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RSS FeedWhat NOT to Do!! |
May. 10, 2008
Categorized in: Current Exhibits
Tagged with: buyer damages property
Recently I was listing agent for a home that was purchased by an independent broker representing herself. On the surface it looked like an easy transaction…. All cash, 10 day close, no contingencies. But I knew there would be trouble when I dropped by to water the lawn and discovered the buyer/broker with her sports SUV up on the lawn talking to a man with a chain saw in his hand. He had already, at her direction, removed all of the bushes from the back yard and was proceeding to cut down a tree!!
Needless to say I was astounded. I told the woman that she had to stop immediately and remove the debris right away, and that she absolutely, under no circumstances, was she to do anything else at the premises until after escrow closed. I explained to her (shocking that I should have to do this) that she did not yet own the house, she did not have permission from me or the owner to do any yard work or other improvements on the property, that she was trespassing, vandalizing the property, and breaking the law, and that she should cease and desist immediately. When I got back to my office I put all of the above in writing and emailed and faxed it to her, just to make sure she got the message.
Well, clearly she didn’t. I was away for 4 days but the day I got back she called to arrange a walk through the next day (
I had told her if she wanted a walk through I would escort her, as I had removed the keys.) When I arrived I discovered that, while I was away, the lady had proceeded to rototill the back yard (used to be grass), remove much of the back patio and part of the side patio, dig a trench across the front yard, and remove the hose bib that I had attached a hose to. At that point I probably should have called the police and filed a police report, but we were 2 just days from close of escrow, so instead I told her I would ask the neighbors to keep an eye on the property and instruct them to call the police if they saw her there. Then I proceeded to do just that while she stood and watched me. She knew I was serious!!
I had told her if she wanted a walk through I would escort her, as I had removed the keys.) When I arrived I discovered that, while I was away, the lady had proceeded to rototill the back yard (used to be grass), remove much of the back patio and part of the side patio, dig a trench across the front yard, and remove the hose bib that I had attached a hose to. At that point I probably should have called the police and filed a police report, but we were 2 just days from close of escrow, so instead I told her I would ask the neighbors to keep an eye on the property and instruct them to call the police if they saw her there. Then I proceeded to do just that while she stood and watched me. She knew I was serious!!Fortunately we closed escrow on time, and in the long run there was no harm done. But there could have been. Any number of things could have happened. Either she or the guy with the chain saw could have been injured by falling off the ladder, tripping on the mess they made, or whatever. The same is true of a neighbor who may have wandered onto the premises to fetch their runaway dog, or even the mailman. Or the escrow might not have closed. In the first example, the owner, my client (who lived in a different state) may have been sued for damages. In the second case, my client would have to spend many thousands of dollars to return the house to its former condition and may have lost time and “missed the market” while doing so, and most certainly would have gone after the buyer/broker for damages to the property and potentially for the difference in the sales price if he had to sell for less.
This is an extreme example, but the underlying message is clear. Even if the property you are buying is vacant, and even if you are very excited and chomping at the bit to start fixing it up to make it your own, it still does not belong to you. IF you really feel the need to make specific changes before escrow closes, at the very least you must get the owner’s permission in writing to do so. Personally I try to discourage any repairs or changes prior to close of escrow. It is better to close early, before the buyer’s move-in date to allow them time to make repairs. You just never know what might happen.
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