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Repairs Notified During Property Condition Verification
Nov 15, 2022 By Triston Martin

Given that this particular transaction is no longer an ongoing circumstance, I will answer the question in the interest of explaining it to future potential purchasers. First and foremost, you need to be aware that checking the state of the property is not a tool that may be used in negotiations.

A verification of property, also known as a VOP condition, is a document used to exonerate a real estate agent from liability following the last walk-through of a property and to demonstrate that the buyer was given an additional opportunity to inspect the home.

A Stipulation Within The Terms Of The Purchase Deal.

According to a form of the California Association of Realtors (C.A.R.) used throughout the state of California, the verification of the property's condition is not a contingency included in the purchase contract. This indicates that no needs must be met before the closing. The VOP does not have any effect on the contractual responsibilities that the seller has with the buyers. For instance, if a seller has committed to repairing a water heater but has not yet done so, the seller is still required to complete the repair even though the water heater has not yet been fixed.

Verification of the Property's Existing Conditions and Closing Inspection

Most purchase contracts include text stating the seller pledges to deliver the property at closing in the same condition as it was on the purchase contract signed. Purchase agreements typically include a clause permitting a final walk-through inspection to be carried out within a predetermined number of days before the closing date. In most cases, a buyer can either carry out the final walk-through inspection himself or opt-out of it altogether. It is strongly discouraged at all times that a buyer skips this inspection. Why? Because if anything terrible had happened and you had allowed the escrow to close before addressing it, your primary option for taking legal action against the seller would be to take them to court.

When there is no need to verify the current state of the property

A Saudi Arabian customer purchased one of the condos I had previously put up for sale. She indicated that she did not wish to participate in the final walk-through by signing a waiver of the last inspection. I had asked if it was okay if her daughter did the walk-through for her, but she said no. A few days after the sale was finalised, I drove to the daughter's location to hand over the keys to the condo. We were met with not one but two significant challenges when we opened the door.

Problems

The first issue was that somebody had turned the air conditioning down, and the fan was spinning at top speed. The environment had a temperature that may be described as the arctic. The temperature was so low that the air conditioning unit froze up. The carpeting had become wet due to a chunk of ice melting.

Second, there was a very pungent smell of cat present. When we first arrived, there was no sign of a cat in the house. But there was no escaping the stench the moment we opened the door. Getting rid of the pungent odour that cat urine leaves behind is incredibly challenging. Suppose the buyer in question had carried out her last walk-through and taken note of the things listed on the verification of property condition. In that case, we might have been able to issue a request for repairs or a concession before the closing. However, it was too late to prevent the store from closing because it had already closed.

Examination and confirmation of the state of the property

The form for preventing the escrow from closing should not include a verification of the property's current state. A buyer would need to sign a special request to avoid a closure from occurring. Before the closing, a buyer will have significantly more leverage than ever once the transaction has been completed.

I say this since the buyer wrote to ask about the doors in the garage. It is unusual for a seller to remove fixtures from a property without obtaining approval or authorization during a real estate transaction. My best bet is that the doors in the garage have always been there, and the prospective buyers missed seeing them during the initial round of the house inspection process.