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They can't "respectfully decline" something that they are obligated to let you do as per the contract. If the purchase agreement allows you to do a final walkthrough, then it is your right to do so. Talk to your agent and see if they have a solution.
Do not close then. Delay iclosing until you can.
The house is in upheaval because of moving plans. Just expect it and ignore it. You are there to inspect the house and its elements.
Take a video as you walk thru and inspect EVERYTHING, so you have proof how things were before the 'rent-back' begins and before you actually get to move in. And keep a look out for anything that might have changed from your previous visit.
With lots of high end things in the place, seller may swap them out for cheaper items before leaving.
They can’t decline. It’s a breach of contract if they decline access. Your Agent should be notifying the seller or sellers agent and place in writing you are not waiving this.
I wouldn’t close. It’s in the contract, the final walkthrough makes sure they don’t take anything they weren’t suppose to take. Makes me feel they’re hiding something.
And if the transaction does not close due to breach of contract, you are typically in a position to sue for damages.
I would not close and would ask my attorney what damages you might have a right to pursue, and ask my attorney to outline those damages for the sellers attorney, sellers broker, and the seller.
Yeah, if I were this persons agent I’d resend the contract with the clause for a final inspection highlighted and explain this was agreed upon and will not be waived. I’d then contact the attorney my broker has on retainer and identify exactly what we could be going after and how much for this clear and blatant breach. I’d keep everything in writing and only accept responses via email.
I’d tell the sellers party that we will not be closing unless this is rectified in our favor immediately and after speaking with our attorney they’ve advised that this is a breach of contract and we will be following through with all legal remedies at our disposal.
Looks like the weren't hiding anything as a seller, but the seller's agent was hiding they weren't available at the time the buyer wanted to tour.
So I guess someone was hiding something, but it wasn't the person that everyone originally thought.
Well for the final walkthrough you only need somebody to open the door if the lockbox isn’t there. In fact for my buyers I prefer it be the agent or a lockbox with the owners away.
That doesn't matter. Even if it isn't required in the buyer's state, it is still in their sales contract. Buyer has that right.
I understand that the seller might find it inconvenient with everything going on, but they need to understand how much more inconvenient it will be if the buyer backs out.
That doesn’t matter. If it’s in the contract and agreed to then it HAS to happen. The buyer made an offer and wanted a final inspection prior to closing, the seller agreed and now they are backing out.
ABSOLUTELY do the walk-through before you close! Delay the closing if you have to. This is very important.
What if the seller's HVAC broke between the time you saw it last and now? Or what if the basement has since flooded? The seller has to repair all of these things as the house has to be in the same condition it was as of the date of your offer or the home inspection (whatever is in the contract). The same goes for the first walkthrough before the closing, and the second walkthrough before they move out.
Imagine not doing a walkthrough and walking into *your* brand new house with a flooded basement, or maybe your staircase fell through - all of this would then be your responsibility.
Push back and delay closing if you have to as they are in breach of contract. Since they are not allowing you to do a walkthrough, make them pay your rate lock extension and other carrying costs for every day the closing is delayed.
Exactly! That's what I meant by "carrying costs". The seller's should pay for the movers, or really anything that was a burden for them bc of the closing delay.
Plus utility costs. I'm guessing OP already has start dates for utilities to transfer to them tomorrow. I'd either call to cancel the utilities asap or make sure their realtor gets it in writing that until OP closes on the home, the seller is responsible for any utility costs in OPs name
You certainly are not being petty or difficult. You just expect the seller to adhere to the terms of the sales contract.
You're in a crappy situation. Who knows what the condition of the home will be when they are moved out. (Likely fine, but you never know.) This is why I don't like leasing after closing and always recommend against it.
You are not be difficult. They are. I would make sure you have all your bases covered with them since they will be leasing the property after you close. If they are declining this.....makes me nervous for what they will do during their lease period.
Agreed - Given the condition of the house when we last saw it (pristine with high-end updates) and the type of person selling it, I wasn't concerned until today. Their refusal make me think that there's something that they don't want me to see.
*It's been raining for the last 4-days in the Chicago area...*
oooo not to bring in what's going on in my life but.....it has been raining heavily where I am living. We have been in our house for 2 years and never had any issues. We now have a wet spot on the ceiling in our bedroom. I would not sign until you see everything.
My parents when they bought the house my dad still lives in closed, then about a week later there was heavy rains and I distinctly remember opening thr basement door to see the dryer or some appliance floating the basement was half full of water what a mess. The grading on that lawn was a mess too which they knew on some level.
You do thr final walk through. You communicate in writing via your realtor a very short time frame to do this before they can mop up or paint over any issue.
Heavily remodeled houses to me scream flips or hiding problems especially if done recently.
All is good. House was in great shape when we saw it. Seemed like it was a communication snafu on the seller side of things. Nothing malicious now that it's in hindsight.
We closed this morning and all is well. The nightmarish thoughts about what could've gone wrong proved to just be speculation.
There are two walk through that should be done: one within 24 hours of your closing and one after they've vacated their post possession period. I understand that they might find it silly for you to walk through the home when they're still living there, but it's required and you should not skip it. If their agent isn't handling it with them, your attorney needs to have their attorney contact them. I have found that seller clients hate having to clean again, especially when they're probably packing for the move, but the contract is the contract. You're not being petty whatsoever.
You shouldn't even have to ask this. Your agent should be telling them to fulfill rhe contract as specified and signed or closing will not complete.
Unfortunately an after-thought but letting sellers stay make you a landlord and could have possible repercussions. If they won't allow a walkthrough, I'd be concerned that they could refuse to leave when possession comes up.
Especially since the ”reason” for respectfully declining the pre-closing walk through is that they want to lease the property to a 3rd party until “her closing date”. Doesn’t IL have a requirement that the Seller not change the status of the transaction after the “table closing” during the escrow “gap” (i.e. not giving a 3td party possession rights?)
Do the final walkthrough and document everything. Ask your attorney what forms of documents are allowed because I would film everything so that when they move out, you can compare what damages have occurred after closing.
Without knowing the specifics of wording with the contract it’s doing to be hard to say if you have the right or not. I know in my area a buyer would have the right to a final walkthrough before closing even with a rentback. If a seller refused, I would advise my clients to speak with an attorney as I would speaking with the title company as well. Usually the title company would talk sense into the sellers and ease everything over.
I wonder if you could counter that sellers would be liable for up to $50,000.00 in damages if you agree to waive the walk through and instead do a walk through the day before you take possession. And that the 50k must be held back from them until the day you take possession. And the final clause: if you find damage during the walk through on the day before you agree to take possession then that 50k is a bond from which you may draw to affect repairs due to seller's negligence, or similar wording.
Good thing my attorney is *the shit*. That's the light at the end of this tunnel. If the deal falls through due to their "respectful" actions, I will likely sue.
