Monday, December 28, 2009

Do I need to worry about the short sale seller trashing the property when he leaves?

Good question and it really applies to all sales, not just Short Sales.  The purchase contract is a legally binding contract and allows for you to have a walk through before closing to ensure that the property is in the same condition as when you write the contract, ie. no walls moved, flooring changes, etc. unless you were already told about them.  So, if AFTER closing the folks move out and the property is significantly different than when you did the walk through a few days earlier, then it becomes a legal matter.  The chances are small.  The damage and missing appliances type of malice you may be referring to happens really more with bank owned properties as the people are being evicted.  With a short sale, no one forces the seller to sell, they choose to do so to preserve their credit.

  One note:  there are cases where a light fixture- maybe a chandelier- is missing that the buyer thought was included in the sale.  Normally anything that's attached is "real property" and goes with the house.  But maybe it's a family heirloom. Also, sometimes they take "personal property" that you thought you were getting. This is why you need to be specific in your offer about what you want and the seller needs to disclose what's NOT included. 

  So to put you at ease, please note anything that you can think of that you are expecting/wanting to be there at closing and make sure that your agent clarifies it with the seller.

Posted via email from Lisa's Real Estate News

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