Talk of The Villages Florida

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-   -   Closing day walk through (https://www.talkofthevillages.com/forums/villages-florida-new-members-forum-115/closing-day-walk-through-289460/)

Velvet 04-10-2019 04:02 PM

Closing day walk through
 
How important is closing day walk through on resale house? What can you do if you can’t be there for some reason?

retiredguy123 04-10-2019 04:13 PM

I would be there, if possible. Especially, if there was furniture in the house when you decided to buy it. You may see defects that were hidden by the furniture, pictures, rugs, etc. Also, you need to check to see if items that were supposed to remain are gone or replaced with inferior items. It happens.

OrangeBlossomBaby 04-10-2019 04:15 PM

Have someone do it on your behalf. No idea if this has EVER happened in the Villages, or to anyone that anyone on this forum has ever met, or known about. But it did happen to my cousin-in-law:

He closed on a house across the street from where he was already living; the new property was more suitable for his disabled son, easier parking, and better view of the beach half a block away. He closed without a final walk-through.

They went that evening to change the locks, and the previous owners had gutted it. Completely. No toilets, no sinks, the carpeting had been ripped up, the counter torn apart, the pipes sawed out of the walls. It took them over $50,000 and a month to fix it. They had already sold their old house and had to pay for a rental for a month while their new house was being repaired.

Caveat emptor, always. Always, always do a final walk-through on the day of sale. If you can't do it personally, arrange (or hire) for someone else to do it on YOUR behalf.

Mosells 04-10-2019 04:17 PM

It’s very important. Is the house in the same condition as when you signed the contract. Has any damage occurred. If you cant attend the walk thru, can the agent who represented you on the buyers side attend the walk thru. Is everything in the same condition. Your agent owes you a fudicary duty to represent your best interest. Good luck.

retiredguy123 04-10-2019 04:21 PM

Quote:

Originally Posted by Mosells (Post 1640687)
It’s very important. Is the house in the same condition as when you signed the contract. Has any damage occurred. If you cant attend the walk thru, can the agent who represented you on the buyers side attend the walk thru. Is everything in the same condition. Your agent owes you a fudicary duty to represent your best interest. Good luck.

Real estate agents DO NOT represent buyers. They only represent sellers. They may have a fiduciary duty, but they do not represent you as a buyer. I would not rely on a real estate agent to conduct a walk through on your behalf, as a buyer. Attend yourself, or get someone else to do it.

Velvet 04-10-2019 04:21 PM

I have only a listing agent and the house is vacant.

gatorbill1 04-10-2019 04:28 PM

I once had AC go out during walkthrough, I was told to watch for it from inspection report. Rather than repair, had seller pay for 1/2 of new AC.
Last closing here in TV, we found that the old furniture that was supposed to be removed, was not, and that the place was not close to being live-in cleanable. Had furniture removed and cleaning service called in from money withheld at closing. PS furniture was so bad that Salvation Army would not take it.

retiredguy123 04-10-2019 04:29 PM

Quote:

Originally Posted by Velvet (Post 1640689)
I have only a listing agent and the house is vacant. I do not have a buying agent because I bought from Open house. I thought if I can’t go myself then I would get a home inspector. Is there anyone else who could do a walk through for you?

Getting a home inspector is a good idea. Or, if the house is vacant, you may want to get someone you know to go through the house and take detailed photos, several days before the closing, if possible.

villagetinker 04-10-2019 04:37 PM

I would go with the home inspector, you can call and discuss what was agreed to between you and the seller. The inspector can take pictures of any questionable items, probably $300 to $500 very well spent, if you cannot make it to closing.

Velvet 04-10-2019 04:38 PM

...

Mosells 04-10-2019 04:39 PM

In that case I would do my best to attend. Retiredguy is incorrect, I’m as active real estate agent. There are sellers agents who listed the house and represents the sellers. there are buyers agents who took you to the house and represents the buyers. It would have cost you nothing to have been represents by your own agent. In your case the selling agent made the entire 6% commission, instead do splitting the commission with a buyers agent who incidentally would owe you a fudicary duty and would have been at the walk thru. I suggest that you have a conversation with the sellers agent and explain your situation, and inform her/him that should there be an issue if the condition of the house they would be dragged into a lawsuit. Back up the conversation with an email.

retiredguy123 04-10-2019 04:41 PM

I would think that, if you paid for a professional inspection after signing the sales contract, that the same inspector would attend the walk through for a nominal fee.

Velvet 04-10-2019 04:44 PM

I was hoping the original inspectors would do it, but they made it clear that they didn’t want to do the walk through.

Velvet 04-10-2019 04:47 PM

Quote:

Originally Posted by Mosells (Post 1640698)
In that case I would do my best to attend. Retiredguy is incorrect, I’m as active real estate agent. There are sellers agents who listed the house and represents the sellers. there are buyers agents who took you to the house and represents the buyers. It would have cost you nothing to have been represents by your own agent. In your case the selling agent made the entire 6% commission, instead do splitting the commission with a buyers agent who incidentally would owe you a fudicary duty and would have been at the walk thru. I suggest that you have a conversation with the sellers agent and explain your situation, and inform her/him that should there be an issue if the condition of the house they would be dragged into a lawsuit. Back up the conversation with an email.

There was no buying agent.

retiredguy123 04-10-2019 04:49 PM

Quote:

Originally Posted by Mosells (Post 1640698)
In that case I would do my best to attend. Retiredguy is incorrect, I’m as active real estate agent. There are sellers agents who listed the house and represents the sellers. there are buyers agents who took you to the house and represents the buyers. It would have cost you nothing to have been represents by your own agent. In your case the selling agent made the entire 6% commission, instead do splitting the commission with a buyers agent who incidentally would owe you a fudicary duty and would have been at the walk thru. I suggest that you have a conversation with the sellers agent and explain your situation, and inform her/him that should there be an issue if the condition of the house they would be dragged into a lawsuit. Back up the conversation with an email.

Sorry, but I am not incorrect. Real estate agents do not have a contractual agency relationship with buyers. A fiduciary duty is totally different from a legally binding agency contract. The only legally binding agency contract is between the real estate company and the seller. If the buyer does not pay any money to the real estate agent, then there cannot be a contract. Basic contract law. If a buyer tried to sue a real estate agent for improper representation, the case would be thrown out of court because they do not have a contract for representation. Sellers do have a contract. That is the difference.


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