Buyer's Due Diligence: The buyer performed and signed off on a walkthrough. Can he/she still seek recover damages for the non-repaired items after COE?

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Spirit Messingham, Third Generation Full-Time Realtor® 520 471-6900 (Tierra Antigua Realty)

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Rainmaker
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Ajay Pandya

e-Merge Real Estate Unlimited - Columbus, OH

Realtor Ajay Pandya

I think so.

Mar 18, 2018 09:16 AM

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Rainmaker
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Praful Thakkar

LAER Realty Partners - Burlington, MA

Metro Boston Homes For Sale

Spirit Messingham - if it is in agreement, seller must take care of those items!

Mar 25, 2015 02:59 PM

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Spirit Messingham

Tucson, AZ

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Florida Tolbert Team Keller Williams Advantage

Keller Williams Advantage III Realty in Lake Nona - Orlando, FL

Keller Williams Land Luxury Division Specialist

Buyer has the opportunity and responsibility to have their inspector reinspect and verify.

Mar 25, 2015 10:58 AM

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Spirit Messingham

Tucson, AZ

Rainmaker
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Barbara Todaro

RE/MAX Executive Realty - Happily Retired - Franklin, MA

Previously Affiliated with The Todaro Team

the answer to that is "yes".... that sign off sheet is nonsense in front of a judge...if the work is not finished, it needs to be... there's a purchase and sales agreement that holds weight in court.... hopefully there is an agreement that describes the work to be done...

Mar 25, 2015 07:56 AM

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Spirit Messingham

Tucson, AZ

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Bob Crane

Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI

Forestland Experts! 715-204-9671

I suspect that the buyer's remedy may be in the courts.

Jan 09, 2020 06:00 PM

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Rainmaker
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Gabe Sanders

Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL

Stuart Florida Real Estate

Time to seek an attorney.

Jul 08, 2018 06:20 AM

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Rainmaker
3,071,489

Tony and Suzanne Marriott, Associate Brokers

Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ

Haven Express @ Keller Williams Arizona Realty

They can always seek - but it may be more difficult to prevail.

Aug 05, 2017 04:07 AM

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Rainmaker
1,624,853

Inna Ivchenko

Barcode Properties - Encino, CA

Realtor® • GRI • HAFA • PSC Calabasas CA

I think, it is state to state thing. We usually schedule a walk through 5 days prior to closing of Escrow.There is plenty of time for the seller to correct any conditions.

Mar 25, 2015 05:25 PM

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Rainmaker
634,532

Kathleen Luiten

Resort and Second-Home Specialist - Princeville, HI

Kauai Luxury Ocean Home Sales

YES if the Seller's informaton was not accurate and the repairs were not completed.

Mar 25, 2015 10:29 AM

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Rainmaker
175,614

Spirit Messingham

Tierra Antigua Realty - Tucson, AZ

Third Generation Full-Time Realtor® 520 471-6900

Hi Jill,
I can't speak on any other state other than Arizona, and you are right about walk thru plus any agreed upon items on BINSR. As per purchase contract shall be done by 3 days prior to closing.

As per Arizona REALTOR® Magazine – June 2013 | Disclosure:

Yes, assuming the facts are accurate, the buyer may pursue claims and damages for the non-repaired items after COE. Although the buyer completed the walkthrough and escrow had closed, he/she was relying on the seller’s statements and assurances. If the seller made false statements regarding the repair, the buyer can seek to recover the cost of the repairs.

Mar 25, 2015 05:22 AM

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Rainmaker
400,356

Jill Murty, Realtor - Orange County, CA

Movoto - Laguna Niguel, CA

The final walk through is to verify the property is in substantially the same condition as when the offer to purchase was made.

The buyer's remedy at this point is small claims court. I suppose they could also go to mediation.

Mar 25, 2015 04:48 AM

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Spirit Messingham - if it is in agreement, seller must take care of those items!
Buyer has the opportunity and responsibility to have their inspector reinspect and verify.
the answer to that is "yes".... that sign off sheet is nonsense in front of a judge...if the work is not finished, it needs to be... there's a purchase and sales agreement that holds weight in court.... hopefully there is an agreement that describes the work to be done...
They can always seek - but it may be more difficult to prevail.
I think, it is state to state thing. We usually schedule a walk through 5 days prior to closing of Escrow.There is plenty of time for the seller to correct any conditions.
YES if the Seller's informaton was not accurate and the repairs were not completed.
Hi Jill,
I can't speak on any other state other than Arizona, and you are right about walk thru plus any agreed upon items on BINSR. As per purchase contract shall be done by 3 days prior to closing.

As per Arizona REALTOR® Magazine – June 2013 | Disclosure:

Yes, assuming the facts are accurate, the buyer may pursue claims and damages for the non-repaired items after COE. Although the buyer completed the walkthrough and escrow had closed, he/she was relying on the seller’s statements and assurances. If the seller made false statements regarding the repair, the buyer can seek to recover the cost of the repairs.
The final walk through is to verify the property is in substantially the same condition as when the offer to purchase was made.

The buyer's remedy at this point is small claims court. I suppose they could also go to mediation.