With nearly fourteen years as a principal broker, there are certain legal issues that arise on a fairly regular basis. One of the most common is the buyer’s broker calling the seller’s broker after closing to report the sellers had taken items that were supposed to stay in the home after closing, or some of the work orders weren’t done or done correctly.
This problem is not easily remedied but can be easily avoided by advising your buyers about their options for re-inspection before closing. Making this a business practice can reduce a selling broker’s risk of liability for failing to advise a client of their rights.
The NWMLS Form 22D states in paragraph 3 titled Property and Grounds Maintained, “Buyer reserves the right to re-inspect the Property within 5 days prior to transfer of possession to verify that Seller has complied with this Paragraph 3.” This is the buyer’s chance to make sure the property has been maintained and that the attached fixtures and mutually agreed appliances are still there.
The Inspection Addendum states “Seller’s repairs are subject to re-inspection and approval, prior to Closing, by the inspector who recommended the repair, if Buyer elects to order and pay for such re-inspection.” It would be a wise investment for the buyer to spend the extra money and have the inspector come back to ensure the work orders were done and were done correctly.
This is a best practice that should be incorporated into your business, and mentioned both at the time of signing and right before closing. Your buyer will thank you and you will avoid a potential post closing problem.