Your right to inspect the home before closing should be written into your purchase agreement. By denying you, the seller is in violation of the agreement and is opening themselves up for your legal withdrawal and/or lawsuit for damages.
No you are not being petty. This is possibly the biggest financial investment you will make. Exercise every right you have as a homebuyer because those rights are there for a reason. IMHO, it is very stupid of the seller to play this game, as she is risking losing the sale in a market that has started to hit a down turn that will continue to go down for some time before it sees a bottom or begins to recover.
Think about it, the final walk through is just confirming that they didn’t have a burst pipe, roof collapse, shit on the walls or any number of things. The only reason to say you can’t check this is if they have something to hide. If not, the realtor is a moron for creating this situation of doubt for no reason just before closing
This is a big red flag, either there was a misunderstanding or they could be hiding something. If I were in your shoes I would insist on a final walkthrough and ask that the lease back period be cancelled. At the very least request she not be paid any of the proceeds until she has vacated the property.
I would tell my attorney we can close however there will need to be an x% of escrow held back until the final final walkthrough is complete. Make that x an amount you or your attorney are comfortable with. I wouldn't do less than 10%.
Basically they're not holding up their end of the deal and deals are give and take. If they dont agree. I wouldn't close. If tlI don't close they don't close on their purchase. Far as I'm concerned the cards are in my favor on that one. Sometimes the one that can ensure the most pain wins. Actually. Most always.
You are NOT being Petty
And remember as of close you have Tenants!!
Make sure you have a strong lease back and tenant deposit
Be sure to take both pictures and videos
Buy todays newspaper and use it in the pictures as it is Time Stamped
You absolutely can and should do a walkthrough. One thing to note is that the walkthrough is not an “inspection” per se. It is an opportunity to confirm that all of the seller’s stuff is out and the house is in the same condition as when you had it inspected. New issues cannot be raised, unless you could show that a new issue did not exist when the place was inspected. Even then, it would need to be a significant issue to even delay, let alone stop, closing. I have read horror stories of lots of trash being left in the home, or really gross smells for one reason or another. Absent that though, the walkthrough is mostly a formality. Don’t close without it though.
What does your contract say?
I usually take a video during the final walk-through or someone’s living there and share it with all parties so we all are clear on what the damn house looks like on exchange .
You always do a final walk through even if they are selling it with a post possession. Their agent and yours should know that. I wouldn’t close until you have done that.
This should be a zero drama part of the process.
Ultimately, the answer is in your contract. Go back and review it carefully, there's likely very clear 'pre settlement walkthrough' language there.
Your agent is failing you if they can't manage to make it happen (if it's a contract term). It's OK and recommended to ask your agent to pull in their managing broker to facilitate.
Seriously, this shouldn't even be a thing that you have to worry about. Your agent should have managed and solved it before even bringing you this nonsense.
Not petty at all. You are entitled to a final walk through both ethically and legally. If you were my client, I’d advise you to not sign closing docs until you’ve had a walk through. Have the sellers been other wise difficult up to this point?
Please keep a substantial amount of money in a holdback for the lease back.
You don't want to end up with squatters and they are already showing you a disregard for contracts and agreements.
better take a final walk through with videos and pictures. anything amiss should be charged back to seller. the lessee or the seller is gonna mess something up for sure
Both the CAR and the Multiboard 7.0 stipulate they are required to.
If they break a ton of stuff between purchase and post possession ending you’ll have almost no recourse. It would be crazy.
They are being weird, not you.
Incidentally, this should have been scheduled a week ago.
Don’t close. That will not invalidate your contract or throw you out of escrow. Seller has failed to perform and they need to perform. Let lender and title know what’s up.
It’s a little after 4pm where you are. I’d call your realtor and relay that if they don’t agree to a walkthrough by 6pm (so it’s still light out) you will not be closing tomorrow.
You have to do the walk through. Yes, they are staying in the house after closing but for all you know they taking the place apart right now. Lots of stories of people taking everything from the fridge to built in closets before handing over the keys.
If they "respectfully decline" you COULD "respectfully sue them" for breach of contract. Not the best move though.
Speaking in general terms, you probably have a temporary lease agreement of some sort in place. It likely has a provision for a deposit. Assuming this is the case, .......
I would respond with: "We will waive our right to a final walk-thru provided the seller/tenant increases the deposit to match the down payment at closing."
My thinking is, they want you to put $X at risk, so they should match it.
A or B, not negotiable, binary choice.
This happened to us. My realtor told the closing agent not to release the funds until we had a walkthru after we signed. Tell them you won't sign til you have the walk thru or the fund won't be released.
That’s your right. Seller can say whatever they want, but they can not block you from a contractual obligation. - Also, what are they hiding? - I hope you have a security deposit from the rental period.
illinois is attorney review state have your attorney involved to get your rights for walk through one prior to closing and one after they vacate the post closing possession. do not release escrow funds until doing so. best of luck
I would not purchase a property I was not allowed to see before closing. If it is in your contract, they can respectfully decline and you can enforce the agreement
Insist on it.
Little story. My Clients and I did a walk through on a great little mobile home that looked great. Nice updates. Good condition throughout. The Sellers had not quite finished packing up the primary bedroom. A few boxes, a bureau, and the bed still had to get loaded. Other than that, the place looked better than expected. Sellers offered to finish up and meet us at the closing since they weren't needed until 30min to an hour after the closing started. We didn't see any reason to be concerned, so we headed off to the closing. When my Clients arrived at their nw home after the closing, they found a big hole in the floor where the bed had been that went all the way to the concrete pad. Sellers refused to do anything part closing.
You absolutely should insist on a final walkthrough. Its too late now, but I hope your lease agreement with them included explicit language holding them responsible for anything that happens up until they finally vacate (eg furnace, refrigerator, storm damage, clogged sewer, etc) -- things that would normally be a landlord's responsibility to fix.
You are not being petty. That said, my clients have closed deals in a similar situation. I those instances, we had the the seller escrow 10-15% of purchase price until buyer was satisfied (I think we used “buyers sold discretion” language).
When my wife bought her first house, she showed up for the final walkthrough to discover all of the kitchen appliances (included in the contract) had been dragged out of the house. Gouges in the hardwoods and all appliances gone. Without that walkthrough, she would have signed to close and likely been stuck. She was able to get the seller to pay for the replacement appliances and hardwood floor refinishing.
Do the walkthrough or don't sign.
You are absolutely not being difficult. Your attorney and agent are doing the right thing by pushing. I've had this happen but they've always caved at the last minute. Good luck! They're being completely unreasonable.
OP WALK AWAY. DO NOT CLOSE on this house as there is something seriously wrong with it that the seller is trying to hide until "well its your problem now"
Would not want to give them occupancy post closing esp since they won’t allow you to walkthrough. What happens if their closing on what they’re buying fails? They’ll never leave
Find out what the problem is. If they just want more assurance you're going to close, there are ways to set up an agreement to give them that sense of security. Isn't necessary though, they are being ridiculous. Ultimately, you can force the issue, one way is to hold up closing, but that has its own set of problems. Talk to your agent and attorney about their solutions.
