In This Chapter

It may be many weeks or months since your buyer first saw your home. As a courtesy, you may have allowed him to come back in several times over the course of the transaction, with family members, contractors, or decorators. Now that closing is upon you, the buyer is entitled to visually inspect the premises one more time. This inspection is brief and is known as a walk-through. Its purpose is to confirm that the property is in the same condition that it was when the buyer made his initial offer; that all systems and appliances are in good working order; that all of your belongings have been removed; and that the premises are “broom clean” and free of debris. Believe it or not, deals can and do fall apart at this stage. It’s silly and it’s rare, but it happens. If you are prepared for your walk-through, it will be smooth.

In this chapter, we discuss the entire walk-through process and some of the more common issues and problems, as well as how to rectify them.

The ideal time for a walk-through is right before the closing takes place, preferably within an hour or two. A buyer will sometimes do it the day before the closing, for personal scheduling reasons. This is not uncommon but not ideal, either. There is some inherent risk to performing it a day in advance, as the property could sustain damage of any kind in the 24 hours between the walk-through and the closing. There could be a storm that evening where a tree falls on the house, a pipe could burst, or it could be vandalized.

Overall, if there are any problems with the property or with its condition at the walk-through, the closing can be seriously delayed. If this happens, it’s usually because of some small dispute that comes up in the walk-through. The disputes are often relatively minor in nature—in theory, they should be highly negotiable—but in reality they may become more problematic than they need to be, because it’s an emotionally charged day for the buyers. Home ownership is imminent for them now. Small issues may appear to be bigger or more important than they really are. What may seem insignificant to you could be a big deal to the buyer.

As a seller, it’s important to remember two things. First, try not to minimize the particular concerns of your buyers on this very important day. Second, you are legally and ethically obligated to deliver the property in a certain condition. Sellers often end up negotiating credits to the buyer when the walk-through does not go well. We want to help you avoid unnecessary and avoidable costs.

On a walk-through, the buyer and his Realtor will cover the entire property, inside and out, to confirm that the condition has not deteriorated or changed, and that everything is in its place and suitable for closing. There are many areas that are inspected as part of a thorough and properly executed walk-through.

Now that your home is empty and the area rugs have been removed, the floors will be completely exposed. If an unusually large scratch, gauge, stain, or flaw is revealed in the walk-through, you may have a problem. It is disheartening for a buyer to walk into her new and empty home only to see a big gash in the center of a room’s floor. Some buyers will ask for a dollar credit before they will agree to close. Their thinking is that the seller should have disclosed the defect, particularly because it was hidden by a rug, and they deserve money to fix or restore the floor.

The overall point is that if you have a flaw in your floor (which was covered while your home was being shown), it should be disclosed to the new owners, at some point, well before closing. Or correct the defect yourself, before you put the home on the market. The cost may be lower than the credit you end up giving to the buyers at closing.

Walk-through problems with walls usually have to do with holes, chips, and marks resulting from your move. Another is when the buyer objects to leftover nails and picture frame holders. Some don’t bother to address this, usually because they plan to repaint anyway. But others do care and expect the walls to be spackled and touched up. Your response should be crafted in the context of the big picture. If everything else has gone relatively smoothly so far, and this is the only thing holding up the closing, we recommend giving the buyer a small credit to correct the problem.

This surprises some sellers, but in a thorough walk-through, these items will be turned on to be sure that they work properly. Broken dishwashers come up all the time. In fact, sometimes they start leaking water all over the place as soon as you flip the switch, even very expensive ones. If there is any appliance in your home that is not working properly, have it serviced or at least disclose the problem to the buyer in advance. It will save you much stress at the walk-through.

One of the smallest but most common problems with stoves and ovens is when the pilot lights—or more often the burners—don’t fire. There is usually a simple explanation such as clogged jets or being wet from a recent cleaning. Some first-time buyers can be very nervous about home ownership and repair, and ask you to fix it before closing, or to give them a credit instead. If you do not want to give them a credit, then run over to the property and actually light them yourself. If you are not physically in the area, ask your Realtor or a relative to do it.

If the walk-through is being conducted in a thorough manner, every single toilet and faucet will be turned on to check water pressure, that there is hot water coming through, and that the drains are not clogged up.

Make sure that the toilets flush and are not running, that the drains are open, and that the hot water has not been inadvertently turned off. As far as water pressure goes, if you have a bona fide pressure problem, it would have come up on the general inspection report. If the buyer’s inspector did not pick up on it and make it a negotiating point back then, it’s really no longer on the table for discussion.

