I'm wondering if anyone has any experience negotiating gutter repairs/replacement in the purchase of a home. Here's my situation:
I am a first time homebuyer and recently I had the home inspected, where--among other things--the inspector noted that rain gutters were missing from the front of the house (curiously there are gutters in the back). It was visually apparent from the discoloration of the concrete foundation due to splashing, that the lack of gutters (and poor yard grading) was causing rain water from the roof to puddle and become trapped next to the house, which was causing minor water seepage into the basement.
Based on the inspection results, I asked to the seller to perform a number of tasks, including re-installing the gutters in front. The seller has since responded and refuses to install the gutters, stating simply that there weren't any front gutters when she purchased the home 7 yrs ago. While that may be true, I feel that gutters are to be considered a home necessity, rather than an optional item, so I still feel that I am being reasonable in asking that they be installed.
Moreover, my point is this:
IF the house had come equipped with front gutters, but the inspector found them to be in terrible shape or nonfunctional, I would have obviously asked for them be replaced. To address this problem, I'm assuming the seller cannot simply opt to take them down and leave the house 'gutterless'. If this WERE to happen, I would have grounds to exercise my Inspection Contingency Clause and walk away from the deal with my deposit back, correct (or no)?
So to me, a house with non-working gutters is the same as a house with no gutters, although legally I am wondering they are one in the same.
My concern is that if neither side were to budge, and I tried to walk away from the deal on the basis of the missing gutters, that this may not be sufficient grounds to reclaim my deposit. Does anyone know the answer to this?
Should I hold firm in asking for new gutters, or is this wishful thinking?
Any thoughts/advice would be greatly appreciated.