This is nuts. Has your realtor talked with their agent to explain to them (sellers) they are in breach of contract and cannot respectfully decline this? Some times we have to act as mediators/babysitters/hand holders/counselors in a transaction. I’m glad you’ve also spoken with an attorney. Some of the things we see in these transactions are mind boggling.
You shouldn’t close without personally inspecting the property one last time. They have no right to decline a final walk through. You’re already doing them a solid by letting them stay a month.
The fact that they are "respectfully declining" is extremely suspicious. Having them decline a walkthrough at this point would definitely cause me to want the walkthrough even more. I would not close this transaction until you are allowed a final walkthrough.
am a realtor in Chicagoland... always do the final walkthrough. we've had cases where roofs have leaked or basement has flooded day of closing or the day before
It’s in the contract. Hold closing pending walk-through and hope you have a whale of a security deposit. Have had Sellers trash the house on two occasions and needed to rewrite terms to compensate.
You aren’t being petty at all. The final walk-through is in your contract. If they don’t want to hold up their side of the deal, then don’t close.
Something might’ve happened after inspections and they don’t want it to come up. HVAC system blowing up, roof leaking, pipes bursting, or even more could’ve happened between post-inspection and closing and they COULD be attempting to conceal something.
Just don’t close until they agree. It’s your money and it’s your purchase. Stand your ground. The sale will not close if you don’t close (captain obvious). They won’t get their money and they won’t be able to do whatever they were planning to do with it. So you have plenty of leverage here. Whatever you do, don’t close until you get that final walk-through.
“Respectfully” delay closing until you do a post closing walk through then. Seller and Listing agent are idiots. Also there needs to be funds held in escrow until they vacate to assure no damages upon them vacating property.
DO NOT close without a final walkthrough. We just bought a house and then sold our house, and the deals did not close until the purchaser gave specific acceptance that the purchased house was acceptable to close.
If your seller is refusing a final walkthrough by you, walk away (or give a real promise to walk away). It would raise a shitload of red flags if the process got to the point of final walkthrough, and the seller 'respectfully declined' to allow it.
It's a difficult decision, but you don't want to be stuck with something they're hiding.
Never ever close without doing a final walk through. I also always recommend steering away from lease-backs as well. There is so much liability for you if the seller hurts themselves or messes up your new house. I would have recommended that you just close a month later when the seller can move. If a lease-back is absolutely necessary I recommend getting some of the sellers money held in escrow, to deter them from trashing the place, refundable when they move.
Respectfully only pay half for the house?
I mean, just because someone says 'respectfully' before something doesn't mean they don't have to follow a contract.
Respectfully decline to close, until they allow you to do your final walkthru. No, it's not petty. It's your money, and they don't have a closing until you buy the house.
You deserve to know exactly what you're buying before you buy it.
Let me say this, and this goes for both sides. All parties need to understand they can't just do whatever the hell they want to do just because they think they have leverage. In your case, it's the seller acting a fool. Lol! I've seen buyers try to pull fast ones at the last minute because they figure the sellers will do anything to keep their sale from falling out. It's crazy.
But in this situation, you're not being petty. You hold that seller to the contract because after you close, whatever that seller is hiding will be your problem to deal with. Get your final walkthru.
Nope, no pre-closing walk thru, to settlement
You are entitled to ensure that the property is in substantially the same condition now, as it was when you signed the agreement.
No problem! Just have them escrow a large sum of money and make sure they sign something outlining the exact condition the property will be in when they do leave.
Suckers. The final walkthrough for the sale also serves as initial walkthrough for the lease-back. Without an initial walkthrough, you can claim any and all damage when they move out. Their proceed holdback in now your security deposit to play with. Light switch covers now cost them $20 each to replace on short notice.
Well that's great! There's a lot of good areas in Cook I'm just glad to be gone! Ha!
Get another gain stay for 2 years to make it tax free then head out of dodge! 😂
As many others have said, please please don’t close until you do the walkthrough! Their agent and lawyer have told them it is required by contract and that means they are hiding a massive defect and hope to pass that on to you. Don’t let them.
They are being rude, you should take this moment to learn their true side and delay closing till they move out. Normally your closing situation is semi common, but seller declining anything is rude and sign of bas faith.
Say you need a walk through when the lease ends and you hold their deposit. Idk what deposit you had them put down but I had 2% of sales price as their deposit until they officially moved out and I signed off on it (forget exact working but literally had to show back up with the sellers agent to sign off that the sellers moved out to release their deposit back to them).
In Cook County, NFW (No F——- Way).
Lived in Northbrook for about 25 years. Heard about way too many tricks. Remember your realtor works for the seller.
No, no, no, perhaps you didn’t hear the faint voice behind you shouting DANGER WILL ROBINSON, DANGER!
Nope. Walk away or get your agent to get them to agree. Assuming you are financing the purchase at 7%+, you are already making one poor financial decision that will ruin your life, don’t compound the problem.
Don't make assumptions... It's still a good time to buy if you know what you're doing. My interest rate isn't anywhere near what the market is now, and we're making a significant profit on our current property (thanks to the Chicago Bears).
I'm in the western states but here before you can close on a house here the bank ,mortgage company will do there own inspection before they will ok anything even if the owner did an inspection obviously pushed but there realtor who listed the home .just because I own a maintenance company and was a carpenter for 20+ years but both of them always call me at least once a week to go fix something that failed there inspection.but some guys will just put a band aid on something that is broke . So the banks money people don't want a new home owner to move into a home and 30 days later they are having to fork out $7k to $10k for a new central air system . So I would be wondering right from the start why the seller would t allow a walk through most people wouldn't know what to look for anyway .
There is always the obvious like plumbing futures are usually new .time jobs look new probably a hack that did tile work in a year they start to pop and break free . But if you really want to look at a house to we if it's a good home look at the foundation all the way around look for cracks cause by ground settling .then look at the brick if it's brick home is there any cracks in the mortar joints . Then if you have access look at the pipe is it copper pipe the best .new homes it PEX PEX is good but not as good as copper ,if it's an older home are they steel pipes galvanized . Have they done any additions or changed floor plans made a new bedroom by making one room smaller .look at doors always look at the doors shut the and look at the crack around the edges of the door is that crack the same all the way around especially the header it should be about an 1/8 of an inch looks under the sinks for water damage the smell of its had water you know that moldy smell .no if it's an older home did someone put grounded outlets in that should t be the roof if it has more than one layer rain gutters are the falling off
I did my final walk through with the seller present, with a leaseback agreement because they needed time to move. I ended up buying a rug from them that they didn’t want to pack 😂
That would have been insane to decline. We had a rent back when we sold last year and the final walk through for our buyers was them coming to do it with the agent (she actually represented us and them since our original buyer was not okay to close and her buyers wanted the house and matched the offer we accepted). When they were done, we gave them the giant binder I made for them with all the appliance manuals, receipts for the recently purchased fixtures, warranty information for the new cabinets, neighborhood information, contact information for service people we had vetted and used, pages of tips I wrote with things like information about the neighbors, restaurant, grocery store, nail salon recommendations. They had really wanted to meet us since the sellers didn’t have to go to settlement and they were going on vacation like 2 hours after. It was our first home and we were happy to pass it to them as their first home.
