1 Simple Way to Avoid Closing Day Headaches
Reading Time: 5 minutes
Do a final walkthrough 2 business days before closing... if the property is unclean and full of debris, we can deal with it before we send the money.
Let’s dive into something that might seem routine but can really impact your buyer’s first impression of their new property—the final walkthrough.
Most of you already do a great job of including clauses in the APS that give your clients 2-3 opportunities to visit the property before closing. You’re also likely adding the important clause that requires the property to be left clean and free of debris.
But now, imagine this scenario…
Closing day arrives. The transfer goes smoothly, the deal closes, and the buyers get their keys. They walk into their new home, full of excitement, only to be greeted by piles of garbage, old furniture, and unclean conditions.
It’s not the welcome anyone wants. And it sours what should be a positive and celebratory moment for your client—a moment we, as service providers, want to avoid at all costs.
The Legal Options Post-Closing
Now, some of you may be wondering what legal options are available to the buyer in this situation:
- Send a Letter to the Seller’s Lawyer
This works about 25% of the time. Sometimes the Seller will step up and rectify the issue. However, more often than not, we hear back from the seller’s lawyer saying they’re only retained to handle the closing, so nothing gets resolved. - Bring a Small Claims Court Action
The Buyer can foot the bill for cleaning or junk removal, gather evidence, file a claim, and then wait for a hearing. All of that hassle just to recover a few hundred dollars, maybe more.
And even if the buyer wins, by the time they get reimbursed (if they do), they’ve already dealt with the inconvenience and frustration during what should have been an exciting time.
Clearly, neither of these options is ideal.
Preventing the Problem Before It Happens
So, how can we prevent this from happening in the first place? It’s simple: do one of your walkthrough visits 2 business days before closing.
During that walkthrough, you and your client can inspect the property to make sure everything is in the condition as required by the APS.
Why 2 Business Days?
If there’s garbage, debris, or anything else left behind, we still have time to notify the Seller’s lawyer and get the issue resolved before the closing funds are transferred.
This is key because people are much more motivated to fix problems when the money is still in play. In practice, we see it resolved at this stage almost every time.
A Win for You and Your Clients
By encouraging your clients to do that final walkthrough, you’re showing them that you’re proactive in protecting their interests. They’ll appreciate that you’re going the extra mile to ensure their new home is exactly what was promised.
And the best part? Most of the time, this simple step prevents any post-closing issues, so the buyer can move into their new home without a hitch.
Final walkthroughs aren’t just a formality—they’re an essential part of ensuring a smooth and successful closing. And while no one likes to think about worst-case scenarios, being prepared can save everyone time, money, and stress.
Zachary Soccio-Marandola
Real Estate Lawyer
Direct: (647) 797-6881
Email: zachary@socciomarandola.com
Website: socciomarandola.com
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