Home Selling in 92630>Question Details

Kim, Home Buyer in Lake Forest, CA

with a final walk-thru with the potential new owner-can you still have furniture in the house until they actually take posession ?

Asked by Kim, Lake Forest, CA Mon Dec 12, 2011

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Hi Kim,

Yes, you can. I had this issue come up once with a buyer (I was representing the seller). The buyer wanted everything moved out for the final walk through. I contacted the Legal division at California Association of Realtors to make sure the seller didn't have to move everything out for the final walk through and the Attorney advised me that the seller doesn't have to have everything moved out until time of possession. In today's market, this is not uncommon as deals can still not close up until the last minute.

Shanna Rogers
SR Realty
http://www.RealtyBySR.com
1 vote Thank Flag Link Mon Dec 12, 2011
Kim-

As previously stated, that should be worked out ahead of time within the purchase agreement. If it wasn't addressed up front, just have the agents representing you and the buyer discuss it and come to an agreement. It is a relatively minor detail and can be easily handled. Great question though. I'm sure there are others who have the same thought.
2 votes Thank Flag Link Mon Dec 12, 2011
This should always be negotiated in the Offer to Purchase. If they buyer wants the house empty at the time of the walk-thru, they should state in the offer. Everything regarding real estate should always be in writing so there is no uncertainty.
1 vote Thank Flag Link Mon Dec 12, 2011
yes. but final walk-thrus are usually day before or day of closing. house should be completely empty by then. also, most buyers want to see everything removed (like furniture) so they can see the condition of the floors and other things in an uninhibited manner
1 vote Thank Flag Link Mon Dec 12, 2011
This is normal in California even though it may be frustrating. The final walk through is not a contingency of closing. You can not refuse to close because the home is not vacant.
I would suggest however that you not sign a verification of property if it is being requested of you until you take possession and see that everything is the same as when you put in the other.
If the home appears to be damaged in some way or they didn't complete the request for repairs your only recourse is to sue them afterwards. You can't not complete your obligation to close unless all parties agreed to that when the offer was first made.
Web Reference: http://www.laura4homes.com
1 vote Thank Flag Link Mon Dec 12, 2011
Hi Bill. I understand your apprehension. Ever since my first transaction around here, 35+ years ago, that's been the "way it is". In all that time I have yet to have an outgoing seller abuse the privilege.

They do it differently in Northern California, with the seller moving out, on the day escrow closes.
Web Reference: http://SouthOC.info
1 vote Thank Flag Link Mon Dec 12, 2011
Bob...as an outsider looking in, I would have agreed with Larry's answer but as the expert for your location, your answer should be honored.

Does this appoach lend itself to developing problems? I have to say, I can only see difficulty with this arrangement.

Respectfully,

Bill
1 vote Thank Flag Link Mon Dec 12, 2011
Larry, your answer - while it might SEEM to make sense - is NOT how transactions are usually conducted in Orange County, California. Here, if the sale is a seller occupied "equity" sale, walk-throughs are usually conducted within the last 5 days of the escrow - it's spelled out clearly, in the RPA 10 page sales agreement, a standard CAR form.

In addition to that, MOST such transactions - again, in THIS area - have a COE+2 or 3 provision, giving the outgoing seller 2 or 3 days to vacate the property AFTER the escrow has closed. That is a customary policy in this area, for an equity seller. ( Owner occupant.)

That does NOT include sales where the seller is short selling the property, in which case the contract should require that THAT type of seller, be out of the property prior to close of escrow. It also does NOT include tenant occupied properties, in that a tenant should also vacate the premises prior to the close.

Those are the way transactions are usually done in this area. If your agent did things differently, it's up to what you've agreed to, in the purchase contract.

Good luck having a successful close.
Web Reference: http://SouthOC.info
1 vote Thank Flag Link Mon Dec 12, 2011
Most final walk throughs take place either the day before or the morning of closing. While there's no law or rule dictating when the Sellers must have their furnitrue out, realistically it should be out by the time of the final waqlk through unless the buyer has agreed to close and allow the Seller a period of time after closing to vacate the property.

Were I advising you as a buyer broker I would suggest that you refuse to close until all the furniture had been removed so that you could then do a final walk through to confirm that the Sellers had not damaged anything during the move, that rugs weren't hiding stained hardwood floors, and that the house was left "broom clean" as nearly all real estate contract specify.

Best of luck of luck to you and I hope you enjoy your new home.
1 vote Thank Flag Link Mon Dec 12, 2011
Unless the contract stated that the home was to be completely vacant during the walk through having the furniture there should not be an issue. The walk thru is to confirm the overall condition of the property.
Web Reference: http://viewhomesinoc.com
0 votes Thank Flag Link Wed May 21, 2014
The walk-thru is to establish that the house is broom clean, that everything that has been advertised as being in working order is still the case and ideally that nothing has been left in the house. Usually the walk -thru is done just before closing or within a day before. If it has been agreed upon either through the attorneys or through the brokers, that for some special reason something is temporarily left until closing, that would be acceptable, then it might be ok, but it is generally the exception to the rule.
0 votes Thank Flag Link Tue May 6, 2014
The walk-thru is to establish that the house is broom clean, that everything that has been advertised as being in working order is still the case and ideally that nothing has been left in the house. Usually the walk -thru is done just before closing or within a day before. If it has been agreed upon either through the attorneys or through the brokers, that for some special reason something is temporarily left until closing, that would be acceptable, then it might be ok, but it is generally the exception to the rule.
0 votes Thank Flag Link Tue May 6, 2014
The main purpose of the final walk thru is to verify the condition of the property and to make sure repairs requested and agreed upon to be made were actually made. Even when there were no repairs requested, I highly reccomended to have a final walk through three days prior to closing on a property. This ensures the buyer that the property is still there and the home seller or occupant didn't strip the property of toilets, sinks, aplliances, etc. The movie "Pacific Heights" comes to mind.

As far as removal of furniture, this does not have to happen prior to the final walk through unless there is some separate agreement between the buyer and seller. There is always some risk that the seller does damage moving the furniture after the final walk through. I typically reccomend the seller deliver possession to the buyer one to three days after the close of escrow and also have the home cleaned professionally. I also reccomend both the buyer's and seller's agents be present at final walk through and delivery of possession.

Gareth Davies
949-283-3714

Realty ONE Group
Laguna Design Center
23811 Aliso Creek Rd. #181
Laguna Niguel, CA 92677
0 votes Thank Flag Link Thu May 9, 2013
Hi Kim:

Just had this happen in PA. I represented the seller and the moving truck was a. late and b. estimated the job wrong and had to send another truck to wrap it up.
The walk thru was possible but the sellers were furious. When it came down to it the house still had furniture in it and they were just upset they would have to pay their truck/stuff to sit and wait.
Thankfully the seller said she'd cover that hour (It turned out to be just 15 minutes of a wait).
I would suggest to get everything out as close to the final walk thru if possible or have the two agents in the know before this to ensure all sides are good with it.
0 votes Thank Flag Link Wed Sep 26, 2012
(I mean the buyers were furious) sorry.
Flag Wed Sep 26, 2012
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