Home Buying in 20744>Question Details

Dd, Home Buyer in 20744

Seller and bank accepted my offer on a short sale (havent received final approval from bank-its been 2.5 weeks). I can't complete the appraisal

Asked by Dd, 20744 Wed Jun 2, 2010

and can't conduct the inspection b/c the utilities are not on. The sellers have to pay the bill. They promised 3 weeks ago to pay the bill. What are my options? I suggested turning the utilities on in my name but I was told that i could not b/c my name is not on the deed; I offered to pay their utility bill and have that amount deducted from the closing cost-my answer was no. My contract with my lender expires on 6/21 and I was told I would have to start the entire process over again. I expected to go to closing 2 weeks ago.

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I see you are writing from my very own zipcode... you do have the option of conducting your inspection, making the inspection results contingent on status of the systems once the utilities are (Finally) turned on. This will help you gain some measure of knowledge about the house, but if this is a Short Sale, I suspect it is being sold "As-is" and there won't be much recourse for property condition, whether the utilities are on or not.

I hope your agent has reviewed the situation with you and discussed your options clearly and concisely. Your contract is the operating document; take another look and see if you have any recourse regarding "Property Condition".

Best of luck...

(Last thought - with interest rates still nudging down, it might be to your financial benefit to "start the entire process over again..." - it might end up saving you some money on your rate. Just a thought!)
0 votes Thank Flag Link Wed Jun 6, 2012
Do not lie in any way to the utility company for any reason. Once you get the house a lie can come back to haunt you. This is one way a realtor can assist you. They can contact the utility company and see if the utilities could be turned on for one day for inspections. Are you working with a realtor? Does the seller have a realtor? If either or both of those answers are no then that is one of your first problems. You need an intermediary to work on your behalf. At this point it may take a real estate attorney to step in and see if they can protect your contract. Remember, you and the seller are both in a contract. Not just you. So protect your contractual rights and get an attorney if you do not have a realtor. You might also contact the company that is going to handle the settlement and see if there is anything they can do to assist you. Believe it or not many of these issues have been addressed by experts in the real estate business in your community before so answers are out there. Just reach out to the professionals.
0 votes Thank Flag Link Tue Feb 1, 2011
I have worked with a client who had this same issue with a foreclosed property. Depending on the utility company, you maybe able to have the electricity turned on for the day of inspection by providing a copy of your contract. However, utility companies such as the water will not allow this as they can simply put a lien against the house. My suggestion is, if the house really means that much to you and the sellers are not willing to bring anymore money to the table, pay the bill and consider it an additional investment in your home or walk away.
0 votes Thank Flag Link Tue Feb 1, 2011
you should call the utlitie co. and turn it on for the day in your name.
0 votes Thank Flag Link Wed Jun 2, 2010
You can turn the utilities on in your name - just tell the company you are renting the home and need the utilities switched so you can do your CO inspection or something related...fees will be minimal and you can always have it turned off and out of your name if you decide you don't like the inspection results and want out of the deal.

Tom Hinz
0 votes Thank Flag Link Wed Jun 2, 2010
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