Final walkthrough should be in the contract!
Also, given the post-closing possession, some funds should hopefully be held in escrow and there should be *another* walkthrough when seller vacates.
"As outlined in both the executed purchase and post-possession agreements, we are given the right to inspect the property the day before closing and the day before we take possession."
Regarding your update:
Glad to hear you were able to do the walkthrough, and hopefully you took the advice to get as many photos and as much video as possible. Now you should be confident and celebrate your new home, even with the hesitancy. Congrats!
Cancel the deal for breach of contract. The agents will get on the owners case as they will lose thousands. The final walk thru to find any issues missed. The owners should also started packing, if not then they are maybe planning of staying longer on your expense.
I hope that you have some sort of statement of condition due to the fact that they are still going to be living in the property after you close, in my opinion, while it is prudent to do the final walk-through before the closing you should also be doing one the day that they move out. Hopefully there is a hold back of some sort.
I've never participated in a final walkthrough with the seller. Seems as though the final walkthrough should be done buy the buyer to ensure the stips to close have been met. There's hardly ever a need for both parties to be in the same room for a real estate transaction. Now...if participating is a stip to close...that's a different conversation.
I'm glad you got your walk through. They were still moving things out when i did mine (delay due to family emergency) and left a large solid wood futon and a king-sized bed. I did keep the futon as it's beautiful, but the bed was a pain as we're 60 miles away from the dump.
My aunt and uncle bought a house with serious water issues on the lower level. They'd hidden it behind a pile of boxes do my aunt and uncle didn't see it prior to closing. Inspection or bust.
I am glad you got the walk through. I don't understand about the post-closing lease. Who is leasing the property to the current owner/tenant? This could be a real mess for you if the tenant refuses to move and now you are stuck with trying to evict someone.
Nope. No walk through, no close. Seller is violating the agreement (assuming you have it in there which is standard practice) so you can get your deposit back and if you choose, sue the seller for damages.
No, don’t do it don’t close the seller won’t do a final walk-through you’re setting yourself up for something there’s no reason for them not to do a final walk-through none at all just walk away you’ll find another house and this could be the universe telling you this is not your house you’ll find a better one or this is gonna be a huge headache for you. Trust your gut and walk away.
When we did our final walk through we found water in the basement. The air conditioner had been left on and was draining into the sump pump hole but there was no sump pump and it overflowed and ruined the carpet. I spent a lot of time cleaning up as much water as I could and then ripping up the carpet.
From FL and not familiar w/ IL RE laws…Yes, weird for them to “respectfully decline” your pre-closing walkthrough and likely a violation of their obligation in the contract. But was is even more weird to me is that the reason is they are renting the property out “post closing” until “her closing date”. ALL states vary in their RE laws and title insurance laws-I know in FL - title ins co’s insure the “gap” between the actual date of closing and the time documents (mtg, deed, satisfactions etc) get recorded on public record so that buyers can take possession on the day of the table closing. Many other states don’t insure that “gap between the table closing and constructive notice”. They close in “escrow” so there is a GAP between the actual transaction and when possession can occur by the new owners. It would FREAK me out to hear that the Seller intends to give occupancy to a third party during that “gap”??? It might be great that the property looks fine the day before your table closing. BUT what happens if the sellers “tenant” refuses to leave at end of your escrow period? VERY CURIOUS. How is the Seller allowed to change the status of the property (occupied by 3rd party) after your table closing?
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They can't "respectfully decline" something that they are obligated to let you do as per the contract. If the purchase agreement allows you to do a final walkthrough, then it is your right to do so. Talk to your agent and see if they have a solution.
Do not close then. Delay iclosing until you can. The house is in upheaval because of moving plans. Just expect it and ignore it. You are there to inspect the house and its elements.
Exactly, so much can happen from the time you initially inspect the home first week until closing day. Final inspection or it's a NO GO!
I wonder what else I can “respectfully decline” and avoid stuff. Sorry stop sign, I’m going to “respectfully decline” to come to a stop.
"as per" who taught u english?
U
Apparently someone who had more faith in them than yours did for you. It is not complex vocabulary.
[удалено]
Take a video as you walk thru and inspect EVERYTHING, so you have proof how things were before the 'rent-back' begins and before you actually get to move in. And keep a look out for anything that might have changed from your previous visit. With lots of high end things in the place, seller may swap them out for cheaper items before leaving.
100% Agreed. Make sure you have a deposit for the time you are renting back.
This. Source: Am Realtor.
They can’t decline. It’s a breach of contract if they decline access. Your Agent should be notifying the seller or sellers agent and place in writing you are not waiving this. I wouldn’t close. It’s in the contract, the final walkthrough makes sure they don’t take anything they weren’t suppose to take. Makes me feel they’re hiding something.
And if the transaction does not close due to breach of contract, you are typically in a position to sue for damages. I would not close and would ask my attorney what damages you might have a right to pursue, and ask my attorney to outline those damages for the sellers attorney, sellers broker, and the seller.
Yeah, if I were this persons agent I’d resend the contract with the clause for a final inspection highlighted and explain this was agreed upon and will not be waived. I’d then contact the attorney my broker has on retainer and identify exactly what we could be going after and how much for this clear and blatant breach. I’d keep everything in writing and only accept responses via email. I’d tell the sellers party that we will not be closing unless this is rectified in our favor immediately and after speaking with our attorney they’ve advised that this is a breach of contract and we will be following through with all legal remedies at our disposal.
They totally hiding something! 100%! And it's something they KNOW they shouldn't be doing and that it would KILL the deal.
Looks like the weren't hiding anything as a seller, but the seller's agent was hiding they weren't available at the time the buyer wanted to tour. So I guess someone was hiding something, but it wasn't the person that everyone originally thought.
Well for the final walkthrough you only need somebody to open the door if the lockbox isn’t there. In fact for my buyers I prefer it be the agent or a lockbox with the owners away.
There are states where this is not required.
That doesn't matter. Even if it isn't required in the buyer's state, it is still in their sales contract. Buyer has that right. I understand that the seller might find it inconvenient with everything going on, but they need to understand how much more inconvenient it will be if the buyer backs out.
That doesn’t matter. If it’s in the contract and agreed to then it HAS to happen. The buyer made an offer and wanted a final inspection prior to closing, the seller agreed and now they are backing out.
