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Old 10-03-2019, 10:15 AM
 
2 posts, read 1,025 times
Reputation: 17

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My husband & I recently sold our southern CA home to a young, single woman. We technically close on 10/8, however the final walk through with the buyer and her agent was on 10/2. Not a problem, as all requested repairs were complete.

We noticed during the final walk through that the buyer had a couple friends (and their very young children) attend the final walk through with her & her agent. Mind you, we are still living in the house at this point, and mostly out of boxes, so there are tools, boxes, paint and other items laying around that could be potentially hazardous to young children.

We felt that it was an invasion of privacy to invite others (strangers, who are not the buyers) into our home. We still technically live in and own the home for another week, so anything that happens in the house during this time is OUR liability. Additionally, this was not an open house, it was a final walk through and we felt the only people that should attend the final walk through are the buyer and the buyer's agent (and if needed, a home inspector).

We later called our agent to ask if this was normal or acceptable behavior, and they said yes, totally normal. My husband and I greatly disagree. We feel that friends & family should enter the home once the new buyer takes complete ownership of the house.

Is there any legal language around this type of situation? I see many articles and forums protecting the BUYER during the final walk though, but not many protecting the SELLER during the final walk through.

Any help, insights or advice is greatly appreciated!
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Old 10-03-2019, 10:36 AM
 
Location: Lakewood Ranch, FL
5,389 posts, read 8,364,999 times
Reputation: 6451
First, doing a walk through that far ahead and while you are still there completely negates the point of doing a walk through in the first place. Yes, the walk is meant to confirm that the agreed upon repairs have been completed but it also to confirm that the property is substantially in the same condition except for normal wear and tear. Obviously, they won’t be able to do that at that point. Additionally, your contract probably only grants the buyer the right to be there so you have no obligation to allow others in. Furthermore, you are right about your other concerns with regard to liability.

It’s up to you. READ your contract and tell your agent you want it followed despite what is “normal”. If your contract allows for a walk through the day of closing or the day before, and that’s all you want to do, that’s the end of it. Tell your agent. And, whatever you decide, tell your agent you want a signed release stating that the buyer has done the walk through and is satisfied with the condition of the home. Be sure you receive a copy.
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Old 10-03-2019, 10:38 AM
 
8,152 posts, read 10,004,266 times
Reputation: 14662
Quote:
Originally Posted by LifeonMars17 View Post
My husband & I recently sold our southern CA home to a young, single woman. We technically close on 10/8, however the final walk through with the buyer and her agent was on 10/2. Not a problem, as all requested repairs were complete.

We noticed during the final walk through that the buyer had a couple friends (and their very young children) attend the final walk through with her & her agent. Mind you, we are still living in the house at this point, and mostly out of boxes, so there are tools, boxes, paint and other items laying around that could be potentially hazardous to young children.

We felt that it was an invasion of privacy to invite others (strangers, who are not the buyers) into our home. We still technically live in and own the home for another week, so anything that happens in the house during this time is OUR liability. Additionally, this was not an open house, it was a final walk through and we felt the only people that should attend the final walk through are the buyer and the buyer's agent (and if needed, a home inspector).

We later called our agent to ask if this was normal or acceptable behavior, and they said yes, totally normal. My husband and I greatly disagree. We feel that friends & family should enter the home once the new buyer takes complete ownership of the house.

Is there any legal language around this type of situation? I see many articles and forums protecting the BUYER during the final walk though, but not many protecting the SELLER during the final walk through.

Any help, insights or advice is greatly appreciated!

You have a lot of "feelings", but no leg to stand on. What I would do, as a Seller, is insist that the final walkthrough be on the day of closing, when you are all out of the space. I've actually never heard of one that wasn't then.
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Old 10-03-2019, 11:40 AM
 
2 posts, read 1,025 times
Reputation: 17
Quote:
Originally Posted by spencgr View Post
You have a lot of "feelings", but no leg to stand on. What I would do, as a Seller, is insist that the final walkthrough be on the day of closing, when you are all out of the space. I've actually never heard of one that wasn't then.

