Importance Of A Final Walk Through

Dear Phyllis,
I recently closed escrow on
an older home — a beautiful
vintage Spanish style. My wife
and I saw the property once
during the open house and
again with our Realtor before
making an offer. After our offer
was accepted, we returned
for the property inspection.
Everything seemed in order.
About a week before closing,
there was a period of heavy
rain. It didn’t occur to us to
check on the house again before
the close of escrow. However,
when we received the keys
and moved in, we discovered
that a portion of the ceiling in
the kitchen had collapsed. The
sellers had already vacated the
property weeks earlier so it’s
doubtful that they would have
known.
Now we are getting the roof
fixed and really can’t move into
the home. All of our stuff is in
the moving van until we can
move in. Bills are racking up.
I’m unsure of how to proceed
and whether I have any
recourse. I would appreciate
any advice you can offer.
— Rained Out

Dear Rained Out,
I’m sorry to hear about the roof
damage — what an unfortunate
surprise to face right as you’re
trying to move in. Older homes
are full of charm, but they can
also come with hidden issues
that only reveal themselves
under certain conditions, like
heavy rain.

Your situation underscores
the importance of a final
walkthrough before closing.
Most purchase agreements give
buyers the right to inspect the
property one last time, usually
within five days of the closing
of escrow. The purpose is to
ensure that the property is in
the same condition as when the
offer was accepted and that no
new problems — such as your
collapsed ceiling — have arisen.
Had a final walkthrough been
conducted after the rainstorm,
you might have discovered the
damage in time to address it
before the sale was finalized.
You could have claimed that the
condition of the property had
changed and refused to move
forward.

I’m not a real estate
attorney; I can’t say definitively
whether the damage constitutes
a breach, but it’s definitely
worth discussing with your
Realtor. If your agent can’t help
resolve the issue, I recommend
consulting a real estate
attorney. They can review your
contract and advise if you have
grounds for recourse.

Wishing you a smooth path forward—
and a dry roof very soon.
Phyllis