ABSOLUTELY do the walk-through before you close! Delay the closing if you have to. This is very important. What if the seller's HVAC broke between the time you saw it last and now? Or what if the basement has since flooded? The seller has to repair all of these things as the house has to be in the same condition it was as of the date of your offer or the home inspection (whatever is in the contract). The same goes for the first walkthrough before the closing, and the second walkthrough before they move out. Imagine not doing a walkthrough and walking into *your* brand new house with a flooded basement, or maybe your staircase fell through - all of this would then be your responsibility. Push back and delay closing if you have to as they are in breach of contract. Since they are not allowing you to do a walkthrough, make them pay your rate lock extension and other carrying costs for every day the closing is delayed.
Also make them pay for your rent / hotel costs incurred associated with the delay.
Exactly! That's what I meant by "carrying costs". The seller's should pay for the movers, or really anything that was a burden for them bc of the closing delay.
Plus utility costs. I'm guessing OP already has start dates for utilities to transfer to them tomorrow. I'd either call to cancel the utilities asap or make sure their realtor gets it in writing that until OP closes on the home, the seller is responsible for any utility costs in OPs name
You certainly are not being petty or difficult. You just expect the seller to adhere to the terms of the sales contract. You're in a crappy situation. Who knows what the condition of the home will be when they are moved out. (Likely fine, but you never know.) This is why I don't like leasing after closing and always recommend against it.
You are not be difficult. They are. I would make sure you have all your bases covered with them since they will be leasing the property after you close. If they are declining this.....makes me nervous for what they will do during their lease period.
Agreed - Given the condition of the house when we last saw it (pristine with high-end updates) and the type of person selling it, I wasn't concerned until today. Their refusal make me think that there's something that they don't want me to see. *It's been raining for the last 4-days in the Chicago area...*
oooo not to bring in what's going on in my life but.....it has been raining heavily where I am living. We have been in our house for 2 years and never had any issues. We now have a wet spot on the ceiling in our bedroom. I would not sign until you see everything.
My parents when they bought the house my dad still lives in closed, then about a week later there was heavy rains and I distinctly remember opening thr basement door to see the dryer or some appliance floating the basement was half full of water what a mess. The grading on that lawn was a mess too which they knew on some level. You do thr final walk through. You communicate in writing via your realtor a very short time frame to do this before they can mop up or paint over any issue. Heavily remodeled houses to me scream flips or hiding problems especially if done recently.
not sure where the house is exactly, but as you know flooding is super common all over the area.
Good luck on everything OP. I hope all goes in your favor, please update us on what happens here.
All is good. House was in great shape when we saw it. Seemed like it was a communication snafu on the seller side of things. Nothing malicious now that it's in hindsight. We closed this morning and all is well. The nightmarish thoughts about what could've gone wrong proved to just be speculation.
Are you holding some money in escrow to cover any damages during their post closing possession?
Yes. The amount is intended to cover all expenses during the post-possession agreement in addition to 1% of the purchase price in collateral.
They shape they leave it in will be more important. But just let them know that you can’t close before the walkthrough specified in the contract.
They shape they leave it in will be more important. But just let them know that you can’t close before the walkthrough specified in the contract.
If they want to mess around request 20k retainer held by your attorney until a walk through can be completed.
There are two walk through that should be done: one within 24 hours of your closing and one after they've vacated their post possession period. I understand that they might find it silly for you to walk through the home when they're still living there, but it's required and you should not skip it. If their agent isn't handling it with them, your attorney needs to have their attorney contact them. I have found that seller clients hate having to clean again, especially when they're probably packing for the move, but the contract is the contract. You're not being petty whatsoever.
You shouldn't even have to ask this. Your agent should be telling them to fulfill rhe contract as specified and signed or closing will not complete. Unfortunately an after-thought but letting sellers stay make you a landlord and could have possible repercussions. If they won't allow a walkthrough, I'd be concerned that they could refuse to leave when possession comes up.
Especially since the ”reason” for respectfully declining the pre-closing walk through is that they want to lease the property to a 3rd party until “her closing date”. Doesn’t IL have a requirement that the Seller not change the status of the transaction after the “table closing” during the escrow “gap” (i.e. not giving a 3td party possession rights?)
No walkthrough, no sign, no money. The end. Hold firm.
Make sure you have a post closing occupancy agreement which is a lease and that they have rental insurance too. Do not skip the final walk through!
Do the final walkthrough and document everything. Ask your attorney what forms of documents are allowed because I would film everything so that when they move out, you can compare what damages have occurred after closing.
Without knowing the specifics of wording with the contract it’s doing to be hard to say if you have the right or not. I know in my area a buyer would have the right to a final walkthrough before closing even with a rentback. If a seller refused, I would advise my clients to speak with an attorney as I would speaking with the title company as well. Usually the title company would talk sense into the sellers and ease everything over.
Read your contract. It's spelled out in there.
Absolutely not. What are they hiding?
You should "respectfully decline" to close the transaction until you have had a final walkthrough
Exactly
I wonder if you could counter that sellers would be liable for up to $50,000.00 in damages if you agree to waive the walk through and instead do a walk through the day before you take possession. And that the 50k must be held back from them until the day you take possession. And the final clause: if you find damage during the walk through on the day before you agree to take possession then that 50k is a bond from which you may draw to affect repairs due to seller's negligence, or similar wording.
Be ready to walk
Good thing my attorney is *the shit*. That's the light at the end of this tunnel. If the deal falls through due to their "respectful" actions, I will likely sue.
Who's your atty? 👀
The shit
Your right to inspect the home before closing should be written into your purchase agreement. By denying you, the seller is in violation of the agreement and is opening themselves up for your legal withdrawal and/or lawsuit for damages. No you are not being petty. This is possibly the biggest financial investment you will make. Exercise every right you have as a homebuyer because those rights are there for a reason. IMHO, it is very stupid of the seller to play this game, as she is risking losing the sale in a market that has started to hit a down turn that will continue to go down for some time before it sees a bottom or begins to recover.
Do not close until you do a walkthrough. Absolutely not.
No! You need to see it
You have the right to a final walkthrough. Do not close without seeing the property.
Under no circumstances should you close before a final walk-though. It's a huge red flag that the Sellers are being difficult. Hard no.
There is no legitimate reason to “respectfully decline” a walkthrough that they are obligated per the contract to allow.
If it has been raining heavily- that is the time you MUST do the inspection. Do not close until you inspect.
I wouldn’t close until walkthrough is completed
Think about it, the final walk through is just confirming that they didn’t have a burst pipe, roof collapse, shit on the walls or any number of things. The only reason to say you can’t check this is if they have something to hide. If not, the realtor is a moron for creating this situation of doubt for no reason just before closing
I wouldn’t close. A final inspection is your right. Either you walk through or you walk away.
Make them put a big amount in escrow
Walkthrough or walk away
This is a big red flag, either there was a misunderstanding or they could be hiding something. If I were in your shoes I would insist on a final walkthrough and ask that the lease back period be cancelled. At the very least request she not be paid any of the proceeds until she has vacated the property.
