If I signed closing papers yesterday and today the buyers went to the house but it had been broken into, am I liable?

Asked on June 2, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the break-in occured prior to the closing, the seller would be liable for any costs to repair, replace, etc. If the break-in occured post-closing, the buyer would be liable--he is now the owner. The critical issue then is when the home sale actually closed.

(One exception to the above: risk can be allocated by contract; if the contract of sale provided something else in regard to the risk of damage or loss from break in, follow what the contract says.)


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