating to HVAC? Did you use a Realtor? Curious why your realtor is not involved... If your inspector did not advise you of age or condition concerns and Seller stated nothing about it on the state required Seller's Real Property Disclosure Statement, and you did not address any concerns prior to closing and signing final walk through before closing than you may not have any recourse. If you find evidence via a HVAC Company that was consulted, Home Warranty or Insurance claim that Seller was notified or had knowledge of a defective HVAC and the Seller did not state it on their Seller's Real Property Disclosure Statement then you can revisit reclaimation from Seller. If Seller is deceptive or omits this knowledge and you can prove that they knew then you can take action. Here is a link explaining more about why this form is so important. Consult with a Real Estate Attorney for specific action possible. https://q-law.com/q-law-articles/oregons-seller-property-disclosure-law/

Are you using a Realtor who knows how to negotiate? Have they explained their offer submission process or strategy? Submit an offer in ink to show your serious. You can not be a serious negotiator without ink to paper first. It can be simple also, letting appraisal determine ultimate price with a clever kicker addendum protecting you.(.EX; In the event appraised value is not met Seller agrees to price reduction and any incentives agreed upon (closing costs etc.) still apply. Because a clever selling agent will have a clause saying that if value is not met Buyers incentive are reduced. This is for over priced homes that seller will not budge but you know comps are not supported and appraisal will be low. You can use this strategy on stubborn sellers.) But you need data for accepted offers.... Crafting an offer that gets accepted also should require a call to the listing agent to scope out any expensive payoffs like Solar or second mortagages that are affecting Sellers decision for price reduction. But sometimes if that is not possible, just write an offer that a seller would at least counter and not reject. Be within the scope of pricing not 20% below list just because your fishing. Also part of where Buyers agents go wrong when presenting offers to my sellers is that they double dip on the asks from seller... ex: 15k price reduction & 10k in closing costs, and an agressive commission fee. Buyers agents have blown deals right in front of me and the Buyer they work for have no idea how their agent is actually presenting their offer. Sellers do not have to pay Buyer agents fees, it is part of the offer and often inproperly negotiated on buyers behalf. Getting an offer accepted is a craft based on several factors. Remember that not all sellers are serious about selling anyway, they test the market if the realtor they hired will let them. Just go for it without lowballing so bad it offends so that you can at least start the conversation. The goal is to open the conversation and be a fair negotiator, in the end you will be a seller one day too, so put your sellers hat on for a quick second an look at your offer then decide if its your best foot forward. I recommend asking your agent how they 1. Write offers 2. Negotiate a counter offer. None of this matters if you have an agent and the seller does not. For sale by owner is a totally different approach.

Hello, there is seperate personal property addendum for this. Personal property can not be put in a real property contract with a home loan that depends on real property appraised value. It can be part of a negotiation but has to be seperated. I worked for many builders and sold many fully furinished models with EVERYTHING included. This addendum is a seperate legal abiding agreement for this part of the transaction. Your realtor has this form.