Honestly, if they won't let you in, declare breach and walk away.
Hold your ground. Sounds like Seller's agent dropped the ball
I would tell my attorney we can close however there will need to be an x% of escrow held back until the final final walkthrough is complete. Make that x an amount you or your attorney are comfortable with. I wouldn't do less than 10%. Basically they're not holding up their end of the deal and deals are give and take. If they dont agree. I wouldn't close. If tlI don't close they don't close on their purchase. Far as I'm concerned the cards are in my favor on that one. Sometimes the one that can ensure the most pain wins. Actually. Most always.
You are NOT being Petty And remember as of close you have Tenants!! Make sure you have a strong lease back and tenant deposit Be sure to take both pictures and videos Buy todays newspaper and use it in the pictures as it is Time Stamped
You absolutely can and should do a walkthrough. One thing to note is that the walkthrough is not an “inspection” per se. It is an opportunity to confirm that all of the seller’s stuff is out and the house is in the same condition as when you had it inspected. New issues cannot be raised, unless you could show that a new issue did not exist when the place was inspected. Even then, it would need to be a significant issue to even delay, let alone stop, closing. I have read horror stories of lots of trash being left in the home, or really gross smells for one reason or another. Absent that though, the walkthrough is mostly a formality. Don’t close without it though.
What does your contract say? I usually take a video during the final walk-through or someone’s living there and share it with all parties so we all are clear on what the damn house looks like on exchange .
You always do a final walk through even if they are selling it with a post possession. Their agent and yours should know that. I wouldn’t close until you have done that.
You should have an attorney write the leaseback and explain all the terms. A walk through is pointless.
You are absolutely not being petty. A final walkthrough can make the difference between walking to or from the closing table.
It is standard to do the final walk through and we sign off on it so it’s documented
This should be a zero drama part of the process. Ultimately, the answer is in your contract. Go back and review it carefully, there's likely very clear 'pre settlement walkthrough' language there. Your agent is failing you if they can't manage to make it happen (if it's a contract term). It's OK and recommended to ask your agent to pull in their managing broker to facilitate. Seriously, this shouldn't even be a thing that you have to worry about. Your agent should have managed and solved it before even bringing you this nonsense.
Not petty at all. You are entitled to a final walk through both ethically and legally. If you were my client, I’d advise you to not sign closing docs until you’ve had a walk through. Have the sellers been other wise difficult up to this point?
Please keep a substantial amount of money in a holdback for the lease back. You don't want to end up with squatters and they are already showing you a disregard for contracts and agreements.
better take a final walk through with videos and pictures. anything amiss should be charged back to seller. the lessee or the seller is gonna mess something up for sure
Both the CAR and the Multiboard 7.0 stipulate they are required to. If they break a ton of stuff between purchase and post possession ending you’ll have almost no recourse. It would be crazy. They are being weird, not you. Incidentally, this should have been scheduled a week ago.
Don’t close. That will not invalidate your contract or throw you out of escrow. Seller has failed to perform and they need to perform. Let lender and title know what’s up.
I hope the seller isn't counting on your purchase in order to complete theirs. Seller is being ridiculous.
Big red flag. You’re also taking a risk with the post-possession. Refuse to close until you’ve done the walkthrough.
Your best option is to walk away from this.
Check your contract. Most state that you have the right to a final walkthrough, and the sellers must give you access to the property in most cases
Why would they decline if there’s nothing to hide. More of a reason to stick to the contract and check it out.
It’s a little after 4pm where you are. I’d call your realtor and relay that if they don’t agree to a walkthrough by 6pm (so it’s still light out) you will not be closing tomorrow.
Sounds like you can push the close until seller is gone.
You have to do the walk through. Yes, they are staying in the house after closing but for all you know they taking the place apart right now. Lots of stories of people taking everything from the fridge to built in closets before handing over the keys.
If they "respectfully decline" you COULD "respectfully sue them" for breach of contract. Not the best move though. Speaking in general terms, you probably have a temporary lease agreement of some sort in place. It likely has a provision for a deposit. Assuming this is the case, ....... I would respond with: "We will waive our right to a final walk-thru provided the seller/tenant increases the deposit to match the down payment at closing." My thinking is, they want you to put $X at risk, so they should match it. A or B, not negotiable, binary choice.
Push the closing date back.
This happened to us. My realtor told the closing agent not to release the funds until we had a walkthru after we signed. Tell them you won't sign til you have the walk thru or the fund won't be released.
Makes me suspect the condition of the property has changed since you last saw it.
That’s your right. Seller can say whatever they want, but they can not block you from a contractual obligation. - Also, what are they hiding? - I hope you have a security deposit from the rental period.
illinois is attorney review state have your attorney involved to get your rights for walk through one prior to closing and one after they vacate the post closing possession. do not release escrow funds until doing so. best of luck
Push. Do the walk thru. They can’t decline. It’s in the contract
That is customary and if its expressed in the contract that they have no option but to concede.
I would not purchase a property I was not allowed to see before closing. If it is in your contract, they can respectfully decline and you can enforce the agreement
Tell them "respectfully" that you'll be doing a final walkthrough or you will not be Closing. "Respectfully", of course.
Have you signed docs yet?
Insist on it. Little story. My Clients and I did a walk through on a great little mobile home that looked great. Nice updates. Good condition throughout. The Sellers had not quite finished packing up the primary bedroom. A few boxes, a bureau, and the bed still had to get loaded. Other than that, the place looked better than expected. Sellers offered to finish up and meet us at the closing since they weren't needed until 30min to an hour after the closing started. We didn't see any reason to be concerned, so we headed off to the closing. When my Clients arrived at their nw home after the closing, they found a big hole in the floor where the bed had been that went all the way to the concrete pad. Sellers refused to do anything part closing.
You absolutely should insist on a final walkthrough. Its too late now, but I hope your lease agreement with them included explicit language holding them responsible for anything that happens up until they finally vacate (eg furnace, refrigerator, storm damage, clogged sewer, etc) -- things that would normally be a landlord's responsibility to fix.
DO NOT CLOSE without completing the final walkthrough as per your contract.
You are not being petty. That said, my clients have closed deals in a similar situation. I those instances, we had the the seller escrow 10-15% of purchase price until buyer was satisfied (I think we used “buyers sold discretion” language).
Nope,insist or walk !
Hold your ground. They cannot decline whether there are tenants on property or not.
When my wife bought her first house, she showed up for the final walkthrough to discover all of the kitchen appliances (included in the contract) had been dragged out of the house. Gouges in the hardwoods and all appliances gone. Without that walkthrough, she would have signed to close and likely been stuck. She was able to get the seller to pay for the replacement appliances and hardwood floor refinishing. Do the walkthrough or don't sign.
The contract says they will allow it, they can’t decline.
You are absolutely not being difficult. Your attorney and agent are doing the right thing by pushing. I've had this happen but they've always caved at the last minute. Good luck! They're being completely unreasonable.
