Most real estate contracts in New York State provide that the property is sold in “As-Is” condition, i.e.  the property will be in the same condition at closing as it was in at the time the contract was signed, subject to reasonable wear and tear.  For example, if a toilet was broken when the contract was executed and purchaser consented to it, the seller has no obligation to fix it.  However, if the toilet was not broken when the contract was executed, but it is at closing, the seller must deliver it in "As-Is" condition.  The parties can agree to a replacement for item of same grade and quality, a dollar amount adjustment inclusive of item price and contractor to replace it, or otherwise.  It is key to address these items at closing and a clients duty to inform their attorney of them.  Our firm will advise you how to handle when an issue arises to ensure a smooth closing.

 

After Closing, the seller has no further obligations to the purchaser as to conditions of the property.  If these items were not addressed, they are buyer’s ultimate responsibility. 

 

WALK-THROUGH & INSPECTION RECOMMENDATIONS

 

 

• Flush toilets, turn on showers, and turn on faucets to inspect for leaks

• Test all appliances

• Turn on all light fixtures

• Check garage door openers

• Open and close all cabinets and doors

• Inspect ceilings, wall and floors for water stains, mold or general damage

• Run garbage disposal and exhaust fans

• Test heating and air conditioning systems

• Inspect, open and close all windows

• Ensure an operational smoke and carbon monoxide detector on the premises, as required by law

• Make sure all items the seller contracted to fix have actually been addressed

• Make sure the premises is vacant (unless agreed otherwise)

• Make sure all debris and furniture is removed from the home (unless agreed otherwise)

• Visually inspected exterior and roof if possible

 

The Buyer should bring the following items to the walk-through:

• Camera to bring prrof of damage, etc.

• Light bulbs (used to verify that a light fixture is operative)

• Flashlight (in case utilities are off)

 

Closing suggestions -- As good as you may be at documenting condition of the property, negotiating, and your attorney protecting your rights, a difficult Seller may refuse to do last minute fixes or pay for broken items even if bound to do so by contract.  The firm cannot force remedial work upon a non-compliant seller and starting an expensive case may outweight the benefits of a minor repair.  The firm will use its best efforts to negotiate a solution but be ready to deal with such unknowns and not walk away should a seller not comply.  Do not lose your demeanor if a seller:

 

• has replaced an item with another item of like kind and quality but its color does not match or its material does not match.  

• removed a picture and you dont like the unsightly hole left in the wall from a hanging nail or mismatched paint, 

• Unless the appliance is brand new, do not expect it to function as a brand new appliance.