No leg to stand on? Its still my house, no? So the buyer can bring in as many friends as she wants and its OK even though its still my property?? How is that OK? Can you share language where this type of behavior is permitted??
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Old 10-03-2019, 12:52 PM
 
Location: Rochester, WA
6,408 posts, read 3,596,316 times
Reputation: 17288
Quote:
Originally Posted by LifeonMars17 View Post
Any help, insights or advice is greatly appreciated!

It's done. Presumably, no one got hurt. Buyer is excited. Good. Let it close.

This is not worth creating a big stink about.

That's the help, insight, and advice. Keep your eye on the big picture.

As for what happened.... I agree with bbronson, it was a little early to be doing the walk through at all.
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Old 10-03-2019, 01:02 PM
 
8,152 posts, read 10,004,266 times
Reputation: 14662
Quote:
Originally Posted by LifeonMars17 View Post
No leg to stand on? Its still my house, no? So the buyer can bring in as many friends as she wants and its OK even though its still my property?? How is that OK? Can you share language where this type of behavior is permitted??

It's all based on your contract language. Do you have specific language to prohibit it? If you do, you should have stopped the other people. If you just wanted to ban people from your home, you could have done that, too.
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Old 10-03-2019, 01:05 PM
 
Location: Salem, OR
14,151 posts, read 33,397,435 times
Reputation: 13177
First that is a weird time to do the walkthrough. That was too early.

Second, it is not normal to bring friends with kids with you. I've seen first-timers have mom and dad come through with them, or a best friend (no kids), but I've never seen anyone think it was okay to bring kids to a situation like that. There is an expectation of common decency just like there isn't any verbiage in your contract about setting up appointments and such. I highly doubt there is legal language in your contract about it.
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Old 10-03-2019, 01:09 PM
 
Location: NC
6,771 posts, read 8,343,487 times
Reputation: 14162
There are conventions to follow but some fail to do this and force new stipulations in contracts. The buyer agent should have not allowed this.

Another oddball situation would be with a rent back agreement. The walk thru should be just before final papers are signed yet the seller won’t have moved out. Just another complication.
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Old 10-03-2019, 01:10 PM
 
Location: Research Triangle Area, NC
3,980 posts, read 2,744,736 times
Reputation: 5817
Quote:
Originally Posted by bbronston View Post
First, doing a walk through that far ahead and while you are still there completely negates the point of doing a walk through in the first place. Yes, the walk is meant to confirm that the agreed upon repairs have been completed but it also to confirm that the property is substantially in the same condition except for normal wear and tear. Obviously, they won’t be able to do that at that point. Additionally, your contract probably only grants the buyer the right to be there so you have no obligation to allow others in. Furthermore, you are right about your other concerns with regard to liability.

It’s up to you. READ your contract and tell your agent you want it followed despite what is “normal”. If your contract allows for a walk through the day of closing or the day before, and that’s all you want to do, that’s the end of it. Tell your agent. And, whatever you decide, tell your agent you want a signed release stating that the buyer has done the walk through and is satisfied with the condition of the home. Be sure you receive a copy.
^This

Especially since your main point of concern with the "extras" that the buyer brought along is that that they could damage/be hurt by personal property you still have in the home.

The real issue here is the final walk-through not being the day-of closing with the house "broom clean" as it should be.

Is it odd and not-of-best practice for an entourage to be at showings/walkthroughs....yes; but is it worth causing drama in the transaction before getting to closing table? Not at this point.
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Old 10-03-2019, 01:58 PM
 
1,897 posts, read 678,216 times
Reputation: 3080
So you and your agent let the walkthru be on the 2nd. I'm more familiar with the walkthru the day of closing and then go on to closing.

I have a feeling your buyers will want to come back for a real lookthru and that this last time was just a thing with the girls and their kids and a nice lunch afterwards.

At any rate be prepared for the....it wasn't the real walkthru I was just showing my friends...or my husband just reminded me anything could have happened between then and settlement I mean it was all the way yesterday.

Let your agent and the buyer's agent know no showings, maybe remove lockbox till day of closing. Realy, it's amazing what can happen in the few days before closing.
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