another one

Today, my wife and I had another beaut of an argument -this time over the house:

WIFE 12:51 PM

read the emails from mary...

12:51 PM

ugggg

ME 12:53 PM

so what?

WIFE 12:53 PM

the malins seem jerky

ME 12:53 PM

you are in nickle-and-dime territory

WIFE 12:53 PM

showing @6pm tomorrow

12:53 PM

"talk to my lawyer"...

12:53 PM

meanwhile, they are working to sell part of the property off

12:54 PM

give us a break

12:54 PM

and that he thinks he should have got more

12:54 PM

when he got $11-12k more than asking

12:54 PM

sorry...just annoyed

12:54 PM

done

ME 12:54 PM

you have to look at this from the right perspective.

12:54 PM

even 12k is a minor percentge of the whole deal and doenst affect us

WIFE 12:55 PM

oh, ya know - i didn't realize that she sent them our letter

12:55 PM

If this is not acceptable to the buyers, please return their initial deposit and lets put the house back on the market.

12:55 PM

what does this meanL

12:55 PM

2. We will add a clause to the purchase and sale agreement to resolve any potential encroachment issues.

ME 12:55 PM

well, lesson learned. We write her a letter with their eyes in mind

12:56 PM

dunno - you'll have to ask elenor

WIFE 12:56 PM

Definition of 'Encroachment'

A situation in real estate where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.

This is also known as structural encroachment.

Read more: http://www.investopedia.com/terms/e/encroachment.asp#ixzz1qF7XSLYW

12:56 PM

at least they agreed to our list

12:57 PM

maybe we should have made that longer

12:57 PM

lke change out the corner board that rotted & checck on teh one with beetles

ME 12:58 PM

he's a VP at Fidelity. if we want this house we're going to have to either get our buyer borker back in the mix, lawyer up, kill the deal, or take his terms as-is

12:59 PM

i'm going to try to pull the rug out from under him, by emailing her with 'what 's with his attitude'

WIFE 12:59 PM

can you share w/ me first what you plan to write?

ME 12:59 PM

yes

WIFE 1:01 PM

btw -re-readout email. I think it was nice

ME 1:01 PM

re read your note - what the heck is -re-readout

WIFE 1:02 PM

re-read

ME 1:03 PM

his note is not "nice" it's abrupt. he's got his finger on the trigger re: his relationship with Mary. How do you see this as nice?

WIFE 1:03 PM

i meant OUR note

1:03 PM

sorry

ME 1:04 PM

ok i dont know what you're talking about and I am tired of asking you to clarify yourself . your communication - it's getting worse

1:04 PM

!

1:07 PM

please clarify - what are you talking about?>?

1:07 PM

Call Started, no answer

1:07 PM

Call Ended, no answer

WIFE 1:07 PM

on a con call

1:07 PM

Ire-read our note to Mary about the inspection etc, and think it was nicely written

1:07 PM

that is what I tried to say

ME 1:08 PM

so, if you had just taken 1 minute to be clear on what you were trying to say, you wouldnt have wasted seven minutes of both our time, right?

WIFE 1:09 PM

right

ME 1:09 PM

any ideas on what next steps might look like regarding your pattern of poor communication?

1:15 PM

Hi Mary

Thanks for the update.

We'll it seems we're not the only ones who like that house!

As we discussed in our kitchen this weekend, eliminating the “attractive nuisance” from the deal is the imperative. Sure, we were hoping for some cash concessions given the surprises regarding the wood rot and roof, but the seller is being clear he’ll not do that. We do appreciate the other items he’ll fix himself, however.  So, let’s consider that part of the deal resolved.

As for his comment about “encroachment clause,” that’s pretty vague at the moment. I understand he and the neighbor need time to button down the details and so I wont take that literally for now. If we’re to solidify this deal, however, we’ll definitely want to have the “attractive nuisance” addressed. I’m no lawyer, but an encroachment clause seems like a different animal. Regardless, we’ll react to what we see on paper, versus speculating now. I just want to be clear where we’re coming from.

I assume that’s pretty reasonable?

Please let me know your thoughts..

☺

Eric

1:15 PM

hurry - i have to go to the gym then MPN

WIFE 1:16 PM

i don't think we immediately give up on money...i think it's at least worth it to see if Mary/Coldwell is open to anything -- since they intiially offered 5k, and since she gave us teh misinformation on the roof

1:16 PM

thoughts?

