Expert: Dick Dennis - 7/23/2006

Question
I had an investment condo, about 200 mi from my home, which sold. Escrow closed 7\12. When the condo went into escrow the agent presented the tennants with an eviction notice 6\1 to be out by 6\28. On 6\28, or 29 the agent did not follow-up to make sure the tennants vacated. They did not.
Escrow closed on 7\12, there was no final walk through for the buyer, which I think should have happened 6\9, or 10, or 11th at the latest.
The buyer went to the property 7\13, the tennants were still there, and the place was a mess.
The agent called me 7\13 called me that the tennants were still there. I said it was up to her to make sure there were out by 6\28. This is when I learned that there was no final walk through. The agent returned to the condo, talked to the tennant, they said they would be out Sunday 7\16. They contacted me, and said they were out, the door was locked, and the key was on the counter. I called the agent, let her know they were out, all loceked up. On 7\16
On 7\19 the new owner went to the condo, saw that there was someone living there. a window was broken, and the stove was missing.
Now the agent says I am liable for a new stove, and to fix any broken windows.
I say they are,because she did not make sure the eviction was enforced, and she, and the buyers agent  did not follow through with a final walk through prior to escrow closing. All this would not had happened if those two things had taken place in a timely manner.
Am I liable for something that happened a week after escrow closed? I think I am only liable if something is wrong during a final walk through. Am I correct. I believe the agents are liable. Your opinion? Thank you.

Answer
You have a lot to learn in real estate, Scott. I am sure the purchase agreement said something like, tenants are to be out prior to close of escrow. If they do not move, IT IS THE SELLER'S REPONSIBILITY.

Any damage or legal concerns must be taken care of by the seller. Period.

If the agent failed to do his job, the SELLER should have made sure that the proper passage of title was done. In this case, if I was the buyer, the seller would be on his way to court. It is obvious the walk through could not be done because of access to the property was not arranged by the seller. If the seller wants the sale to be successful, then the seller must make it so.

The tenants do not have a contract with the new owner or the agent. They have one with the seller.

If you are the seller, you have a lot to take care of, Scott. I do wish you well.

Dick Dennis              dixiedee13@aol.com