Home Buying in Marlborough>Question Details

Rita Vazquez…, Both Buyer and Seller in Hudson, MA

HI! We just signed the P&S on a new house, getting ready for closing. The house has been empty since Spring. We currently live in town in

Asked by Rita Vazquez-Torres, Hudson, MA Mon Oct 31, 2011

a smaller house family is going to live in. After yesterdays snow storm, we drove to the house we are buying with the intent of a "drive by" just to survey if there was any damage -we found a tree blocking the entrance and a tree fell on the house.I pulled out my camera and took pictures - IMMEDIATELY called my broker and I emailed the pictures to her and the attorney (she was out of town). Today, the listing agent stated that she has a "Neighbor" in charge of watching over the house and we are NOT allowed on the property without a real estate agent. As of when my agent contacted the selling agent, the selling agent was unaware of the damage. Under normal circumstances of course, we wouldn't have gone, but there was a catastrophic storm and knowing the premises we were worried. Are we in trouble? I've asked my broker to have the attorneys figure that one out. WIll the damage affect our closing? There is a for sale sign and I'm sure others have driven by and peeked.

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In my opinion, no one can stop you from going on the property - agent present or not. If it is vacant, and there is a sign, it is on the market. If it is occupied, it is rude, but I am not aware of anyone being "in trouble" for visiting a property that is for sale.

On the damage note, be careful how the repairs are completed. In my opinion, I'd get estimates and a credit rather than having the work done before closing. That way you get the warranty, and with the contractor of your choice. Using estimates and a credit/holdback will move the closing forward faster, too.

(The lister is just trying to make sure that "extra" damage does not happen to the property. For example, if you tried to move anything to survey the damage, or crawled onto the tree to get a better look and caused more damage than was originally caused by the tree falling, then the seller would have an issue with the damage that they need to be responsible for. If you exacerbate the damage, you could become responsible for all of it, so I'd be careful. Having an agent there with you will help everyone know who is responsible for what damage.)
0 votes Thank Flag Link Mon Oct 31, 2011
Rita,

The listing agent seems like a piece of work...The issue is not you having driven by...it's not as if you went physically into the property.

The issue is that a tree has fallen on the home and they need to address what if any damage has occured and how those damages are going to be repaired.

Getting upset or put off that you went by the home is a bit odd if you ask me.
1 vote Thank Flag Link Mon Oct 31, 2011
Rita you are not in trouble. If you had entered that house that would be a different story. The seller will have to repair any damage caused by the storm prior to closing.
1 vote Thank Flag Link Mon Oct 31, 2011
Dont let the listing agent use scare tactics. You are fine. There was a huge storm, you did a driveby, saw damage to the house and documented it with a camera. The listing agent probably reacted on emotion that this is now her (bc her clients) problem.

Good luck!
Web Reference: http://territory.com/
0 votes Thank Flag Link Wed Nov 2, 2011
The house has substantial damage, and even though I stayed in the car, now that the ice has melted, not a thing is being done to address the tree blocking the entrance, fallen trees, and not a note on anything going on to address the disaster - I took some more video and pictures from the neighbors driveway - they said please go ahead. I think the sellers may pull out of the deal thanks to the selling agent who clearly does not like us nor wants us to buy this house, which was listed for 120 days before it got its first and ONLY offer - ours...
0 votes Thank Flag Link Tue Nov 1, 2011
Yes, the P&S does have a right to inspect clause prior to closing.
0 votes Thank Flag Link Tue Nov 1, 2011
Hi Rita,

You should refer to your P&S. There should be provisions in it for damage incidents as you've described. Your P&S should also have a provision for a final walk through of the property prior to your purchase. This is the legal right to enter the property.

Best of luck!

Paul
0 votes Thank Flag Link Tue Nov 1, 2011
She is a PIECE of work. She had the house both listed for rent and active even through negotiation and P&S, the sign is still on the lawn, and she is a pain to my agent. She told my realtor we were NOT to be at the property unescorted - we took the pictures from the outside - there is no way we can get in or want to unescorted. We did not enter the premises nor would we by any stretch of the imagination. My agent was all peaches and cream but set her straight - told her that her request was unreasonable and furthermore, the type of weather we had warranted the concern of the buyers. There will be a lot of negotiation to be had, based on all your recommendations. This young agent will NOT resell this house and once we move in, I plan on writing to her supervisor and writing a review for the local papers and a full yelp review on the experience. She is unpleasant, not clear (lies), and forgets that a buyers client is a potential client in the future. What if my agent retires in the next couple of years, and when I'm ready to resell the house, who would I want to contact. Certainly NOT this agent - but I am keeping many of you in my rolodex! THANKS!
0 votes Thank Flag Link Mon Oct 31, 2011
You are most definitely not in any trouble - anyone is allowed to walk on the property - as someone stated below it is rude if people are living there.......The sellers are responsible for any damage until you sign the documents.
0 votes Thank Flag Link Mon Oct 31, 2011
Technically you should not be on the property without a real estate agent present. I don't wee why you should get in trouble for that. As far as the tree damage, the damage will need to be assessed and hopefully insurance will cover and the repairs can be done before closing.
0 votes Thank Flag Link Mon Oct 31, 2011
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