Sunday, January 19, 2014

I have a home that is under contract to be sold and it was broken into last night! will this affect the sale of the home?

I know a real estate agent that is inquiring about what they should do about a vacant listing that is under contract that got broken into and is scheduled to close in 10 days.

First time she has encountered this and was not sure if it was going to make the sale questionable.

OK if I was in the situation 1st thing I would do is contact the seller and advise them of the situation. Have them contact police and file a report then contact their insurance company to report the break in and request they send an adjuster to the property.

In this case the seller canceled his homeowners insurance when they moved out! Please never cancel coverage on a property you own till the property has closed! This is just one of many scenarios that could happen to a home while it is under contract and having coverage on the property for incidents such as this case or in the case of one of my clients where there was a severe water leak from water heater that resulted in $50,000 damage.

In all these scenarios there is one golden rule. Inform and disclose all issues to all parties as soon as possible. In Texas there is a clause dealing with property condition at time of sale. In the case of the break in the seller has the right to repair the damage to the same or better condition that it was in at the time the contract was effective.

There are all kinds of things that can happen to people and property during a sales contract. 1st thing all the parties involved in the transaction have to remember is that most issues can be resolved as long as everyone is involved in the facts and have access to any information about the incident.

So 2 important lessons

A) Never cancel insurance on a property till the property closes. Talk to your insurance company explain facts. If you move out prior to sale you may be able to adjust the coverage on the home to cover structure but may not need the personal property coverage anymore. Take an experts advice!

B) disclose, disclose, disclose – honesty and a clear representation of the facts are the best remedy for all issues that may arise during a sales contract.


Regards,

Bob Kenney, Realtor®

Mobile/Text: 512-922-4922

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