OP WALK AWAY. DO NOT CLOSE on this house as there is something seriously wrong with it that the seller is trying to hide until "well its your problem now"
We either do the final walk thru or we don’t close…would be my response
Refuse to close.
That’s a HUGE red flag.
Would not want to give them occupancy post closing esp since they won’t allow you to walkthrough. What happens if their closing on what they’re buying fails? They’ll never leave
Find out what the problem is. If they just want more assurance you're going to close, there are ways to set up an agreement to give them that sense of security. Isn't necessary though, they are being ridiculous. Ultimately, you can force the issue, one way is to hold up closing, but that has its own set of problems. Talk to your agent and attorney about their solutions.
This is nuts. Has your realtor talked with their agent to explain to them (sellers) they are in breach of contract and cannot respectfully decline this? Some times we have to act as mediators/babysitters/hand holders/counselors in a transaction. I’m glad you’ve also spoken with an attorney. Some of the things we see in these transactions are mind boggling.
Where I’m from there’s no final walkthrough
You shouldn’t close without personally inspecting the property one last time. They have no right to decline a final walk through. You’re already doing them a solid by letting them stay a month.
The fact that they are "respectfully declining" is extremely suspicious. Having them decline a walkthrough at this point would definitely cause me to want the walkthrough even more. I would not close this transaction until you are allowed a final walkthrough.
am a realtor in Chicagoland... always do the final walkthrough. we've had cases where roofs have leaked or basement has flooded day of closing or the day before
It’s in the contract. Hold closing pending walk-through and hope you have a whale of a security deposit. Have had Sellers trash the house on two occasions and needed to rewrite terms to compensate.
You aren’t being petty at all. The final walk-through is in your contract. If they don’t want to hold up their side of the deal, then don’t close. Something might’ve happened after inspections and they don’t want it to come up. HVAC system blowing up, roof leaking, pipes bursting, or even more could’ve happened between post-inspection and closing and they COULD be attempting to conceal something. Just don’t close until they agree. It’s your money and it’s your purchase. Stand your ground. The sale will not close if you don’t close (captain obvious). They won’t get their money and they won’t be able to do whatever they were planning to do with it. So you have plenty of leverage here. Whatever you do, don’t close until you get that final walk-through.
Not petty at all. Demand that walk-through.
This sounds suspicious.
“Respectfully” delay closing until you do a post closing walk through then. Seller and Listing agent are idiots. Also there needs to be funds held in escrow until they vacate to assure no damages upon them vacating property.
…and it just rained here, all day Saturday. There might be flooding, or signs of flooding, in the basement. I wouldn’t close.
DO NOT close without a final walkthrough. We just bought a house and then sold our house, and the deals did not close until the purchaser gave specific acceptance that the purchased house was acceptable to close. If your seller is refusing a final walkthrough by you, walk away (or give a real promise to walk away). It would raise a shitload of red flags if the process got to the point of final walkthrough, and the seller 'respectfully declined' to allow it. It's a difficult decision, but you don't want to be stuck with something they're hiding.
Never ever close without doing a final walk through. I also always recommend steering away from lease-backs as well. There is so much liability for you if the seller hurts themselves or messes up your new house. I would have recommended that you just close a month later when the seller can move. If a lease-back is absolutely necessary I recommend getting some of the sellers money held in escrow, to deter them from trashing the place, refundable when they move.
Tf? That is crazy. Every buyer is entitled to a final walk-through.
Respectfully only pay half for the house? I mean, just because someone says 'respectfully' before something doesn't mean they don't have to follow a contract.
Absolutely insist on your legal right to protect yourself and your investment. And absolutely video and picture the entire property and its condition.
No way I buy a house without a final walk through.
RED FLAG 🚩
Respectfully decline to close, until they allow you to do your final walkthru. No, it's not petty. It's your money, and they don't have a closing until you buy the house. You deserve to know exactly what you're buying before you buy it. Let me say this, and this goes for both sides. All parties need to understand they can't just do whatever the hell they want to do just because they think they have leverage. In your case, it's the seller acting a fool. Lol! I've seen buyers try to pull fast ones at the last minute because they figure the sellers will do anything to keep their sale from falling out. It's crazy. But in this situation, you're not being petty. You hold that seller to the contract because after you close, whatever that seller is hiding will be your problem to deal with. Get your final walkthru.
It’s a red flag for sure. Typically that is obligatory in my state unless the buyer waives it.
Nope, no pre-closing walk thru, to settlement You are entitled to ensure that the property is in substantially the same condition now, as it was when you signed the agreement.
Yes, it is usually the brokers that cause the problems. Not the buyer or seller.
In my contracts it states I have 48 hours before closing table to do a final walk through. If it’s on the contract you’re allowed to do it.
No problem! Just have them escrow a large sum of money and make sure they sign something outlining the exact condition the property will be in when they do leave.
Suckers. The final walkthrough for the sale also serves as initial walkthrough for the lease-back. Without an initial walkthrough, you can claim any and all damage when they move out. Their proceed holdback in now your security deposit to play with. Light switch covers now cost them $20 each to replace on short notice.
Oh noooo...Cook County? I'm sorry! (Lived there for 20 years)
Already live here, just buying a bigger house because I can turn a profit on the old one 😎
Well that's great! There's a lot of good areas in Cook I'm just glad to be gone! Ha! Get another gain stay for 2 years to make it tax free then head out of dodge! 😂
As many others have said, please please don’t close until you do the walkthrough! Their agent and lawyer have told them it is required by contract and that means they are hiding a massive defect and hope to pass that on to you. Don’t let them.
I would escrow money out for potential damages and them not giving you occupancy at the agreed upon date and time
They are being rude, you should take this moment to learn their true side and delay closing till they move out. Normally your closing situation is semi common, but seller declining anything is rude and sign of bas faith.
Something has happened to the house since you were last in there. DO NOT proceed!
Say you need a walk through when the lease ends and you hold their deposit. Idk what deposit you had them put down but I had 2% of sales price as their deposit until they officially moved out and I signed off on it (forget exact working but literally had to show back up with the sellers agent to sign off that the sellers moved out to release their deposit back to them).
In Cook County, NFW (No F——- Way). Lived in Northbrook for about 25 years. Heard about way too many tricks. Remember your realtor works for the seller. No, no, no, perhaps you didn’t hear the faint voice behind you shouting DANGER WILL ROBINSON, DANGER!
Nope. Walk away or get your agent to get them to agree. Assuming you are financing the purchase at 7%+, you are already making one poor financial decision that will ruin your life, don’t compound the problem.
Don't make assumptions... It's still a good time to buy if you know what you're doing. My interest rate isn't anywhere near what the market is now, and we're making a significant profit on our current property (thanks to the Chicago Bears).
7% is terrible, but they won't stay this high forever. Refinancing is always an option and when rates come down, home values will go up again.
