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[email protected] bigjim@backpacker.com is offline
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Default Who's responsible for hail damage occurring between inspection and closing?

All these pretty much indicate the buyer is out of luck . It's clear
that once the deal closes the house is "as-is" and any subsequent
issues are the buyer's problem. The only one that mentions roof says
"known" leaks and if the seller didnt know or there was no apparent
damage the sellers are off the hook.

Jonathan Kamens wrote:
writes:
... who is responsible for
hail damage between inspection and closing. The answer to that is:
The SELLER. Have you not read real estate contracts? Every one I've
ever seen says the seller agrees to deliver the property at closing in
the condition it was in at contract time, broom clean, etc. And even
if it's not explicitly stated, it's implied.


Not all P&S agreements are like this, so whether the buyer has any
recourse at all, assuming that there really is substantial roof damage,
may very well depend on the language of the P&S he signed, as well as
on state and local law where the property is located. Therefore, as
I've suggested before (is it beginning to sound like a broken record),
the OP needs to talk to a lawyer.

Here're some quotes from P&S agreements I found on the net:

From
http://www.mcba.org/member/documents...teractive.pdf:

"13. Condition of Property. Buyer agrees to purchase the property and
any items included in the purchase AS IS except as provided in
paragraph 2, subject to reasonable use, wear, tear, and natural
deterioration between now and the time of closing. However, this
paragraph shall not relieve Seller from furnishing a Certificate of
Occupancy as called for in paragraph 11, if applicable. Buyer shall
have the right to inspect the property within 48 hours before the time
of closing, and Seller agrees that all utilities shall be on at that
time."

From http://realestate.utah.gov/REForms/New%20REPC.pdf:

10.2 Condition of Property. Seller warrants that the Property will be
in the following condition ON THE DATE SELLER DELIVERS PHYSICAL
POSSESSION TO BUYER:
(a) the Property shall be broom-clean and free of debris and personal
belongings. Any Seller or tenant moving-related damage to the Property
shall be repaired at Seller's expense;
(b) the heating, cooling, electrical, plumbing and sprinkler systems
and fixtures, and the appliances and fireplaces will be in working
order and fit for their intended purposes;
(c) the roof and foundation shall be free of leaks known to Seller;
(d) any private well or septic tank serving the Property shall have
applicable permits, and shall be in working order and fit for its
intended purpose; and
(e) the Property and improvements, including the landscaping, will be
in the same general condition as they were on the date of Acceptance.

On the other hand, from
http://www.ilrg.com/forms/realestate-purchase.html:

After closing, all conditions of the property, as well as any
aforementioned items and systems, are the responsibility of Purchaser
and shall be deemed purchased AS-IS.

This next one's a mixed bag, indicating that the seller has to deliver
the property in the condition it was in when the agreement was signed,
but also indicating that the buyer has to notify the seller of any
defects at or before the closing. From
http://www.woodandmeredith.com/forms/PSA1.html:

14. CONDITION OF THE PROPERTY: Seller agrees to deliver the Property to
Buyer in its present condition, ordinary wear and tear excepted, and
further certifies and represents that Seller knows of no latent defect
in the Property. All heating, cooling, plumbing, electrical, sanitary
systems and appliances shall be in good working order at the time of
closing. Seller represents and warrants that the personal property
conveyed with the premises shall be the same property inspected by
Buyer and that no substitutions will be made without the Buyer's
written consent. Buyer may also inspect or cause to be inspected the
foundation, roof, supports or structural members of all improvements
located upon the Property. If any such system, appliance, roof,
foundation or structural member shall be found defective, Buyer shall
notify Seller at or before closing...

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