Pre-Settlement Inspection

1. Please be sure to schedule a pre-settlement inspection for the day before or the day of closing. I recommend that you take a notebook and a video or instant camera to the pre-settlement inspection, so that you may record details of any defects you find. What you should be looking for at the inspection and documenting with notes and camera are any changes in condition or damages that may have arisen since your home inspection, or that may have been caused by the sellers when they moved out, or that were obstructed by, e.g., rugs or furniture, when you saw the house before.

2. You may want to repeat the actions of the inspector who performed your home inspection, e.g.,  run water in sinks and tubs, flush the toilets, open and close windows and doors, turn on and off lights, appliances, etc., to make sure that everything is working.

3. Make a note of the exact location of damage, noting in which room and which wall or area (if you're good with compass directions, N, S, E, W is good, otherwise identify by the name of the room, location relative to doors, windows, outside wall, inside wall, etc., whatever will be specific enough that you will know and they will know).

4. Any issues discovered at the inspection should be discussed with the sellers and their attorney at the settlement, with a view toward having any defects corrected by the sellers or having the sellers make an adjustment in the form of a credit or a payment (at settlement) to you to cover the costs of repairs.

5. If the items are many and it is difficult to come up with a cost of correction, it would be advisable to arrange for an escrow of a part of the Sellers' proceeds, to be held by the title company. The escrowed money would then be disbursed to pay the buyers' costs to repair, and any balance remaining in the escrow would then be released to the sellers. An appropriate agreement should be written and signed by all parties at the settlement. The escrowed amount should be shown on the HUD-1 Settlement Statement.

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Law Offices of
Miriam N. Jacobson
Suite 1519, 1900 John F. Kennedy Boulevard
Philadelphia PA 19103-1341
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Copyright 2008
Miriam N. Jacobson
miriam@mnjlaw.com
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