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This is more of a rant and to let off some steam than anything, we signed all the paper work on Friday night for closing, Wednesday is the date everything should be closed with the money transferred to the owner and keys given to us.
We had planned to do the final walk through on Monday, but the owner has now told his agent that there is no need to have a final walk through as we have already done it!! as we visited his home 2 weeks ago on his insistence that we need to see the home at night time with the pool lights on and the views of the city lights in the distance, also his opportunity to discuss any furniture we might like to buy as he's doing a full house estate sale. Of course we look around the house again whilst we were there, but not thinking for a second it was any walk through.
I think he hasn't sold most of his stuff yet, even though he told my husband he's sold everything but basically his bedroom furniture, and not planning on calling the movers until the day of closing, and can't understand why we can't move in until Saturday in case something goes wrong, and the possibility that his friend that owns the moving company isn't available on Wednesday, and he doesn't want to let his friend down a second time, as we are late on closing due to appraisal issues with the underwriter so all had to change moving dates by a week.
Who gives a crap, his obligation is to us and not to his friend as we are the ones buying his house. We have said when we get the keys we are moving in that day, our moving van isn't coming until Saturday but that's none of his business and we haven't told him when we have booked it, but we our going to be moving in more delicate and valuable things straight away as soon as we get the keys.
He says he already owns 5 fully furnished homes and moving into one of them, so I'm thinking he could actually move now if he wanted to, and leave the walk through with his agent. But I have a feeling his house is still full of stuff, after our visit I heard he moved more things in that were held in storage that even his own agent got really concerned he wouldn't sell it all in time 0_o.
What a jerk.
Then you simply inform the seller there will be no closing until they satisfy ALL the requirements of the contract. As long as a final walk through was specified as art of the closing I would hold seller to the contract.
OMFG!!! OMFG!!! Finally, somebody listened to MY rant and fixed their rant!!!! Thank you so much! You have given me hope that my fellow men and women are not beyond hope, not beyond redemption!
Well of course you are entitled to a final walk-through. I like to schedule mine the day before closing. I want to see with my own eyes that their stuff is gone, and that they've done all they agreed to in terms of leaving the house in good condition, and MOST IMPORTANTLY, that they have left the house in the same or better condition than it was when I made my offer that they ultimately accepted.
So I totally support your right to have a final walk through very near your closing date. If you are like me you will want it to be the day before closing.
Consult your real estate agent regarding the legal realities, and understand that if you put your foot down and insist on the law you may delay your closing date but it may be worth it.
As far as I'm concerned it would be worth it to me just to show the sellers that they shouldn't treat their buyers so poorly.
Exactly, tell the escrow company not to record the sale until you get a walk through during daylight hours. Your agent should be working for you on this.
I agree with this, but understand you may delay your closing. I'd rather close right at a later date than close wrong earlier.
There are often sellers who get the idea that they are in the cat bird seat because they have the buyer's earnest money and a signed contract.
Nothing could be further from the truth. A contract binds both buyer and seller, and the terms are explicitly spelled out.
I don't recall the exact words, and maybe it's not even in the contract but rather embedded in the law and the process of selling a house, but in everything I know the buyer is entitled to a final walk through before closing, to verify that the property is in substantially the same condition as it was when the contract was first agreed to, the contract date. The seller is required to maintain the property in the same condition as it was when the contract was signed.
One a-whole I bought a property from quit watering the lawn and maintaining the pool. My appraisal was delayed because the pool was green with algae, and I had to pay another $100 to have the property re-appraised after the seller probably dumped 3-4 gallons of chlorine into the pool to shock it free of algae.
Then when we closed I discovered the lawn had turned brown because the seller had turned off the landscape watering system, and the pool was starting to turn green again.
I just don't know what is wrong with people.
It all ended well. I shocked the pool back to clear with 2 gallons of chlorine and had a gardening service set the landscape watering, and rented it out about 3 days after closing. My renter hired my pool guy and my gardener and from what I hear these days the pool is clear and the lawn is green!
Can you clarify,
Have you signed and completed all the buyer/seller required closing items?
Are you awaiting only the physical funds transfer and recording of the sale by the title/escrow company?
Does you contract stipulate a walk through 1 day prior to taking possession (not to be confused with the signing)?
I've never heard of a buyer's agent not including a stipulation that the buyer has the right to a walkthrough the day before or the day of the actual turning over of the property. Usually all the contracts our agent negotiates has a provision that the house is to be inspected by the buyer a day or day of the actual closing in those areas where the closing, funding and recording are done the same day. For those areas where there is a delay between the signing and the funding/recording, we require the property be vacant on the day of the signing and an inspection the day before finial funding and recording, so if there is something wring we can still halt the actual funding exchange and recording.
I'm with you on this. You ARE the buyer; tell the seller you will walk OUT if he or any other entity does not allow you to walk through one final time.
we signed all the paper work on Friday night for closing
mean that you have signed the mortage, promissory note, deed, and everything the way you would if you were doing a closing but not in person? If that is the case then I wonder if you have any leverage yet: it's possible the closing has already happened.
The second point that has me a little concerned and/or confused is that it sounds as though the seller is looking to retain possession beyond the date of closing, but without any rental agreement. I know there are people here who strongly advise against allowing the seller to rent any part of the property after title has passed, but at a minimum they can't just assume they get to remain in a house that you own, right?
Feel free to ignore this if I'm not grasping the situation you find yourself in.
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