Buyer taking possession
Ask Phyllis: a blog series of frequently asked real estate questions.
Dear Phyllis,
The seller did not hire professional movers. During the move of the washer and dryer, the shut-off valves broke, and the movers turned off the water to the house. After waiting a week to take possession, my daughter arrived and found no water available for cleaning.
The seller’s plumber could not arrive until after the weekend. When he came on Monday, he determined that someone had shut off the water without unplugging the recirculating pump, which damaged the water heater and required replacement. The installation of the new water heater then took another two days.
Fortunately, my daughter’s real estate agent secured a $5,000 security deposit from the seller and held it in escrow. My daughter used $500 of that amount for patching, repairs, and painting. I believe she should keep the full deposit.
What are your thoughts?
Amber
Dear Amber,
As a loyal reader, you understand that I am a real estate agent, not an attorney, so I can only tell you what I think is “fair”. As your daughter was without water for four days, I think it’s “fair” that the seller reimburses her for her daily PITI (principal and interest, taxes, and insurance). I understand that your daughter did not want to move into the home before it was cleaned. In addition, I believe it’s “fair” that the seller pays for the patching repair.
Wow, I have never encountered this scenario in thirty years of selling real estate. Interestingly, saving money by not hiring moving professionals costs the seller more in the long run than if they had hired professional movers. Fortunately, your daughter’s agent negotiated the deposit, which saved your daughter a lot of hassle.