Some sellers move out of the home several weeks before closing. They can forget to assign someone to provide maintenance for the lawn. By the time closing comes around, the once beautiful lawn is either completely overgrown or dead from lack of water.

Your buyer may have a valid case on closing day if he finds a dead or out-of-control lawn that was green and manicured when he made his offer. You’re actually in better shape if it’s just overgrown as you can mow it yourself that day or give him a nominal amount to hire a mower. But if the lawn is dead, you’re in a bit of a pickle. Unless there was a verifiable water shortage (which is a form of a state of emergency) where lawn watering was temporarily prohibited, you owe the buyer a lawn that is in the same condition it was in when he made the offer. In this case, you will likely be asked for enough money to reseed or resod.

While you are not required to hire a cleaning service or to make the home sanitized and spotlessly clean, you are required to deliver it (in most states) in broom-clean condition. If the buyer can make a case that the home is being turned over in a filthy condition, you may be called upon to give a dollar credit for a cleaning service.

For a buyer to make her case on this point, she would likely need to take pictures to convince a third party—either your Realtor or attorney—that it is, in fact, unacceptably dirty. This is a very subjective dispute. We recommend that you follow the advice of your Realtor or attorney.

This may be the most common issue associated with walk-throughs. There are so many items that sellers feel are okay or even good to leave for the new homeowner. The problem is that the buyer may not agree. One man’s treasure is another man’s trash. The last thing that a buyer wants to do on his first day as a new homeowner is to pay to have stuff he doesn’t own, or want, hauled away. In fact, he may even expect you to foot the bill.

In most states, you are required to deliver the premises free of debris. We define “debris” as “just about anything that is not nailed down.” If it’s not a part of the structure, take it with you.

There is so much confusion about what sellers may or may not remove from the home when they leave. There is almost always at least one thing that gets miscommunicated in a real estate sale. The buyers get to the walk-through and find that the seller took something he wasn’t supposed to, or left something that the buyers didn’t want. Here are the most common items that sellers take that they shouldn’t.

As a seller, you cannot take light fixtures, wall sconces, or chandeliers that are electrically wired into the walls unless you stipulated in the listing that they are exclusions in the sale. This means that you communicated, as far back as when the home was being shown to all potential buyers, which items would be taken and which would be included in the sale.

Even when you legally remove certain electrical fixtures, you must replace them with another, or at least cap the opening. You cannot leave electrical wires hanging out of a wall or ceiling where a chandelier or a sconce used to be. The replacement pieces don’t have to be expensive or even pretty; they just need to work and be safe.

Microwaves, coffee and espresso makers, flat-screen TVs, and even hot tubs that are built in, mounted, or affixed to a wall or deck become the property of the new homeowner unless you have excluded them from the sale before the contract was signed. If these items are freestanding, and not mounted or affixed to a wall, then you may take them. Otherwise, they are considered to be part of the structure.

This one really happens! Believe it or not, when sellers include the refrigerator in the sale, some of them will take it with them anyway and replace it with a dumpy, old, or far inferior brand. When the buyer notices in the walk-through (and she will), she can be incredulous and there may be a real battle between buyer and seller. The seller may feel that he promised the buyer a refrigerator and he gave her one. However, unless you expressly excluded it, the buyer is entitled to the exact refrigerator that was in the kitchen at the time of her offer. When you are called upon to remediate the problem, it could end up costing you more money than if you just left the original.

These items have value and also contribute to the style and look of the home. If you take them, the buyer will very likely notice and want them reinstalled. Original doorknobs can be of particular importance in old homes of a certain style, such as Victorians or Craftsman’s. When they are removed and replaced with less expensive contemporary fixtures, it devalues the whole home.

Shutters and flower boxes are clearly mounted and affixed to the exterior of a home and therefore stay with the property. They are not only part of the structure, they are an integral part of the curb appeal. They cannot be removed without replacing them with the same pieces.

A porch swing is part of and clearly affixed to the structure of the home. It can be a major attraction in the curb appeal, and the seller cannot dismantle and remove it unless it was labeled as an exclusion on the listing.

We’ve personally seen this scenario unfold. The seller removed the swing because he had a personal and emotional attachment to it. When the buyer, at the walk-through, discovered it missing, she was crushed. She stated that the swing was one of the factors in her decision to buy the home. The buyer asked for a credit and was awarded it because the swing was unlawfully removed.

Swing sets are a negotiable item. The buyer is sometimes glad to have it but also retains the right to refuse it. If the buyer refuses it, the seller is required to remove it from the premises. We can’t tell you how many sellers we have seen attempt to get rid of swing sets. They are difficult to dismantle and transport, which is why so many sellers prefer to leave them behind.

