NO! You don't own it. You can't do anything to it before you close escrow and it records.

Tenting is always an issue. It is difficult for the seller to do it because it takes 3-5 days right at the time they are trying to pack, get repairs done, etc. It is also hard for the buyer after close, because you need somewhere to live. I suggest the best way is to close the escrow with a 5 day rent back from the seller. Do the tenting after closing. This way the seller is closed and can use their money on their next deal. The buyer simply delays their moving until after the closing.

Guy Berry
408-690-2998
DRE: 00688457

Sara,
Is fumigation something that the seller is contractually obligated to do? If so, it should be done before close of escrow. If it is something that you want to do before occupying the house, I doubt that the seller will allow it. My advice to the seller would be “no”. The house is not yours yet, so you cannot do anything to it without the seller’s permission. Sellers are generally not willing to do so. They have nothing to gain and much to lose if something goes wrong.

You can ask. My response; if I was the listing agent, would likely be to advise the sellers no.

You have the liability of the fumigators on the property before it closes. Workers will be climbing on the roof, turing off the utilities, etc. Technically it is still the seller's property. What if someone hurts themselves? What if the house suffers some other damage? What if the lender doesn't fund? Who is financially responsible?

If you have a contract that requires a section I clearance and the fumigation is part of that, then the seller has the obligation to get it taken care before close of escrow (in most circumstances).

I'm guessing you bought it as-is and are anxious to get started on fixing a few things before you move in. You might be under the gun to get out of your current home by a certain deadline, etc.

If you had asked at the beginning, you might have unnecessarily complicated your negotiations with the seller. A few other little missteps like that in what is supposed to be an easy to close, as-is, deal could cost you in terms of price or being chosen or not chosen to get the deal.

Like I said before, you can ask.

Mark Burns, Realtor
Coldwell Banker Elite - Top 1% Worldwide
DRE #00896552 Licensed since 1985
Over 600 Homes Sold in SIlicon Valley

You mean your agent did not ask you about this stuff? Your agent didn't work to negotiate this when you put your offer in on the house?

WOW!!!

The questions that appear on Trulia make me wonder if all Realtors are incompetent. The fact that clients have to come here to get basic information is SHOCKING!!!

Louis Stone-Collonge
lstonecollonge@kwsv.com

If the home is occupied, good luck ! However, if it's vacant, have your agent prepare an addendum to present to your seller.

Hi Sara,

There are a few variables. Is the home vacant? Is the fumigation a condition of closing? Are you paying or is the seller paying. As I understand it, you are doing this on your own accord. If you are confident the loan will fund and you will close on time, the property is vacant, you need to have your agent contact the listing agent to see if this is permissible. The answer will again depend on the variable surrounding the deal.

It is inconvenient for the Seller as they have to practically move out for the fumigation to happen. No one can live there three days, not pets, food has to be protected, plants out, etc. So without the funds in their bank, the seller may not want to do that.

If it is vacant there is a chance to negotiate this. Talk with your agent.

Sara, this is usually the type of arrangement that must be made well in advance, as part of the offer to purchase.

If it was not done, there is no harm in asking, though I would not pin too much hope on the sellers agreeing at this late date.

Dan

Daniel Berman
Pacific Century Realty
Buyer Rebates to 50%
Listing Commissions as Low as 1%