Ask Phyllis: a blog series of frequently asked real estate questions.
Importance of a final walk-through
Dear Phyllis,
I recently closed escrow on an older home—a beautiful vintage Spanish-style home. My wife and I saw the property once during the open house and again with our Realtor before making an offer. After our offer was accepted, we returned for the property inspection. Everything seemed in order.
About a week before closing, a period of heavy rain occurred. It didn’t occur to us to check on the house again before the close of escrow. However, when we received the keys and moved in, we discovered that a portion of the kitchen ceiling had collapsed. The sellers had already vacated the property weeks earlier, so it’s doubtful that they would have known.
Now we are getting the roof fixed, and we really can’t move into the home. All of our stuff is in the moving van until we can move in. Bills are racking up. I’m unsure of how to proceed and whether I have any recourse. I would appreciate any advice you can offer.
Sincerely,
Rained Out
Dear Rained Out,
I’m sorry to hear about the roof damage—what an unfortunate surprise to face right as you’re trying to move in. Older homes are full of charm, but they can also come with hidden issues that only reveal themselves under certain conditions, like heavy rain.
Your situation underscores the importance of a final walkthrough before closing. Most purchase agreements give buyers the right to inspect the property one last time, usually within five days of the closing of escrow. The purpose is to ensure that the buyer finds the property in the same condition as when they accepted the offer and that no new problems—such as your collapsed ceiling—have appeared.
Had a final walkthrough been conducted after the rainstorm, you might have discovered the damage in time to address it before the sale was finalized. You could have claimed that the condition of the property had changed and refused to move forward. I’m not a real estate attorney, I can’t say definitively whether the damage constitutes a breach, but it’s definitely worth discussing with your Realtor. If your agent can’t help resolve the issue, I recommend consulting a real estate attorney. They can review your contract and advise if you have grounds for recourse. Wishing you a smooth path forward—and a dry roof very soon.