We have tried to help some of our sellers find a new home for their swing sets with charitable organizations catering to children. But these organizations often do not have a budget for a truck to transport it or to hire someone to take it apart. If you can find someone to take it away for free, you may already be ahead of the game. Many sellers end up paying a fee to have the swing set hauled away and disposed of.

Mailboxes, flag poles, and sheds are also fixtures that cannot be taken without advance disclosure. They are physically attached to or part of the property and if the seller plans to take them, he must have it written into the listing itself to avoid a conflict with the buyer on closing day.

Sellers sometimes leave behind a laundry list of items, thinking that the buyer will find them useful. Sometimes the buyer does appreciate the gesture; unfortunately, he may not want them at all. The problems arise when the seller just leaves the items and only learns, at the walk-through, that the buyer has no interest in them and considers them debris to be removed from the premises. Be sure to communicate with the buyers, well in advance of closing, which items you may leave and which ones they prefer that you take. This will not only help to avoid closing table disputes, but it will give you time to dispose of very heavy or hazardous materials.

These come up at some point in almost every deal. And it’s amazing how many paint cans a homeowner can acquire over the years! Some sellers may have as many as 50 or 60 cans in their basements or garages. What happens is that the sellers have leftover cans and assume that the buyer will want them for touch-ups. But unless the home has just been freshly painted and the buyer happens to love the colors, they usually don’t want the paint. Begin to get rid of your extra old paint cans well before the walk-through. It will save you the stress of trying to get rid of them all at once on the day of the walk-through.

A used air-conditioning unit is an extremely common item that causes problems at the walk-through. Too often, sellers just assume that the buyers will want the units, but the buyers do not. Air conditioners are also difficult to dispose of, which may be another reason why they are often left behind. For one thing, they can be extremely heavy to move. But, more importantly, the man-made chemical or liquid refrigerant within them is a hazardous material which has been blamed for depleting our ozone layer. The chemical, which has the trade name Freon, is also present in refrigerators, car air conditioners, and dehumidifiers. They must (and should) be disposed of carefully whereby a professional removes the refrigerant before the unit itself is discarded and recycled. (Again, contact your local municipality about how to properly dispose of them.)

We see sellers and buyers haggling over used air-conditioning units on closing day all the time. If you choose to leave them behind without the buyer’s prior consent, you could be in the forced position, after the walk-through, of hauling several units away with very little notice, and nowhere to take them.

Firewood can be a welcome gift to leave behind for the buyers—but don’t assume that. Ask them in advance. Some people like the look of fireplaces but don’t use them. We’ve also seen some homes where the seller left a mountain of firewood that turned out to be rotted or infested with insects. The seller usually needs to have it hauled away (or give a credit) before the buyer will close.

Many homeowners keep a second refrigerator or freestanding freezer in the basement or garage. There seems to be constant confusion about whether or not these items should stay or go. If the buyer does not want them, they must go. But often, they will want them. The problem lies in the communication because it is usually verbal instead of being written into the contract. We’ve seen sellers try and do the right thing by hauling them away, only to learn at the walk-through that the buyer actually wanted them.

On the flip side, when a buyer prefers that they be removed, the seller left them on the premises. Be sure to have the Realtors or attorney include them in the contract. Distinguish them from the appliances in the kitchen by naming them as “basement refrigerator” or “garage freezer.”

If you are selling to first-time homeowners, they may want your garden or shop tools. As always, check with them first. If they do not, your attempt at goodwill can result in a last-minute garage clean-out.

First-time homeowners may appreciate lawn mowers or snow blowers, but if they are old and in precarious condition, the buyers may want them removed. They may be interested in buying brand-new machines for themselves.

Garbage cans are items that first-time homeowners forget that they will need. Renters use outdoor receptacles which are supplied by the landlord, so they don’t think of buying them. But put this on the list of things to ask about leaving or not.

Technically, hangers should be removed, but we’ve never had a deal where hangers left in closets were an issue at the walk-through. As long as you aren’t leaving hundreds of them, it’s probably okay to leave some behind.

We hope that you will have a good relationship with your buyers throughout the sale process, particularly if you have lived in your home for many years and raised a family there. The home probably has great meaning for you, and it will be nice to have a cordial relationship with the new owners. The issues that often cause friction during a walk-through, or at the end of a deal, are usually small and may become even less important when looking back months or years later. There are many things that you can do, which cost little or no money, to welcome the buyers into their new home. The goodwill that you will create may come back to you in the future. Here are some things that you can do or leave in the home for your buyers to create a good feeling: