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Are You Letting Your Buyers Commit A Crime?

By
Real Estate Broker/Owner with KGC Properties LLC, Tucson Property Management & Real Estate

This post is a follow up to my previous post on "AS IS" - What does that really mean?".  One of the individuals who commented on the post said that he lets Buyers in to the AS IS home to make repairs if it's necessary for financing.

A very common thing that happens:  the Seller won't do repairs - but repairs need to be made for financing.  What do you do? 

You let the Buyers go in to the home and make the repairs that are needed!  Solves the problem right?

It does - if you've asked for permission.  Otherwise, it's a criminal act.  Here is the simple way to protect yourself and your Buyers:

Get approval in writing to make specific repairs and make sure it is signed by the Seller BEFORE your Buyer enters the home. 

Technically, it is against the law to allow a Buyer to make repairs without the Seller knowing the buyer is in "their" home.  More often than not, it's no problem.  But you must plan for worst case such as a pipe bursting and flooding the house while making a plumbing repair, or part of the roof falling in while patching a leak, etc. 

Just remember protect, protect, protect!

 

Posted by

Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com .

                                                 

 

This blog is written with my opinions and my opinions are  presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2014. If you want to reprint parts of this - just email me for my permission: KGCProperties@gmail.com .

 

Comments(15)

Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

that's outrageous.....why would anyone allow a buyer to do a repair to a home he does not own???? I've never seen that happen in 31 years.

Jan 20, 2010 10:00 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

  Here...and therein is the qualification...there are still loans that allow a buyer to wrap the cost of the new__roof, siding. etc. into the mortgage...the lender escrows the repair cost and pays the contractor..voila !

Jan 20, 2010 10:04 PM
Randall Sandin
Carolina One Real Estate - Charleston, SC
843-209-9667 - Search for Charleston SC Real Estate

that is a a good point and I have seen it happen with FHA loans - the appaiser is soo picky on the little things especially if it is bank owned - the new owner has to make a pre-closing repair to get the loan

Jan 20, 2010 10:04 PM
Gabrielle Kamahele Rhind
KGC Properties LLC, Tucson Property Management & Real Estate - Tucson, AZ
Broker/Owner

GOOD MORNING BARBARA!  I have never done it.  I have heard of other agents doing it - and thought it was important to mention that if that's the decision you make - you gotta make sure you are protecting yourself!  Hope your Thursday goes great! -- Gabrielle

Jan 20, 2010 10:06 PM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

I'm with Randall, that is why I have heard of it. There is a hold harmless agreement in place and the work is done by the buyer to ensure a smooth transaction. But mostly in bank owned. Not very common, but I think we will see more and more of this as time marches on.

Jan 20, 2010 10:10 PM
Jane Nicastro-Disch Warren NJ
Weichert Realtors - Watchung, NJ
NJ Estates Real Estate Group of Weichert Realtors

Ditto Barbara! And even worse if it is a commercial dwelling. Regards,

Jan 20, 2010 10:16 PM
Lisa Heindel
Crescent City Living LLC - New Orleans, LA
New Orleans Real Estate Broker

If, at the last minute (and we know it happens), something goes crazy with the deal, what are you going to say to your client who spent money on improvements/repairs to a home they don't own and may not be able to close on?

Jan 20, 2010 10:18 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Excellent point Gabrielle.  You're correct, not normally a problem, but when it is, it can be a doozy!

Jan 20, 2010 10:27 PM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Put every thing in writing. A reimbursement clause in case something goes wrong, not your clients fault and the deal doesn't close might be a good idea!
Your friend from Washington State!
Paul

Jan 20, 2010 10:37 PM
Judy Jennings
Top Agent Plus - Middleboro, MA
Tap into Judy's real estate expertise & resources.

Gabrielle - Very nice continuation of your previous post and sound advice for your buyers. Making repairs prior to conveyance is risky and could be a significant liability if something goes wrong. Protect your client and yourself by putting it in writing.

Jan 20, 2010 10:41 PM
Pat O'Reilly
RE/MAX..214-289-6176 Irving and all of Dallas Fort Worth - Irving, TX

Gab..not a thing I would tell or encourage my buyer to do. Not worth it. Thanks for the post...

Jan 20, 2010 10:46 PM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Always ask permission before entering the house before the close of escrow. I have seen other Realtors get in trouble for such actions.

Jan 20, 2010 10:58 PM
Kyle Jan
Scottsdale, AZ
Phoenix AZ Homes for Sale

Always be safe.  As far as the appraiser being "picky", they are really just covering their backsides.  The purpose is to insure that the new owner isn't stuck with repair bills they can not afford after they become the owner.  We have all seen movies about those homes.  Nice post, always make sure that you have your clients best interests at heart.  It isn't always about making the deal happen!

Jan 21, 2010 12:56 AM
Lewis Beynon
CENTURY 21 Triangle Group - Raleigh, NC
Lew B Realty

I had FHA buyers last February that used a Florida Bank.  The bank made them paint the trim on the garage before they would allow us to close.  Do people in Florida know what the weather is like in Albany in February???  You know the paint wa just going to peel off again and it was going to need to be repainted this summer!!!  The bank wouldn't allow an escrow hold-back.  Silly, silly, bank!!!

Jan 21, 2010 03:37 AM
Paul Guenther - WFG Title
WFG NATIONAL TITLE INSURANCE COMPANY - Flagstaff, AZ
The Extra Mile Is Part Of My Regular Route!

Gab,

My Realtor told the buyers REALTOR where I had the key hidden. (My wife didn't even know where it was). The new buyer was in and had phone and cable hooked up before close of escrow.

I found this out from a former neighbor who told me she met the new neighbor and he is moving in already.

I called my agent, she swore she didn't tell him...You wouldn't just happen upon this hiding place.

There weren't any damages, the house was pristine, he just wanted to move in early without permission

If anything happened to him, his guests or the house I was still on the hook until escrow closed.

Jan 21, 2010 07:38 PM