ME 1:16 PM

WE GIVE UP ON THE MONEY

WIFE 1:17 PM

i would see what she says live before emailing her

1:17 PM

she might offer something before we ask

1:17 PM

let's just see

ME 1:17 PM

you are talking to the seller's representative

WIFE 1:17 PM

who wants the deal to continue w/ us

1:17 PM

i did not say = "say no"

1:17 PM

but, can we at least see her personal reaction and state our disappointment

1:18 PM

if you need to leave, then let's pick up later tonight with her

ME 1:18 PM

what else woudl she say? and why are we dragging this out. i have to get a job, i dont have a lot of time for this nickle and dime stuff. you are not seeing whats important, i think. who gives a crap if we go back to the well asking for mor $$, piss him off and everything falls apart again

1:18 PM

the issue is the attractive nusance, that's it

1:18 PM

this is who we're dealing with

1:18 PM

http://www.linkedin.com/profile/view?id=35172244&authType=NAME_SEARCH&authToken=iGYB&locale=en_US&srchid=1166481e-a605-45d8-af23-7a4ee209c3e5-0&srchindex=1&srchtotal=42&goback=%2Efps_PBCK_peter+malin_*1_*1_*1_*1_*1_*1_*2_*1_Y_*1_*1_*1_false_1_R_*1_*51_*1_*51_true_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2_*2&pvs=ps&trk=pp_profile_name_link

1:19 PM

fucking asbergers dude, not someone who sees he has to negotiate, right?

1:20 PM

this is what $6 over asking will do to our monthly payment

1:20 PM

$34.89

1:20 PM

Call Started, no answer

1:20 PM

Call Ended, no answer

WIFE 1:20 PM

sorry - can't talk

ME 1:21 PM

if you kill this deal by asking for more $$$, i will be EXTREMELY frustrated

WIFE 1:21 PM

why don't you go to the gym

1:21 PM

i did not say that

1:22 PM

please let me have a voice to you

ME 1:22 PM

once again you are not listening to me

WIFE 1:22 PM

don't bully

ME 1:22 PM

YOU  are being the bully by not listening and being stubborn about 40 bucks a month

1:22 PM

whatever do what you want thats what you always do anyway

WIFE 1:22 PM

I DID NOT SAY THAT

1:23 PM

I AM ON A CONCALL & I AM ASKING FOR TIME TO TALK TO YOU

1:23 PM

please do not take this further

1:23 PM

I am listening to

1:23 PM

you

1:23 PM

please listen to me

ME 1:26 PM

you want to pursue more dollar negotiations. the seller does not. if we go back to him and pursue more dollar negotiations we risk him walking. we do not have any leverage in this deal, except the legal issue of the 'attractive nuisance'. i keep telling you to accept the $ amount, based on my many years of sales experience, but you have this image or pride or whatever, that continuing to push the seller is ok. it is not ok. he has two other offers. why would it ever be ok?

1:28 PM

I keep bringing this to your attention. So does Mary. But you persist. how does that make any sense?

WIFE 1:30 PM

I did not ask us to go back to the owners.

1:30 PM

I asked to wait to hear what Mary says. That is all I asked

ME 1:30 PM

Mary/owners are the same thing

WIFE 1:30 PM

that is pretty reasonable.

ME 1:31 PM

no its not, honey

WIFE 1:31 PM

and I don't want to push anything to lose this house

1:31 PM

ok, thanks.

ME 1:31 PM

think it thru: we bring it to her and she'll say one of two things. either, repeat what is in her note or say something like, "well, if you want me to go to them, I will..."

1:32 PM

if she repeats what is in her note, we're right back here

WIFE 1:32 PM

that is fine

ME 1:32 PM

if she goes to them, we risk them running.

1:32 PM

what is fine

WIFE 1:32 PM

to see if she repeats herself

1:32 PM

why is that bad?

ME 1:32 PM

it's a total waste of time -both in terms of duration and schedule, that's why

WIFE 1:32 PM

why is it not ok to have mary speak to us live about this?

ME 1:33 PM

what are you imagining will happen? why does 40 bucks a month matter?

WIFE 1:33 PM

just tell her yes then

1:33 PM

gotta stop this back & forth

1:33 PM

if you don't beleive that it matters

1:33 PM

you obviously won't

1:34 PM

you are making that very clear

1:34 PM

I will forget it

ME 1:34 PM

what am I missing? answer my above questions

1:34 PM

please

WIFE 1:34 PM

i can't

ME 1:35 PM

b/c you're busy or b/c you dont have an answer

WIFE 1:35 PM

busy

1:35 PM

and upset

1:35 PM

just pls - let's talk later

ME 1:37 PM

ok, sorry you're upset.

WIFE 1:37 PM

i am about to speak on a big call. hanging up for now

ME Pending

maybe tonight we can talk about why you're taking this so personally, when, even if i'm attacking, it's a legit position

Pending

k

Pending

goodl ucke

later we talked about this some more and I got to a place where I apologized for my argumentative approach, but we argued some more.  Then I said that I just wanted her to not be so protective of herself and admit when she was wrong or confused about something; to jut share your heal-hearted thoughts. She thought that was good; something to work on, but not immediately doable.