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#71847 - 05/04/05 07:35 PM Utilities
Anonymous
Unregistered


Does any one else include a contingency for the inspection that the utilities must be on?

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#71848 - 05/04/05 07:40 PM Re: Utilities
Dee in Austin Offline
Major Contributor

Registered: 12/03/04
Posts: 2198
Loc: Austin, TX
It's in our Texas real estate contracts that the seller needs to give access to utilities for purpose of the inspection and due diligence. Not on those words, but it's hard written into the contracts we use.

If a seller doesn't want do this, they'd have to write an addendum or change it in special provisions.
_________________________
Dee Copeland, ABR, ASR, CRS, e-PRO, GRI, SRES
Broker-Associate, Keller Williams Realty
http://www.CopelandGroupRealty.com
http://www.TexasRealtyBlog.com

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#71849 - 05/07/05 04:51 PM Re: Utilities
Russel Ray Offline
Moderator

Registered: 12/30/04
Posts: 241
Loc: San Diego CA
Here's some of the wording from the 2004 CAR standard residential purchase agreement (RPA-CA):

 Quote:

9. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 14B. Within the time specified in paragraph 14B(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to:
(i). . .
(ii). . .
(iii). . .
(iv). . .
(v). . . . Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by law.
B. . . . Buyer shall give Seller, at no cost, complete Copies of all Buyer Investigation reports obtained by Buyer. Seller shall make the Property available for all Buyer Investigations. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer.
Some more interesting wording:

 Quote:

11. BUYER INDEMNITY. . . . Buyer shall: (i). . . (ii) Repair all damage arising from Buyer Investigations. . . Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance. . . .
Lots of good wording has been added since the 2001 contract that I last read word for word.

A lot of this can be used for good marketing to keep the "I-was-a-Blockbuster-clerk-yesterday-and-a-home-inspector-today" from disparaging the home inspection industry, which still happens here in San Diego since California has no home inspector licensing.

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#71850 - 05/10/05 05:37 AM Re: Utilities
B4U Close Offline
Member

Registered: 01/08/05
Posts: 44
Loc: Georgetown, KY
Ah Russel,

Disparaging those poor Blockbuster clerks again!

Erby
_________________________
Redding Real Estate

www.b4uclose.com

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#71851 - 05/10/05 09:13 AM Re: Utilities
Russel Ray Offline
Moderator

Registered: 12/30/04
Posts: 241
Loc: San Diego CA
And yet my best employee is a former Blockbuster clerk. I hired him away from Blockbuster, and Blockbuster keeps trying to hire him back.

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#71852 - 05/11/05 08:32 PM Re: Utilities
Alan From Florida Offline
Veteran Member

Registered: 05/10/05
Posts: 768
Loc: Tampa Bay Florida
Las Vegas Real Estate
Every contract is different. The ones I use have very explicit wording. When I represent a buyer the contract I use says the seller will have utilities and electrical on for buyer inspections and will be left on till buyer completes their final walk through just before closing.

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