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Subject:
Who will clean the home after seller moves out on the day of close of escrow?
Category: Business and Money Asked by: srivandan-ga List Price: $5.00 |
Posted:
26 Dec 2002 17:29 PST
Expires: 25 Jan 2003 17:29 PST Question ID: 133710 |
When there is no explicit condition in the sales contract, who will be responsible for cleaning the home (such as cleaning carpet, making sure there is no dust in the home, etc)? Is it seller's responsibility? Or is it buyer's responsibility since without the cleaning condition in the contract, it may be deemed an As-Is sale? Also if the buyer were to pay a janitorial company to clean the home after possession (within 2 days), will the seller be held liable to pay for it since he didn't clean the home after moving out? If there is a law governing this one, pointing me to the right place would be a great help. |
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Subject:
Re: Who will clean the home after seller moves out on the day of close of escrow?
Answered By: aceresearcher-ga on 26 Dec 2002 18:44 PST |
Greetings, srivandan! If the sales contract was written properly, it should already include a provision for a "walk-through" the day or evening before, or morning of, the day the closing on the property is to take place. The purpose of the walk-through is to permit the buyer to verify, prior to signing anything, that the property is in the same (or better) condition as when the offer was initially made and accepted. Furthermore, if the sales contract specified that certain repair(s) were to be made, the walk-through is the time to verify that those repairs have in fact been completed. If the sales contract specifies that the home is to be in "move-in" condition, that means that the seller is responsible for cleaning the property to the point that it is clean enough that the buyer should be able to move in, unpack, and put things away, without having to do more than at most a wipe-down of surfaces. To enforce this provision, however, the buyer must do the walk-through and raise the issue of the house not being clean enough prior to signing the papers. However, if the contract only specifies that the property is being sold "As Is", then it must only be as clean as it was when the offer was made and accepted. If it is substantially more dirty, the buyer may have the right to require the seller to 1) clean it before the buyer will sign the papers, or 2) agree in writing to pay for the cleaning bill if the buyer goes ahead and closes as scheduled. Unless the contract specifies "clean and in move-in condition", and the buyer claims PRIOR TO CLOSING that this condition has not been met, then the seller is not under obligation to pay for any cleaning done by the buyer after closing is completed. Before Rating my Answer, if you have any questions, please post a Request for Clarification, and I will be glad to see what I can do for you. I hope this Answer provides you with exactly what you needed! Regards, aceresearcher |
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Subject:
Re: Who will clean the home after seller moves out on the day of close of escrow?
From: neilzero-ga on 27 Dec 2002 08:29 PST |
Ace gave a good answer. A walk through should be schedualed shortly before closing (Is that the same as the day of close of escrow?) to be sure both parties are satisfied. Both buyers and sellers should take some video with date and time at this walk though in case the place gets messed up just before or during the closing. Any further concessions after the closing to the buyer are unlikely unless the seller will admit they have been unfair. In special cases you might succeed in small claims court. Laws are different in each State and country. Neil |
Subject:
Re: Who will clean the home after seller moves out on the day of close of escrow?
From: ddelphi-ga on 30 Dec 2002 08:45 PST |
My advice is to make absolutely sure that the contract states the the house will be in "move in" condition. When we bought our house, the sellers moved out two days prior to our moving in. When we took possesion of the house the day before we moved in, the house was trashed. The place was filthy to the extent that we could not move in. I complained quite LOUDLY to the realtor who sold us the house and he paid a service to come in and clean the place and haul away the trash left behind. In fact, when I went over to supervise the cleaning, the realtor himeself was scrubbing the bath tub. The moral: Get it in writting. Our realtor was under no obligation to have the place cleaned, but he was an honorable man and paid for it out of his comission. Not all realtors would have done the same thing. Congratulations on the new house! May it be filled with years of joy and happiness. - ddelphi |
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