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First of all, maybe they had a lot on their minds. Buying a house is a very traumatic event for a lot of people. It represents the single biggest purchase of their life. Especially if they are first time home owners (or even if they were not), chances are it just slipped their mind. People are human you know, they forget things. I'm sure you have never forgotten anything important in your life. Right?
Nevertheless, it was their responsibility. Yes they should have thought about it and made sure it was taken care of. But it would have been nice, if you might have mentioned to them that you were turning off the electricity immediately. I realize that is commons sense, but most people are so preoccupied with their lives that they simply do not think about such things.
You can bet they won't ever forget again. LOL
20yrsinBranson
You could also suggest that a buyer should mention a zillion other things to the buyer too. Bottom line - it is NOT the seller's responsibility to mention or advise the buyer about anything.
What if the new buyer had someone break into their newly bought house and it was believed that if a door or window wasn't left unlocked a key could have been used for entry. Should the seller have mentioned to the new buyers to change the locks? Sorry - it's not the seller's responsibility to babysit, advise, mention, or teach a buyer what to do...
We are closing in 3 weeks, and I just called the utility companies again to reconfirm. Gosh I am getting neurotic.
I do think the buyers over-reacted by sending you that letter. 20yrsinBranson puts it very well that buying a house is a traumatic event, especially for first time buyers. I can totally testify to that. My face broke out all over under the stress and that hasn't happened since I was 15!
You don't owe the buyers anything, but in their shoes, they could probably use a kind word.
Closed on my house (as the seller) 6 weeks ago. Buyers did a final walk-through the morning of the closing and all was fine. We closed and I notified both my insurance company and the electric company and told both to cancel coverage and electric service as of midnight that night(that is midnight the day of the closing....that night).
Buyers were from out of town and flew back home and returned 3 days later and found the house ice cold ( we had a cold snap for a few days) and pipes burst and water everywhere...generally a real mess. Of course you know why. They did NOT notify the electric company to turn on service in their names and the furnace did not kick on due to no electricity in the house, the pipes froze and the ensuing mess.
Of course they are SOMEHOW blaming me for their stupidity! HAHA! They even sent me a letter saying they will try to recover damages from my insurance company and from me personally. I sent them back a letter telling them that my wife and I will enjoy a 2 week MEditeranean cruise this summer with THEIR money. I sent their letter to my attorney and we both had a good laugh! He said they have zero recourse here.
They are first time buyers and obviously just "forgot" to call the electric company. And their insurance may not even cover this loss on their part due to their negligence. Stupid stupid stupid!!!!
I see your point and you are right but that doesn't mean you have the right to send such a cruel letter...that is awful and karma could be waiting for you...
There is no doubt that sending you a threatening letter was inappropriate. Clearly the buyer's owned the home after it was recorded with the county. Your responsibility ended. And yes, first timers are naive. That is why some real estate agents are better for first timers than others because they do a lot of "mothering," if you will, to remind them of these things.
Just remind them that they were the legal owners and to file a claim with their own insurance. The buyer's don't know how inappropriate they are being, but they will quickly find out. No attorney is going to take on that case for them.
We are closing in 3 weeks, and I just called the utility companies again to reconfirm. Gosh I am getting neurotic.
I do think the buyers over-reacted by sending you that letter. 20yrsinBranson puts it very well that buying a house is a traumatic event, especially for first time buyers. I can totally testify to that. My face broke out all over under the stress and that hasn't happened since I was 15!
You don't owe the buyers anything, but in their shoes, they could probably use a kind word.
I am someone who has bought dozens of homes and I can assure you it is a stressful event regardless whether it is the first or the 30th. There are a zillion things that need to be done and events that need to mesh and come together for the closing - personally, with the buyer, with the agents, inspector, appraiser, financially, movers, insurance, and numerous other parties. Then, after the closing there is a whole other group of things that need to happen and be dealt with - movers, utility services, contractors for modifications/maintenance/repairs, locksmith, new appliance deliveries, yard care, pool care, lawn sprinkler, gutter maintenance, window cleaning, etc., etc. Some of these may not apply to everyone of course, but it's best to make a list (pre-closing & post-closing) of all the things that need to happen. Some things must happen by a time deadline and are thus "must happen" events...and some are less important but still need to happen. I would say that turning on utility services should be somewhere on the "must happen" list.
Lastly, the seller is most likely heavily involved in both selling a house and also buying a house - a double whammy for the seller. The last thing the seller needs is to waste time making sure the buyer (1st time young buyers or experienced buyers) is planning on having utilities turned on...or changing locks...or arranging for whatever. This is NOT the seller's responsibility!
OH good one!! YES, OP why didn't YOU have the water turned off too?????
hmmm.....
Again, in my parts, they don't turn the water off or the gas off when you disconnect service. Only electricity. I guess they don't want to have send people out (more costly) to turn on pilots, etc. They just stop billing in your name as of X date.
I am someone who has bought dozens of homes and I can assure you it is a stressful event regardless whether it is the first or the 30th. There are a zillion things that need to be done and events that need to mesh and come together for the closing - personally, with the buyer, with the agents, inspector, appraiser, financially, movers, insurance, and numerous other parties. Then, after the closing there is a whole other group of things that need to happen and be dealt with - movers, utility services, contractors for modifications/maintenance/repairs, locksmith, new appliance deliveries, yard care, pool care, lawn sprinkler, gutter maintenance, window cleaning, etc., etc. Some of these may not apply to everyone of course, it's best to make a list (pre-closing & post-closing) or all the things that need to happen. Some are a must happen event...and some are less important. I would say that turning on utility services should be somewhere on the "must happen" list.
Lastly, a seller most likely is heavily involved in both selling a house and also buying a house - a double whammy. The last thing he needs is to waste time making sure the buyer of his house is planning on having utilities turned on...or changing locks...or arranging for whatever. This is NOT the seller's responsibility!
Excellent post! I repped you on this particular post, but it goes for all your posts on this thread. Said it perfectly!
Were the buyers at fault for not transferring the utilities to their own name and for approaching the seller directly? Yes.
Did the seller's reaction reflect badly on the seller and, while understandable, was it inappropriate to send it to the buyers Yes.
Seems to me nobody came off looking very good in this one.
Seems to me the buyer most definitely crossed-the-line in stating they would go after the seller's insurance company and also the seller personally to recover damages for what is unquestionably the buyer's own ignorance. While the seller's response may not have been the most kindest message I can't really fault him for making it crystal clear that the buyer's demand is ludicrous at best...and actually very stupid. I suspect he made that retaliating point because of the what the the buyer said. Personally, I don't have a big problem with it because the exchange was between two private parties. However, if the exchange had involved a respresentative of a business (e.g. real estate company) the seller's response would not been appropriate. However, let me quickly add that I can't imagine a representative of a business (e.g. real estate company or other) crossing-the-line with demands like the buyer did. That said, the buyer almost asked for (and deserved) a crude reply because of his crude and stupid demand. Sometimes you communicate back with people much like they (first) communicate with you. I'm guessing the seller's response may have been more tactful and less crude if the buyer had been more tactful and not shown his stupidity. While neither party came off looking very good I believe both parties were able to communicate so they both now know where the other stands. The buyer may have forgotten or overlooked the need to activate the utilities, but he really is stupid (literally) to threaten the seller with action to recover damages for his own ignorance. I'll stand with the seller.
wait wait wait!! Why didn't the OP have the water turned off too????? Had it been, might not have been as big a mess
where are you OP?
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Why didn't the OP have the water turned off too????? Had it been, might not have been as big a mess
