Question: We bought a house with a large lot. Yards are full of car parts and outbuildings. Debris fills the ground. Our buyer’s agent suggested we be specific about our wants and needs. We agree.
When we drafted our offer to purchase contract, we added two conditions:
- Sellers must remove all appurtenances within 10 days of receipt.
- Sellers agree to remove all automotive parts and debris from the lot within 12 days of acceptance.
On day 14, our buyer’s agent stopped by the property to confirm the conditions were met. This was an unofficial precursor visit to our official visit on day 15.
The house is located on a corner. The double-wide side door for car storage was wide open. The backyard and a side yard were visible to our buyer’s agent. The construction sites were always in disarray. There was a lone worker with a wheelbarrow. There is a dumpster located near the open gate. According to our buyer’s agent, this “worker” is “slowly loading” the dumpster with debris.
The seller’s agent said not to worry. The seller’s agent told our buyer’s agent that we can still close escrow on Friday. The seller’s agent is offering to take possession of it on Friday and the seller’s workers will arrive on Sunday. It would be funny if not so alarming.
What do others do in this situation?
Answer: The California Association of Realtors has a form called the Extension of Time Amendment (CAR Form ETA). Home buyers in your predicament extend the escrow (change of ownership) closing date. It’s a prudent tactic.
When the seller’s agent does not extend the terms deadline, the buyer’s agent must do so.
CAR Form ETA the versatile form for function:
- Paragraph 1. Extension of the escrow: the timetable for closing the escrow is extended until _____________ (date).
Paragraph 3. Other extension(s). The deadline for _________________________________________________________is extended until______________(Date).
Home buyers who are placed in your position do not request an extension. They demand them.
For housing market data in your area, visit my webpage for trends here. Do you have questions about buying or selling a home? Full-service real estate agent Pat Kapowich is a Certified Trust and Probate Specialist, a Certified Real Estate Brokerage Manager, and a career-long consumer protection advocate.
He is based in his hometown of Sunnyvale, California.
Office: 408-245-7700; Broker #00979413 Pat@SiliconValleyBroker.com
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