We just signed closing papers but it hasn’t recorded yet, who is responsible for damages that occur with the home between now and recording time?

When we did the walk through, there was no
electricity owner had it cut off and when we
went back to move our things in, noticed there
was a leak from the washer and dryer room that
has run from 2nd floor all the way to the
ground. She was supposed to leave the
appliances, this leak could have damaged as we
dont know how long the washer had been
unhooked. If there had been power at the walk
through, we would have likely seen that. She is
blaming us for the water damage, saying we
caused it when we got there and is refusing to
do anything about it

Asked on December 8, 2018 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It depends when the damage was done--pre-closing or post-closing. The closing is "dividing line" in ownership: before closing, even minutes before closing, it is the seller's house, and she must pay for or make good an damage. After closing, even moments later, it is the buyers' house, and they are responsible for damage. So if the damage occured pre-closing, the seller is responsible for it, and if she will not voluntarily pay, you could sue her.


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