Dover home has history of buyers walking away documents show - WFLA News Channel 8

Dover home has history of buyers walking away documents show

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Dover home involved in real estate dispute Dover home involved in real estate dispute

A Dover house at the center of a home sales deposit dispute has a history of buyers walking away because of structural issues, documents provided to News Channel 8 show.

Buyer Brooksye Hall thought the house, at 2907 Fritzke Road, was his dream home. He and his wife wanted to spruce up the 100-year-old home that has been vacant for years.

Thy made an offer for $300,000, and the seller accepted. He put down $1,000 to hold the deal. But the inspection of the home went terribly wrong when the inspector touched the marble on the fireplace. A slab of marble fell off, revealing rotten wood.

"My breaking point is when the whole house is sitting on old, rotten logs and bricks turned the wrong way, with tiles like you would put on your floor wedged in there to support the house. all the floor joists rotted away, where you could stick a screwdriver through the whole floor joist," said Hall.

Hall said he still wanted the house, but he wanted the seller to fix the foundation and replace rotting wood. Hall says a contract gave him an estimate of $48,000. When the seller declined major repairs to secure the foundation, Hall backed out of the deal. He was surprised to learn the seller planned to keep his deposit because of the marble that fell off during the inspection.

But the sellers refused to let him have his deposit back. A spokeswoman for Coldwell Banker, the realty firm representing the seller, said the contract between the sellers and Hall says the buyer is responsible to repair any damage that occurs during the home inspection. The money wasn’t being released, the spokeswoman said, because the fireplace mantel was damaged.

The disclosure forms signed by the seller say nothing about any major issues. In fact, the seller checked boxes of “no” on questions about known issues with termites or structural problems. However, an inspection report reviewed by 8-on-your-side shows these problems - $70,000 worth of damages – were revealed in July 2012. Homeowners, Lynn and Larry Robart of Winter Haven didn’t disclose these issues, though.

Realtor Rande Friedman says he represented the buyer from last year. Friedman said his buyer backed out when the homeowners wouldn’t fix the issues or accept a much lower offer. He says he was shocked to see that another buyer was going through the same thing.

A Dover house at the center of a home sales deposit dispute has a history of buyers walking away because of structural issues, documents provided to News Channel 8 show.

Buyer Brooksye Hall thought the house, at 2907 Fritzke Road, was his dream home. He and his wife wanted to spruce up the 100-year-old home that has been vacant for years.

Thy made an offer for $300,000, and the seller accepted. He put down $1,000 to hold the deal. But the inspection of the home went terribly wrong when the inspector touched the marble on the fireplace. A slab of marble fell off, revealing rotten wood.

Related Story: Dover home buyer in dispute with seller over rotting wood

"My breaking point is when the whole house is sitting on old, rotten logs and bricks turned the wrong way, with tiles like you would put on your floor wedged in there to support the house. all the floor joists rotted away, where you could stick a screwdriver through the whole floor joist," said Hall.

Hall said he still wanted the house, but he wanted the seller to fix the foundation and replace rotting wood. Hall says a contract gave him an estimate of $48,000. When the seller declined major repairs to secure the foundation, Hall backed out of the deal. He was surprised to learn the seller planned to keep his deposit because of the marble that fell off during the inspection.

The disclosure forms signed by the seller say nothing about any major issues. In fact, the seller checked boxes of “no” on questions about known issues with termites or structural problems. However, an inspection report reviewed by 8-on-your-side shows these problems - $70,000 worth of damages – were revealed in July 2012. Homeowners, Lynn and Larry Robart of Winter Haven didn’t disclose these issues, though.

Realtor Rande Friedman says he represented the buyer from last year. Friedman said his buyer backed out when the homeowners wouldn’t fix the issues or accept a much lower offer.

“You could see where the stucco facing was starting to collapse, which was evident of a problem.,” Friedman said. “And that was noted in our report also. There was evidence of leaks in the ceilings and just a general state of disrepair.”

The homeowners did not return phone calls seeking comment from News Channel 8.

Hall says now that he knows that this damage was already discovered and it wasn’t disclosed to him, he plans to fight to get his money back. He still wants his $1,000 deposit back. But now he also wants back the $600 he had to pay for the home inspection.

A spokeswoman from Coldwell Banker, the company representing the seller, said the dispute boils down to the contract, which says damage caused during the inspection will forfeit the deposit.

So, if Hall continues to stand his ground, it may take a judge to decide who gets to keep his deposit. Now that the seller knows about the damage, though, Florida Law requires them to disclose that to future buyers.

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