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Thread: Turning on utilities for home inspection. Buyer or seller?

  1. #1
    08_til_infinity is offline
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    Default Turning on utilities for home inspection. Buyer or seller?

    In the process of Buying and Selling a home who is responsible for turning on the utilities so that an inspection may be performed.

    Our contract (offer paperwork) states:

    Buyer shall have an inspection period of 10 days, commencing the first day after acceptance of this agreement wherein, buyer may, at Buyers expense, have any inspections made by experts or others of his choosing. Such inspection may include, but are not limited to, inspection for termites molds, fungi hazards, appliances, structures, foundations, roof heating, cooling, electrical,plumbing systems, utility and sewer availability, out buildings, square footage, school district, flood zone classifications, current zoning and subdivision restrictive covenants. SELLER agrees to provide the utilities for inspections and immediate access. If Buyer is not satisfied with the current condition of the Property as reflected in the inspection reports:
    Option 1: Buyer may elect in writing to, to terminate the Agreement and declare the Agreement null and void;or
    Option 2: Buyer may indicate in writing the deficiencies and desired remedies and SELLER will have seventy-two (72) hoursto respond in writing as to SELLER's willingness to remedy those defieciencies ("SELLER's Response").

    We are in the process of buying a home that has been vacant, with utilities off, for over six months. In order to have the uitilities turned on to perform inspections the utility company needs a letter from an electrtion stating it is okay. We are being told we the seller must hire and pay an electrition in order to get the utilities turned on. We believe this is the SELLER'S responsibility.

    Does anyone have any advice or experiance regarding this matter?

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    NoMoneyDown is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    From the extract, I'd say it's the Seller's responsibility ...

    SELLER agrees to provide the utilities for inspections and immediate access.
    Since the utilities are not provided for an inspection then the contract can be terminated by you, the Buyer.

    Edit: If you really want the house, you may be able to negotiate the electrician's fee by offering to pay for it (at closing) PROVIDED you close on the deal. However, I'd say you are being generous by doing so as it doesn't appear that you HAVE to. Disclaimer: I am not a lawyer and am not giving legal advice.

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    biophase is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    It's definitely the seller's responsibility.

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    Runum is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    It never occurred to me. I just contacted my inspector and my RE agent and inspector handled it. I may have to go over old contracts but I don't recall ever getting charged for the utilities as a buyer. Good question. ++++speed

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    lightning is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    Getting the utilities turned on so a proper inspection can be done is the sellers responsibility (unless the offer was written with a strict "as-is" contingency, I dont think youll ever have to deal with a utility company on a house you dont own (or arent "about" to own).

    If the utilities arent on, it is up to them to get that electricians letter over to the company, so the utilities can be turned on and a proper inspection of what you are buying can be done.
    -Mike
    Building my stats one day at a time...

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    hakrjak is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    Boy -- that sounds completely ridiculous. I have never bought a house that didn't have utilities on.

    Some foreclosures may be "Winterized" out here in Colorado, which means all the water is turned off, so they can not turn on the furnace in the winter and the pipes won't freeze... but that is really simple to reverse during the inspection -- You just find the red handle, and pull it I've never had to fight with a seller to get utilities turned back on though....

    - Hakrjak
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    rcardin is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    In the past I have needed electricity for a brief amount of time. If the meter is there I just pull the meter out and pull the plastic tabs from the spade terminals and replace the meter. Instant electricity.
    Not exactly on the up and up but solves the problem. Since you don't own the house yet electric company can't come after you. Could have been done by anyone. I am not saying break the law but there is always a creative solution to any problem.

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    biophase is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    Quote Originally Posted by rcardin View Post
    In the past I have needed electricity for a brief amount of time. If the meter is there I just pull the meter out and pull the plastic tabs from the spade terminals and replace the meter. Instant electricity.
    Not exactly on the up and up but solves the problem. Since you don't own the house yet electric company can't come after you. Could have been done by anyone. I am not saying break the law but there is always a creative solution to any problem.
    ..except the juice comes on and there's a short in the wall that creates a spark and burns the whole house down... and you and your inspector slowly walk down the sidewalk.

    This is the seller's fault for leaving the house with no utilities for 6 months. The electric company won't turn on the power until someone inspects the house. In vacant houses people steal fixtures, rip appliances out of the walls and leave the wires hanging. Turning on the juice without an inspection can be bad.

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    hakrjak is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    Quote Originally Posted by biophase View Post
    ..except the juice comes on and there's a short in the wall that creates a spark and burns the whole house down... and you and your inspector slowly walk down the sidewalk.

    This is the seller's fault for leaving the house with no utilities for 6 months. The electric company won't turn on the power until someone inspects the house. In vacant houses people steal fixtures, rip appliances out of the walls and leave the wires hanging. Turning on the juice without an inspection can be bad.
    Hehehe... This must be owned by a bank, right? It's amazing to me how cheap banks can be. They'll save pennies on utilities, but they'll walk right past saving thousands when people offer to do short sale deals with them, and lots of creative strategies that could save them money in the end.

    There is 1 of these down the road that is all winterized now, and I've been arguing with the bank on for 6 months now. It isn't going to auction until September, and they have already lost $3500 in mortgage payments by my calculations.

    - Hakrjak
    Shop 'til you drop - DEAD! -- http://www.GrampsGifts.com

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    08_til_infinity is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    The house isn't owned by the bank. The owners have relocated to New York. The house has been on the market since last Feb. I spoke with the Realtor today and she said that she hasn't heard back from the seller. Where we screwed up at is using this Realtor who is working for the both of us (seller & buyer). She doesn't seem to care or want to make any money. I am getting this home $70k off of the value. I want this place, but I'm trying not to get attached to it in case I have to walk away. I have 3 weeks until closing and I need this process to be sped up. *Instant Up Date* I just happened to click on my inbox while typing this and I see that my Realtor hasn't even gotten my purchase agreement signed by the Seller!!!!!!!!!!!! She says, "I have been unsuccessful in trying to reach the seller about the matter of the utilities. The purchase agreement has not yet been signed by the sellers. I will let you know when I hear from them. It's up to you if you want to wait for a response. "I am fed up with this woman! I am going to call her manager on Monday. What would you all do?

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    08_til_infinity is offline
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    Default Re: Turning on utilities for home inspection. Buyer or seller?

    Keep in mind I have my loan packet in hand ready to send back to my mortgage company! She has been lying to us the whole time! She hasn't done s*&^t! Here we are locking in our interest rate thinking that we are moving in 3 weeks and this woman says that the purchase agreement hasn't been signed! WTF?

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