I'm buying an "as is" 4 unit with tenants. During escrow is seller responsible for active repairs? Like if a hot water heater is leaking etc.
Asked on 3/27/12, 7:57 am
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
Until escrow closes, the seller remains the owner with the same responsibilities as any owner. Whether a repair is something that must be done before escrow closes depends in large part as to what the intent and promises of the parties were. If the buyer knew before escrow opened that the water heater was leaking but did not require it be repaired, then the seller might not have to fix it.
Answered on 3/27/12, 8:30 am
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
If by "active repairs" you mean the old owner -- who is still the owner during escrow -- contracted for them and they were under way, then yes, for sure the old owner is responsible for the cost.
Answered on 3/27/12, 8:50 am
