Disappearing Deck!

PeanutsCL · August 2011

We're under contract a foreclosed home that had some drainage issues in the backyard, which the bank (reluctantly) agreed to fix. Hooray!

So, since we're moving right around the corner, we stopped over at the house the the other day and walked around to the backyard to quite the surprise: they tore down the deck!

The deck was rotting, and we were planning on replacing it, but it wasn't a top priority. We were probably going to wait a year or two to save up for it.

I know it's a foreclosed home, and banks don't like to do ANYTHING because they just want to unload it. But when we agreed to buy the house, we were buying a house with a 200 square foot deck. Do they have to replace it?

April37 · August 2011

I would think they'd have to replace it or at least give you money off the price or money back at closing. I'd definetly ask your Realtor.

redfishblue · August 2011

Read your contract; there is likely language there about how you are buying the property in its present condition. Removing the deck has changed that condition - I don't know if you'll get them to replace it before you close (esp since it's a foreclosure) but you could ask for a credit or to be let out of your contract.

I'd have your REA "play dumb" and call them to confirm that the reason the deck was removed was to fix the drainage issue and that it will be re-built in the same dimensions. After all, it's possible this is what happened. I wouldn't lawyer up or go in with guns blazing until you have all the facts.

PeanutsCL · August 2011

Yeah, we're laying low and haven't said anything yet. If they happen to fix it, and we make out with a new deck, we won't be complaining!

BlackDiamond3201 · August 2011

Like the PP stated, you have to read the contract over.

daosdf · August 2011

Post moderated to remove hyperlink spam.

bridesmaid2BWed13757 · September 2011

knowing what i know about drainage issues and deck building it's QUITE likely that they had to remove it to remediate the drainage problems - in fact i'm 100% certain. They likely had to regrade the yard and maybe even put in a french drain so in that case if the deck was already on its way out then it has to go. i would say that the bank probably needs to put up a comparable deck afterward though!

Disappearing Deck!

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