Dear Michael: I am selling my home and my tenants are not cooperating by refusing my Realtor to show my house to prospective buyers. What should I do in order to get them to cooperate with my Realtor?
Answer: You’re in an unfortunate situation. Tenants are required by law to let your Realtor show your property if they have received a 24 hour notice. Unfortunately there is not much you can do if they don’t cooperate.
If they are not home and you have given them a written notice then you can just let yourself in with your key. It may be a good idea to give your tenants a 60 day notice to move out which is the amount of time required by law.
This way after they have moved out your Realtor will have full control of showings and can market your home effectively. You may be out of rent income for everyday your property is vacant after your tenants have moved out but this is a small price to pay for an effective sale.
If you’re in a rush to sell your home you can entice your tenants to leave early by reducing their rent for everyday they leave. Selling a home in today’s market is challenging enough for Realtors; dealing with un-cooperating tenants can only make things more difficult. If your tenants are not cooperating with the sale of your home, wait until they move out before putting your home on the market.
Dear Michael: I sold my home without a Realtor about one year ago. At the time of the sale my plumber checked the plumbing and everything was fine. The buyer then agreed to purchase the home as is. The buyer is now asking for a refund of $1,500 for plumbing repairs relating to water pressure. No forms were use to keep track of acknowledgements when the transaction was done.
Answer: Although your situation does not seem very threatening at this time, it can possibly have a domino effect that could lead to lawsuits. This is one of the many reasons why a Realtor should be used when selling a home.
To answer your questions, if your plumber checked the water pressure and everything was fine, then your invoice may or may not save you. The buyer never did sign an acknowledgement and therefore may say that they never saw the invoice and where not told that the plumbing was working fine.
If this is the case it would be your word against the buyer. A physical inspection should always be done and a “request for repairs” should have been submitted in writing from the buyer requesting specific repairs. Signatures would have served as proof that the matter was resolved and accepted by both parties. For all real estate transaction, one rule of thumb: everything must always be done in writing.
Dear Michael: I am in escrow on a home and I found out trough my home inspection that there is a serious structural problem with the home. I am still within my contingency period. If I decide to cancel can the seller refuse to sign the release of my earnest deposit?
Answer: If the seller refuses to sign cancellation instructions and release o f buyer’s deposit during the buyer contingency period then the seller can legally be at fault. You both need to sign cancellation instructions to release your deposit.
If you have a Realtor representing you he/she will make the upmost effort to have the seller sign the release form in a timely manner. The last thing the seller wants is to have their homes tied-up in escrow with a buyer that does not plan on purchasing it. It is not to a seller’s advantage to procrastinate signing the release form.
The seller will want to put their house back on the market as quickly as possible so he/she can work on getting the next buyer lined up. If a seller refuses to release the deposit then it would signify mediation and possible arbitration of dispute.
For the duration of the time it takes to resolve any discrepancies between buyer and seller, the seller cannot sell the home to anyone until the dispute has been resolved. It is essential for a buyer to satisfy themselves with the properties condition before removing the “investigation of the property condition” contingency.
Michael Kayem is a Realtor with Re/max /Execs serving Culver City and the Westside since 2001. You can contact Michael with your questions at 310-390-3337 or email them to him at: homes@agentmichael.com