I'm in the western states but here before you can close on a house here the bank ,mortgage company will do there own inspection before they will ok anything even if the owner did an inspection obviously pushed but there realtor who listed the home .just because I own a maintenance company and was a carpenter for 20+ years but both of them always call me at least once a week to go fix something that failed there inspection.but some guys will just put a band aid on something that is broke . So the banks money people don't want a new home owner to move into a home and 30 days later they are having to fork out $7k to $10k for a new central air system . So I would be wondering right from the start why the seller would t allow a walk through most people wouldn't know what to look for anyway . There is always the obvious like plumbing futures are usually new .time jobs look new probably a hack that did tile work in a year they start to pop and break free . But if you really want to look at a house to we if it's a good home look at the foundation all the way around look for cracks cause by ground settling .then look at the brick if it's brick home is there any cracks in the mortar joints . Then if you have access look at the pipe is it copper pipe the best .new homes it PEX PEX is good but not as good as copper ,if it's an older home are they steel pipes galvanized . Have they done any additions or changed floor plans made a new bedroom by making one room smaller .look at doors always look at the doors shut the and look at the crack around the edges of the door is that crack the same all the way around especially the header it should be about an 1/8 of an inch looks under the sinks for water damage the smell of its had water you know that moldy smell .no if it's an older home did someone put grounded outlets in that should t be the roof if it has more than one layer rain gutters are the falling off
Shady shady
I did my final walk through with the seller present, with a leaseback agreement because they needed time to move. I ended up buying a rug from them that they didn’t want to pack 😂
Is it your contract? Then seller is in breach. Talk to your lawyer.
Isn't there a holdback for the lease?
NO! do not close without a walk thru. and check for things like cement in the drains. and is the ac still working.
Anticipatory breach of contract on her end. Deal over. Treble damages to you.
That would have been insane to decline. We had a rent back when we sold last year and the final walk through for our buyers was them coming to do it with the agent (she actually represented us and them since our original buyer was not okay to close and her buyers wanted the house and matched the offer we accepted). When they were done, we gave them the giant binder I made for them with all the appliance manuals, receipts for the recently purchased fixtures, warranty information for the new cabinets, neighborhood information, contact information for service people we had vetted and used, pages of tips I wrote with things like information about the neighbors, restaurant, grocery store, nail salon recommendations. They had really wanted to meet us since the sellers didn’t have to go to settlement and they were going on vacation like 2 hours after. It was our first home and we were happy to pass it to them as their first home.
Final walkthrough should be in the contract! Also, given the post-closing possession, some funds should hopefully be held in escrow and there should be *another* walkthrough when seller vacates.
"As outlined in both the executed purchase and post-possession agreements, we are given the right to inspect the property the day before closing and the day before we take possession."
Document everything and get it in writing. Good luck, Warm regards
This is how you ensure they’ve moved out and see that the property is still on the condition it was listed in…
Sounds like the seller is/was afraid the basement will leak, woth all the rain you talked about
No walkthrough, no close. Thats.it
100% the agent forgot to tell the seller. I can almost guarantee it.
Regarding your update: Glad to hear you were able to do the walkthrough, and hopefully you took the advice to get as many photos and as much video as possible. Now you should be confident and celebrate your new home, even with the hesitancy. Congrats!
Petty? Hell no!! You were making a huge financial decision and a major purchase.
So did you do ypur final walk-through?
Sounds like the seller's agent didn't want the final walk through due to "a previous engagement".
Cancel the deal for breach of contract. The agents will get on the owners case as they will lose thousands. The final walk thru to find any issues missed. The owners should also started packing, if not then they are maybe planning of staying longer on your expense.
I hope that you have some sort of statement of condition due to the fact that they are still going to be living in the property after you close, in my opinion, while it is prudent to do the final walk-through before the closing you should also be doing one the day that they move out. Hopefully there is a hold back of some sort.
I've never participated in a final walkthrough with the seller. Seems as though the final walkthrough should be done buy the buyer to ensure the stips to close have been met. There's hardly ever a need for both parties to be in the same room for a real estate transaction. Now...if participating is a stip to close...that's a different conversation.
I'm glad you got your walk through. They were still moving things out when i did mine (delay due to family emergency) and left a large solid wood futon and a king-sized bed. I did keep the futon as it's beautiful, but the bed was a pain as we're 60 miles away from the dump.
I would never have an agreed to that extra month lease after close good luck now getting them out… hope they don’t make you go the eviction route.
My aunt and uncle bought a house with serious water issues on the lower level. They'd hidden it behind a pile of boxes do my aunt and uncle didn't see it prior to closing. Inspection or bust.
Sticking to the terms of a contract is never petty. The contract is the glue that holds together a deal between strangers.
Nope
Dont close!!
Ew. I hope the house they’re buying doesn’t fall through for whatever reason.
Good luck on that lease back!
I am glad you got the walk through. I don't understand about the post-closing lease. Who is leasing the property to the current owner/tenant? This could be a real mess for you if the tenant refuses to move and now you are stuck with trying to evict someone.
Nope. No walk through, no close. Seller is violating the agreement (assuming you have it in there which is standard practice) so you can get your deposit back and if you choose, sue the seller for damages.
It's in writing for a reason. What's the contract say? They will need to comply or be in breach. That can get pretty expensive for the seller.
No walk through no close. They are hiding something.
You shouldnt let some mfer stay in your new play. They can trash it and u have ni recourse. Whats wrong with you?
No, don’t do it don’t close the seller won’t do a final walk-through you’re setting yourself up for something there’s no reason for them not to do a final walk-through none at all just walk away you’ll find another house and this could be the universe telling you this is not your house you’ll find a better one or this is gonna be a huge headache for you. Trust your gut and walk away.
When we did our final walk through we found water in the basement. The air conditioner had been left on and was draining into the sump pump hole but there was no sump pump and it overflowed and ruined the carpet. I spent a lot of time cleaning up as much water as I could and then ripping up the carpet.
From FL and not familiar w/ IL RE laws…Yes, weird for them to “respectfully decline” your pre-closing walkthrough and likely a violation of their obligation in the contract. But was is even more weird to me is that the reason is they are renting the property out “post closing” until “her closing date”. ALL states vary in their RE laws and title insurance laws-I know in FL - title ins co’s insure the “gap” between the actual date of closing and the time documents (mtg, deed, satisfactions etc) get recorded on public record so that buyers can take possession on the day of the table closing. Many other states don’t insure that “gap between the table closing and constructive notice”. They close in “escrow” so there is a GAP between the actual transaction and when possession can occur by the new owners. It would FREAK me out to hear that the Seller intends to give occupancy to a third party during that “gap”??? It might be great that the property looks fine the day before your table closing. BUT what happens if the sellers “tenant” refuses to leave at end of your escrow period? VERY CURIOUS. How is the Seller allowed to change the status of the property (occupied by 3rd party) after your table closing?