Can a seller refuse a final walk-through before closing

The final walk-through is a crucial step in the home-buying process. It allows the buyer to ensure that the property is in the same condition as when they made their offer and to identify any issues that may have arisen since then. However, can a seller refuse a final walk-through before closing? In this article, we will explore the rights of the buyer and the obligations of the seller when it comes to the final walk-through inspection.

Buyer’s Right to Do Final Walk-Through

The Offer to Purchase and Contract specifies that the buyer has the right to conduct a final walk-through inspection of the property before closing, despite the Due Diligence Period ending. While the buyer forfeits the right to terminate the contract based on issues discovered during the Due Diligence Period, they retain the ability to terminate for other valid reasons outlined in the contract. To ascertain conditions like property condition or damage to improvements, the buyer must inspect the property until closing, as outlined in paragraph 8(c) of the contract.

It is important to note that the buyer’s right to the final walk-through is not just a formality – it serves an essential purpose in protecting their interests. In many cases, issues may arise between the time the offer is accepted and the closing date. These issues can range from damage caused by the seller during the move-out process to problems with the property’s systems or utilities. Without the opportunity to conduct a final walk-through, the buyer may be left to deal with these issues on their own.

Seller’s Obligations

The seller has certain obligations when it comes to the final walk-through. They must ensure that the property is in the same condition as when the buyer made their offer, with the exception of any agreed-upon repairs or changes. If the seller fails to meet these obligations, the buyer may have grounds to terminate the contract or negotiate repairs or compensation.

However, it is important to note that the seller does have the right to refuse a final walk-through in certain circumstances. For example, if the buyer wants to conduct the final walk-through at an unreasonable time, such as the middle of the night, or if the buyer has been repeatedly delaying the closing date, the seller may have valid reasons to refuse. Additionally, if the buyer has already conducted multiple inspections during the due diligence period and has not requested any repairs or changes, the seller may feel justified in refusing the final walk-through.

Negotiating a Solution

If the seller refuses a final walk-through, it is important for the buyer to take action to protect their interests. The buyer should first try to negotiate a solution with the seller. This may involve agreeing on a different time for the final walk-through or finding an alternative way to address any concerns or issues.

If the seller continues to refuse the final walk-through despite reasonable attempts to negotiate, the buyer may want to consult with their real estate agent or attorney to explore their options. Depending on the specific circumstances, the buyer may be able to terminate the contract, negotiate repairs or compensation, or take legal action to protect their interests.

Protecting Your Interests

Whether you are a buyer or a seller, it is important to understand the rights and obligations surrounding the final walk-through. For sellers, it is crucial to fulfill your obligations and ensure that the property is in the agreed-upon condition before closing. For buyers, it is important to assert your right to the final walk-through and take action to protect your interests if the seller refuses.

Remember, the final walk-through serves as a last opportunity to identify any issues before closing, and it is in everyone’s best interest to ensure that it takes place. By understanding your rights and obligations, you can navigate this important step of the home-buying process with confidence.

While a seller does have the right to refuse a final walk-through in certain circumstances, it is generally in their best interest to allow the buyer to conduct this important inspection. By fulfilling their obligations and cooperating with the buyer, the seller can facilitate a smooth closing process and maintain a positive relationship with the buyer. As for the buyer, it is important to assert your right to the final walk-through and take action if the seller refuses to cooperate. With proper communication and negotiation, both parties can ensure a successful closing and a satisfactory home buying experience.

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