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Pros and Cons of Early Possession
Dear Phyllis,
I have enjoyed your real estate column for many years and appreciate your sharing your knowledge. My question: I have been in escrow on a probate for two months. There is no court confirmation, so my Realtor assures me this is the real deal. However, the closing timeline continues to stretch. At this point, I only seek approval to fix the garage door and move items into the garage. Specifically, I require access to the garage, not the entire home. Can you explain the pros and cons of early possession? Anxious
Dear Anxious,
In many cases, subcontractors and suppliers use mechanics’ liens, which are legal claims against a property that has been remodeled or improved. Therefore, it does not matter if the homeowner has already paid the general contractor. In fact, if the general contractor fails to pay the subcontractor or supplier, the law still allows the subcontractor to file a mechanics lien.
For example, if you replace the garage door and the company does not pay a worker or supplier, that party can place a lien on your home to secure payment. As a result, you must clear this lien before closing escrow.
Ultimately, this is why early possession or early access can carry risk.
The seller won’t allow you early access to the home for other reasons. A primary reason will be liability. Assume the person installing the garage door injures himself or damages the home. Who will be responsible? Would the estate’s insurance cover a claim? Who will be liable if your belongings go missing from the garage? As this is a probate sale and an attorney is involved, it is highly doubtful you will be granted this courtesy. Unfortunately, they do not benefit from granting you this kindness. The best you can do today is to schedule the garage repair for the day you close escrow and gain possession of your new home.
Related Post: Making an Offer on a Probate
