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Green Tree Servicing LLC / Earnest money

1 2440 Louisiana Blvd NE 5-530, 87110Albuquerque, NM, United States
Contact information:
Phone: unknown

I have recently relocated to New Mexico. While searching for homes for sale I came across the 1979 double wide mobile home located at 76 Road 5285 Bloomfield, NM 87413. It is listed with Fleming Realty, Liz Tafoya in Farmington, NM [protected]) for $110, 000. The home as listed by Fleming is available for a conventional, FHA, or VA loan. I made an offer of $105, 000 which was accepted and we entered in to contract. The home is a reposession, being sold "as is" and was in some obvious disrepair: light fixtures missing, counters and cabinets removed from kitchen, trash everywhere, fence falling down, back porch steps falling apart, front porch leaking, rotting food left in refrigerator, carpet stained and needing replaced. I was willing to repair/replace all of these problems. However, as per my contract, I desired to perform inspections of the plumbing, electric, foundation etc. Those dates were set in the contract which Tom C'deBaca from Green Tree signed and agreed to. Here is where the problem begins. When we went out to do the inspection, we found all of the utilities were turned off so the inspection could not be performed. Our realtor from Century 21 contacted Liz Tafoya at Fleming and requested the utilities be turned on, including the installation of a propane tank which is the source of heat for the house and water heater. Ms. Tafoya informed us that Green Tree would not install the propane tank and suggested we do it ourselves. We refused to do so because we have no legal right to request service at a property that does not belong to us. After 10 days of back and forth, Ms. Tafoya informed us that she installed the tank on her own and that we could perform the inspection. When we arrived, there was no electricity to the property. There was water rushing underneath the trailer because there had been 7 or more days of below freezing temperatures and all of the pipes had frozen and broken. We requested that the electricity be turned on and the plumbing be repaired. After 3 days, we went out to the property again. There was obviously some work done, or attempted on the plumbing, but once again the electricity was off and water was rushing underneath the trailer. We filed our objections to the inspection by our deadline and requested that all the plumbing problems be repaired by a certified plumber and that all utilities remain on until the closing date so that the problem would not reoccur. We did not recieve anything in writing but were told by our realtor that Greentree said they had back up offers and we could "take it or leave it." We chose to leave it and filed a termination of the contract with our realtor based on the inspection and plumbing problems. I received a phone call a few days later from my realtor at Century 21 and was told that Liz Tafoya had called and Green Tree wanted to know if we would take the property if they repaired the plumbing. I said we would have to think about it and I would let her know but we were already interested in another property. I was told at that time that Liz Tafoya said that we would not get out earnest money of $500 back because they had incurred so much cost from the property. My contract states in section B page six of RANM Form [protected]) "Seller and Broker strongly recommend that Buyer satisfy any concerns that Buyer may have about the physical condition of the Property. To accomplish this, the parties are encouraged to employ competent and where appropriate, licensed) professionals to perform inspections of all conditions of the Property. Buyer has the right to have performed the inspections... Seller will be responsible for paying any charges required by the utility company to have utilities turned on for inspection purposes, but in no event will Buyer be responsible for charges to repair the property, to bring it up to code, to pay unpaid bills, or for anything other than a turn-on fee."

Ki

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