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Martin Uhrig, Real Estate Pro in ,

Cash offer has been accepted on a short sale. Who is responsible for winterizing?

Asked by Martin Uhrig, , Mon Nov 5, 2012

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Rafael Hernandez’s answer
Seller should take responsibility but since this is a short sale sometimes the seller want's to be hands off and does not want to put any more of their money into the property. If a P&S has not been signed yet you may want to include some language in there that would place the responsibility on the seller. Best advise would be to speak to the attorney and ask for their recommendation. Good luck!
1 vote Thank Flag Link Tue Nov 6, 2012
Thank you for all the responses. Its all very helpful. This is my first short sale & have heard nothing but horror stories so this will definitely help.
1 vote Thank Flag Link Mon Nov 5, 2012
Best wishes to you and thanks for your response!
Flag Mon Nov 5, 2012
Martin, On the Winterization question, it is the seller's responsibility to deliver the property in the same condition as it was shown when the agreement to purchase was made. So like others have said, it is the seller's responsibility.

Short sales don't need to be a nightmare. They do involve a bit more paperwork, and the seller's lender will ask for some documents again, and again, but this is due to the fact they that will generally only work with docs that are 60 days old, or less. If you are working with a listing agent that has experience in short sales the process should go well. Most times the delays come from inexperience, not having all the required documents upfront, and not having experience in working the the seller's lender.

If all goes well, getting the third party approval can be as quick at 45 days.
0 votes Thank Flag Link Thu Nov 8, 2012
Ask your lawyer this question.
If you don't have one - I would get one.
Your first short sale is not for learning.

(Please note: when you choose an answer as a Best Answer, or at least give a thumbs up, it helps those who answer questions here.)
0 votes Thank Flag Link Wed Nov 7, 2012
Hi Martin,
You have received some good advice. I think Kevin is right that you may want to check with the sellers agent to ensure that what you want done by the sellers is done, given it is their responsiblity. I'm not sure if the property is vacant or not, nor do we know the sellers intention, but it may be worth it to you if you are waiting on a short sale to make sure the property is winterized if it is vacation and no heat is on.

Your agent will be the best source of information during a short sale, best of luck!
0 votes Thank Flag Link Tue Nov 6, 2012
The seller is responsible or reo. Consult with your attorney
0 votes Thank Flag Link Mon Nov 5, 2012
Hello Martin,
The buyer does not own the property yet so the seller would be responsible for the winterization. Perhaps the two parties could work out an agreement?

Good luck!

Laura Feghali
Prudential Connecticut Realty
0 votes Thank Flag Link Mon Nov 5, 2012
The owner or seller is typically responsible. The PS states that the property must be delivered in the same condition as the property was viewed.

With that said, I try to specify in the PS EXACTLY what should be done with the winterizing of the property and who pays for it as many times the sellers don't have the money to winterize. Technically all the sellers need to do is keep the heat on and do not have to winterize.

At the very least drop a call to the sellers agent and get an idea of their intentions.
0 votes Thank Flag Link Mon Nov 5, 2012
The owner / seller is still responsible up until the closing takes place.
0 votes Thank Flag Link Mon Nov 5, 2012
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