[Stillwater Lake]

Dear ask me help desk members !
Please help me to determine whether I am legally have the following rights on the house which was officially Sold and posted as Sold but the closing date is in the end of February and all responsibility on the house is still under the old homeowner .

1. Can we close water to the toilets and stick the info tags warning buyers of not opening water till the closing date in the end of February?


2. They wrote in last amendment that the move in inspection will be on or before closing date in the end of February .Does it mean that they have to contact us first to get an access to the house if they want the move in inspection before the closing date ?


3. Can we demand our presence during move in inspection in order to avoid any provocations from the buyers side ?


4. Do we have to maintain at all times the driveway to be clean from snow, ice or we can clean it as soon we receive a request for entry from the buyers before the closing date ?

5.If the buyers will not give us any notice to come for move in inspection and when they come the driveway is full of snow and ice , are they legally able to call theirs snow removal service and then charge us ?


5. The house is officially confirmed sold but the closing date is end of February and we still have a full responsibility for the house to protect it against damages , vandalism and so on . Are we allowed to install temporary phone line , internet and monitor the house through security services and security cameras as well as changing all locks in the house and not providing the realtor with a set of new keys till either the closing date or till the buyers will call and ask for entry for move in inspection.

6. In the last amendment , there was written that the buyers can come for move in inspection on or before the closing date . Do the sellers still legally allowed to demand the 24 hours notice before the buyers are coming for a move in inspection?

Thank you for your attention ,
Homeowner.

[ScottGem]

Until the Closing you still own the property. At the Closing a new deed is signed and money changes hands. That is when ownership passes to the buyer.

Therefore you are responsible for security and maintenance of the property until the Closing. The only exception to that is if it is written into the Sales contract that the buyer has some responsibilities. The contract should specify what notice, if any, is needed for the move-in inspection.

You may have an agreement to sell, even a written contract to sell, but the house is NOT officially sold until the deed is transferred. Both the buyer and seller can back out right up to the closing. There may be penalties according to the Sales contract for doing so, but it can be done.

If you live in an area where snow is a big issue, I would not be inclined to shut the water off. This could damage the pipes. Instead I would set the thermostat to between 62 and 65.

[joypulv]

"Walk through" (move in inspection) is usually done the day before the closing. That way the closing can be postponed or canceled if anything is drastically different. (A common problem is damage from moving, such as disconnecting a washing machine and flooding the house.)

I would plan on having the house open, heated, water on, and driveway plowed the last week before closing. Let the agent know this. Should be adequate. You can do what you want with cameras and so on. No idea why you think you need stickers on water pipes. No one but you should be in the house for any reason now that you have a contract. The buyers can't 'order' you to do anything. They can back out of the purchase if something goes wrong!

[ebaines]

They need to coordinate a time for the final inspection with you, so that you can provide access to the property. Yes, you can be there during the inspection (its still your house).

You can certainly shut the water off for now, if you want, but it should be turned back on for the walk-through inspection (it's the only way the buyers can be sure the plumbing works). You should also have the heat on.

I don't believe there is a requirement that the driveway be plowed at all times, or even for the inspection itself unless an unplowed driveway makes it impossible to access the property (i.e. no parking available on the street, or perhaps you have a very long driveway that makes it impractical for someone to get to the house if its unplowed). You should also be aware that as the owner of the property you are liable in case anyone slips and falls on an icy drive or walkway.

[ma0641]

You should also be aware that as the owner of the property you are liable in case anyone slips and falls on an icy drive or walkway. Yes, they may be referred to as "invited guests", varies by state, just like holding an Open House or a Garage Sale, you are asking someone to visit the property.

[Alty]

Where I live snow must be removed within 2 days of it falling, otherwise you're fined by the county. I would check your local rules for snow removal. If they fine for snow left after a certain period, you would be responsible because you still own the house.

[ebaines]

Alty, I suspect you 're talking about removal of snow from sidewalks. Where I've lived there have been no requirements for removal of snow from private driveways or pathways (NJ and IL). But as already noted you can be liable for slips and falls.

[joypulv]

No sidewalks here either, and I leave snow unplowed.
To reiterate, this is STILL YOUR HOUSE.
Yes, that means you are liable, but it also means you don't have to allow anyone on the property until the mutually agreed on inspection day.

(I have had friends tell me that I must have my driveway plowed. I can't find the source of this belief. If the house burns down, that's my fault. If I need an ambulance, that's my fault. The only thing I can think of is possibly umbrella insurance requirements. It would make sense, if you have a lot of expensive coverage.)

[Fr_Chuck]

It is not sold, it is under contract.
Sold is the minute after closing, when you have a check and they have a signed deed.

Until that point, you own the house, not them

[Alty]

I'm in Canada, and since the OP doesn't state where he/she lives, I'm going to play it safe. Not everyone lives in the US, or your town, and even in the US I'm sure that each town has their own rules when it comes to snow removal.

In the town I live in in Canada, we have two days to remove snow from sidewalks and driveway. Why driveway you ask? Well, we have flyer and package delivery, and many people still have door to door mail deliver, that requires people to leave the sidewalk and walk up to the door of the home, which means having to navigate the driveway. After 2 days, if the sidewalk and driveway remains unplowed, you're fined. It's entirely separate from damages you'd have to pay if someone slipped and fell. That's something your home insurance would deal with. The fines are from the county.

It's not a myth, it's not a story, been there, done that, had the fine because hubby and I were both suffering from the flu and our kids weren't old enough to shovel the walk.

So, depending on where the OP lives, my advice stands. I'd check before I decided to neglect the snow on sidewalks and driveways, because any fine before the house changes hands, is the responsibility of the OP.

I wouldn't assume that the OP is immune to fines, and I wouldn't assume that the OP lives in the same State, town, or country as you, when the OP never stated where they live.

Long story short, I'd shovel the snow, or at least check what the rules are where you live to avoid fines while you still own the home.

That was a lot of explaining for something that should have been easy to grasp.

[tickle]

In my town in Ontario we are only required to keep a walkway clear of snow but not ordered to pending a fine. Driveways are the same, you either plow, shovel or whatever but no order to do so or get a fine.

[joypulv]

In the US, the USPS has one rule for the entire country regarding mail - if it can't be delivered to the box or the house, it goes back to the PO, where it sits for 10 days and then goes back to the sender if you don't go get it. You can fill out a card to hold mail for 30 days. You can have it forwarded. You can rent a box for 6 or 12 months.