Aug
31
Property Damage After A Property Is Under Contract - Who is Responsible?
Posted by Joshua Hanoud under For Buyers, General Information, First Time Buyer
The following question was recently posed by a buyer:
Hi Josh - I was going to buy a house in Spring Hill, FL, but I had a question on the insurance for the house. If I signed a contract and then had a home inspection, and after the inspection period expired kids broke in and destroyed and stole stuff from the house… and I still don’t own the house in Spring Hill until the closing date, who pays the cost to repair or replace what got stolen/damaged? Thank you, Glenn
Hi Glenn,
Before I get into the answer to your question, I would strongly suggest you contact a local Florida real estate attorney for guidance, as this has to do with Florida contract law and as a Licensed Realtor in Spring Hill, Florida (and not someone who is licensed to practice law in the State of Florida), I am not allowed to interpret a Legal Contract - however I would suggest that the following clauses of the FAR/BAR As-Is Contract for Purchase & Sale may be useful…
Until you actually close on the property, you are not responsible for that property. Most contracts have (or should have) language similar to what is found in the FAR/BAR Contract (approved by the Florida Association of Realtors and the Florida Bar Association) which states as follows in Standard O (beginning on line 210 of the FAR/BAR As-Is Contract for Purchase & Sale):
O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty (”Casualty Loss”) before Closing and cost of restoration (which shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract, and if restoration is not completed as of Closing, restoration costs will be escrowed at Closing. If the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as is, together with the 1.5% or receive a refund of deposit(s) thereby releasing Buyer and Seller from all further obligations under this Contract. Seller’s sole obligation with respect to tree damage by casualty or other natural occurrence shall be the cost of pruning or removeal.
This situation might also be covered by Standard X (beginning on line 262) which states as follows:
X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including, but not limited to lawn, shrubbery, and pool in the condition existing as of the Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that all items of Personal Property are on the Real Property and that the Property has been maintained as required by this “AS IS” Standard. Seller will assign all assignable repair and treatment contracts and warranties to Buyer at Closing.
Again - if you have questions about the meaning and the potential interpretations of these clauses or their equivalents in whatever contract you may have used, you need to take that up with an attorney who is qualified to interpret them for you. My “go-to” attorney here in Spring Hill, Florida charges $150/hour and can usually go over a contract and answer any questions my clients have in about 1/2 hour (charging in 15 minute increments, this amounts to $75 and is quite possibly the best $75 my clients could possibly spend if only for their peace of mind).
Best of luck moving forward, and if you have any other questions about Spring Hill Real Estate, please feel free to click here and let us know! We’re happy to help.
Thanks again,
-Josh
http://www.HernandoLuxuryHomes.com
http://www.HernandoCountyForeclosureList.com






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