Home Selling in Los Angeles>Question Details

mcdaniel661, Home Owner in 93243

Seller and sellers realtor have denied use a final walk thru. Is this legal in California ?

Asked by mcdaniel661, 93243 Thu Jan 2, 2014

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14
There is no state law allowing or requiring a final walk through inspection. It depends on what the contract says. If you used a California Association of Realtors purchase agreement, item 16 on page 5 "Final Verification of Condition" gives the buyer an absolute right to conduct a final walk through inspection within 5 days prior to close of escrow. Unless you and the seller eliminated that item in a counter offer which I doubt, then you do have that right, and seller's refusal to comply is a breach of contract, and demonstrates bad faith on the part of the seller and the agent. Make your demand for that inspection in writing, or they will deny that you requested it, and get their response in writing. The easiest way to do that is with email. If it turns out that the seller damaged the property during the escrow period or in moving out, or they failed to make an agreed upon repair, the seller and the agent will be liable.You should advise the listing agent of this right, and the consequences to him (his personal liability) if the seller continues to deny access for the walk through, and advise the listing agent that you will do a thorough walk through inspection upon close with a witness taking photos, and should there be a problem that should have been remedied by the seller prior to close, that estimates will be obtained, and he and his broker will be billed for the cost. In addition to assuming that you used a California Association of Realtors contract, I also assume that you had an agent. If so, my question to you would be why haven't you discussed this with your agent and his broker or manager? They should know this, and be able to resolve the problem.
2 votes Thank Flag Link Thu Jan 2, 2014
I agree with Dorene - get the brokers involved!
1 vote Thank Flag Link Fri Jan 3, 2014
Hi Modaine:

Check back in your purchase contract. All terms of your "Final Verification of Property Condition" should be stated in the contract.

Start there. Your realtor should be able to help you with this and you might also want to get the Broker's involved as well.

Good luck!

All the best,

Kat
1 vote Thank Flag Link Thu Jan 2, 2014
oh...and it is no longer called a "final walk thru"...refer to it as the "Final Verification of Property Condition".
Flag Thu Jan 2, 2014
Unless you waived the right to the final walk through then it is not within their power to deny you that right. As mentioned, it is part of the CAR purchase contract. Have they given you a good reason why they don't want you to conduct the walk through?

If the selling agent works for a reputable brokerage your agent should be able to go to their broker/manager and sort this out. Ask your agent to get their manager involved if needed.

Good luck!
1 vote Thank Flag Link Thu Jan 2, 2014
This is not legal that I know of. I work for a most reputable firm Keller Williams Los Feliz and there must be a Final Walk Through by the buyers and signed by all parties to the transaction. Go immediately to the agent's broker/manager and get support. Peter Reyes 323: 356-2879
1 vote Thank Flag Link Thu Jan 2, 2014
Thank you very much
Flag Thu Jan 2, 2014
No, it's not legal. What does the seller side have to say? Has your agent contact the listing agent or his/her broker? This would be the next step. If needed, get the brokers on both sides talking to one another.
1 vote Thank Flag Link Thu Jan 2, 2014
As noted below, if you used the C.A.R. contract you are entitled to do a walkthrough. I wouldn't close on this until I saw the condition of the property as something is definitely not right.
1 vote Thank Flag Link Thu Jan 2, 2014
A final walk through is part of the CAR contract.

While it is not legal to deny a Walk Through.

One has a claim only if there is an Issue or the Condition of the property is not the same as when it is Purchased. The sellers dont care whether you Close the Deal or Cancel the contract.

Likely the Value has gone up, so they are stirring the pot, and maybe if you are a first time
buyer, you are nervous.

if this is a Short Sale dont bother.

Good luck
Perry
Web Reference: http://www.ruthandperry.com
1 vote Thank Flag Link Thu Jan 2, 2014
Well, If I was your agent I would suggest you stop the close of escrow until they do or back out.
0 votes Thank Flag Link Sat Jan 4, 2014
I believe Shannon is advocating you suspend close of escrow until the Sellers provide access to complete your property condition verification rather than stopping the close of escrow. The Final Verification of Property Condition is not a contingency of the sale (Ref. Para 16), so you might place yourself in a much worse position if you attempt to cancel the purchase.
Flag Sat Jan 4, 2014
Legal questions must be answered by attorneys. Most of us are REALTORS.
I am not an attorney.
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Do you still want the property?
Regardless of the cause of this action it becomes imperative to get the brokers involved.
The brokers can impress upon the seller the costs they will very definitely incur if they fail to perform at this point. It serves no purpose to list those costs here, but the will total a punitive amount.
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Presenting such an ultimatum can result in abuse of the property. Try to avoid a 'scorched earth' outcome by suggesting an incentive. Consult your agent.
The professionals involved are your pathway to success.
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Ruth, the first responded suggested a motive that may be in play. Hopefully you did nothing to create that outcome.
0 votes Thank Flag Link Fri Jan 3, 2014
Hi McDaniel661,

The purpose of the Verification of Premises is 1) to make sure the property is in essentially the same condition as when you put forth your offer and 2) verify that any agreed repairs, corrections or modifications were made. This is usually done before signing your final loan documents and wiring your funds to escrow.

You have an absolute right to view the property. Have your agent's broker contact the listing agent's broker immediately to arrange your final walk through.

Best of luck,

Barbara Grandolfo
0 votes Thank Flag Link Fri Jan 3, 2014
It's part of the purchase contract in the California Purchase agreement called Final Verification of Property Condition. I always insist on this because a house I purchased years ago(before I was a Realtor) was stripped by the owners of doorknobs and cabinet hardware before I took possession. You want to make sure everything is as it was when you placed the offer.
If they are giving you a hard time about this, I would get the Brokers involved. The brokers run the offices where the agents are working. That should take care of the issue.
0 votes Thank Flag Link Fri Jan 3, 2014
mcdaniel661:

Randy has provided the best answer!

There is no State Law I am aware of (if there was I expect the CAR legal team would have referenced a CA Civil Code number); however, if the Seller disallows the contractual "Final Verification of Condition" walk-thru they are in breach of contract assuming the CAR Residential Purchase Agreement was signed by both Buyer/Seller; and furthermore, assuming no bi-lateral modifications to the RPA regarding the "Final Verification of Property Condition" wording.

-Steve
0 votes Thank Flag Link Thu Jan 2, 2014
It all depends on your sales contract. You should have a real estate attorney look at it if you are really concerned.

Alex Greer
Loan Officer
NMLS #1056079
http://www.TheMortgageOutlet.com

408-352-5147
AGreer@TheMortgageOutlet.com
0 votes Thank Flag Link Thu Jan 2, 2014
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