who is responsible after closing for defects

Uh, Oh, Buyer’s Agent Warns, We Have a BIG PROBLEM After Closing

big problem after closing

“Uh, Oh,” Buyer’s Agent warns, “We have a BIG PROBLEM after closing.” Wow, not what I expected. At the moment, I was busy dashing about, getting ready to meet my team at Biba’s for lunch, when this buyer’s agent called. What in the world could have happened? Immediately, I began wondering. Maybe the house exploded? Perhaps an asteroid smashed into the back yard? Or, the whole place burned down? Seriously, could not imagine why the agent was calling me about this BIG PROBLEM after closing an AS IS sale. Especially since client fiduciary with both seller and buyer agents terminates at closing.

So, what? So what is the problem? First, the agent had to set the stage. To do so, the agent launched into a long story about an estate sale for the extensive personal items and vintage furniture left in the home. Yes, valuable stuff the buyer received for free without paying any additional compensation. Then, something about the estate administrator drawing an itemized list . . . Yes, I know it sounds terrible but I wasn’t completely listening since I already knew the outcome. So, my mind began to drift to other pressing matters. Like, I have to walk 3 blocks to Biba’s and 3 blocks back to my office. Which shoes are best for a six-block hike?

Suddenly, the sound of the agent’s continued saga snapped back my attention, long enough for me to stare hard at my phone. Almost like somebody slipped this phone into my hand, and this is not my phone. My jaw fell open. Honestly, I could not believe the words vibrating out of the speaker on my phone. She reiterated, “We have a BIG PROBLEM after closing,” adding for emphasis, “it is a $500 problem.”

Hey, alarm bells going off. Since when is $500 a BIG PROBLEM? $50,000 is a big problem. $5 million, much worse. What could the $500 be about? I never really got the whole story but somehow a distant relative of the seller came over to the house and removed some of the items slated for the estate sale. Like, Ollie would say to Stanley, “this is another fine kettle of fish . . .” For starters, how did they know the guy? Further, how did he get inside? I dunno. I don’t even know the guy. Not even aware there was a relative living in town. Nope, only know the seller doesn’t live in California.

OK, now the conversation shifts. At this point, the buyer’s agent moves to the meat of the matter. Apparently, the buyer values those stolen items at $500. Moreover, the buyer prefers to settle this amicably.

Well, the logical answer is if a theft occurred, the buyer needs to file a police report at Sacpd.org.

Further, the buyer was not represented by Lyon Real Estate. She was not my client. The buyer and agent wanted to know, would I track down that relative and get his address and his cell phone from the seller? A fragile guy who is barely recovering from invasive surgery on top of the death of two close relatives and throw one more distasteful demand from the buyer at his feet?

Holy moly, on what planet do these people live? My real estate license does not extend to protecting a residence after closing nor negotiating settlements. Most people would hire a lawyer. Or, hire a security guard. Perhaps change the locks like a normal person. Don’t call the Sacramento listing agent after escrow closes, for crying out loud.

Elizabeth Weintraub

 

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