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Do You Make Up Your Own Interpretation Of A Real Estate Sales Contract?

By
Real Estate Agent with Integrity Real Estate Group

It doesn't matter how many contract classes I attend there is always something that comes up that leaves you scratching your head.

Our Virginia Real Estate contract states specifically that the "seller will have all utilites in service through settlement."  However for some reasons many agents interpret this to say through the day of settlement stating the buyer doesn't need to have them turned on until the next day.  Surprise your buyer could find themselves sitting in the dark the first night in their home.

Most utility companies do a switch over between 9-5 Monday through Friday.  It is very easy for the seller to request on-line for the turn off on the day of settlement and the buyer to do the turn on the same day.  At some point in time during the day the utilities switch.   Utilities cost very little for a day and even if settlement is later in the day chances are the house is empty.  How much do utilities cost on an empty house?

One agent recently suggested that since settlement was on a Friday her clients couldn't get the utilities turned on until the following Monday.  It seems simple enough but once again shows how agents can change the meaning of a contract with the simple addition of of word or two.

 

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If you are interested in learning more about the Northern Virginia Real Estate market including Alexandria, Arlington, Fairfax and Prince William Counties give Cindy Jones and Integrity Real Estate Group a call at 703-346-2213.

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Comments(20)

Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I make sure my buyers get it done and am so surprised when agents don't mention this until closing.  It's on my check list.  I have a closing on Thursday and my buyers have the transfer already scheduled for Thursday. 

Sep 23, 2013 10:50 AM
Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

I have never understood why some turn off the utilities.  All that is needed is a final reading and name changed on the service.  Why make it more difficult???

Sep 23, 2013 10:56 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Cindy, I communicate with the other agent advising that they will be going off after the closing and that the buyer needs to be proactive and get deposits and their orders placed before the closing. I have seen too many times where a buyer said they would do it the next day and 2 weeks later they are still riding on the sellers utilities.

Sep 23, 2013 11:14 AM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Cindy, I agree with Kathy...final reading and change name on the service account.

Sep 23, 2013 11:26 AM
Richard Iarossi
Coldwell Banker Residential Brokerage - Crofton, MD
Crofton MD Real Estate, Annapolis MD Real Estate

I've only had it happen once in 12 years where the seller actually had them turn off the service, instead of just do a billing change. 

Sep 23, 2013 12:46 PM
Dagny Eason
Dagny's Real Estate - Wilton, CT
Fairfield County CT, CDPE Homes For Sale and Condo

Billing change - so easy.     Some make life so complicated.....

Sep 23, 2013 12:51 PM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

We have it easy here, just call, tell the utility company the date they need to switch service over into the new owners / renters names, and it's done.  They do not turn off the utility service, because that would mean them coming out to turn it back on.  

Sep 23, 2013 12:58 PM
Roy Kelley
Retired - Gaithersburg, MD

This is a good point to clarify for every settlement. Buyer agents need to make sure their clients will not be in the dark.

Happy Autumn!

Sep 24, 2013 04:58 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

I recommend buyers have the utilities switched to their name the day of closing. I'd hate for them to be sitting in the dark their first night in their new home.

Sep 24, 2013 07:57 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I had this conversation just the other day with some sellers.  It is those pesky Friday settlements and the attitude of, "It is no longer mine, so I'm not paying," that can get a seller in trouble with that language.

Sep 24, 2013 08:10 AM
Kelly Young
The Platinum Group Realtors - Colorado Springs, CO
Colorado Springs Real Estate ~ 719-226-0126

Cindy, I communicate with the buyer or seller and also with the other agent just to make sure that we are all on the same page for utilities.  

Sep 24, 2013 12:31 PM
Jane Chaulklin-Schott
TEAMCONNECT REALTY - (407) 394-9766 - Orlando, FL
TeamConnect Luxury Homes - Orlando, Florida, 32836
Nice reminder that is so easy to implement and puts a nice smile on the faces of the new owners.
Sep 24, 2013 01:00 PM
JodiAnn Garone
Century 21 Action Plus Realty - Freehold, NJ
Bringing you Home!

Cindy,

 

I can see the confusion. I always tell my clients to make sure they turn on/off the utilities. I If they turn them off then it can costthe new person a turn on fee in addition to sitting in the dark the first night in their new home.

Sep 24, 2013 01:13 PM
Kerry L Klun, Broker/Owner
Palm Realty - Melbourne, FL
321-626-5868

I always verify at closing regardless of what side I am representing because if I get a negative answer from the buyers, I pick up the phone myself, dial the utility company and then hand the phone over to the buyers to get it done on the spot.

 

Sep 24, 2013 09:22 PM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS
I remind all parties constantly of what I'm not: I'm not a lawyer, so I can only read the contract, and if that is what the contract states, that is what we work towards.
Sep 24, 2013 09:46 PM
Graziella Bruner
NCS Premier Real Estate - Detroit, MI
Associate Broker - Serving Wayne & Oakland County

It is what it is and that's in Writing!  We should never make ASSUMPTIONs!  I always have my sellers call the week o closing, once all has been confirmed and inform the utility companies that they're closing on such and such a day and the new owners will be calling on the day of closing. We have buyers call right after closing to confirm to the utility companys that they have now closed.  

Sep 25, 2013 01:37 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

I always suggest to the buyer to get utilites switched over day of closing. Here is about 3 phone calls which they have to do anyway.

Sep 25, 2013 03:32 AM
Morris Massre
Pembroke Pines, FL
Real Estate Instructor Broward County Florida

Real estate contracts are interpreted a lot like the bible, unfortunatley.  Buyers and sellers alike interpret what they read to their liking.

Sep 25, 2013 03:59 AM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Every situation is different, like people, real estate markets.

Sep 25, 2013 04:10 AM
Lani Stern
Toronto, ON
Your lifetime agent

Oh my, I could only imagine the horror of buying a home and the lights not turning on. In Toronto, Ontario, the way that I manage things is always done through a lawyer. Working with knowledgeable lawyers with proven track records is nothing short of a necessity!

Sep 25, 2013 05:45 AM