Who’s Responsible for Keeping Up a Property While It is Under Contract?

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Once a property goes under contract it is a unique state of limbo. But that doesn’t mean that the ownership has been transferred as of yet. One of the most frequently asked questions (and often a misconception) is “who is responsible for maintaining the property while it’s under contract?”

The answer is simple. Until it changes hands, the seller is required to keep everything in the same condition as when the buyer first viewed the property. This means that if a glass breaks the seller will need to fix it. If the furnace breaks down, the seller will need to have it repaired. If storm or other damage occurs, the seller will bear the responsibility to rectify the problem.

Through the closing date, it is the seller’s responsibility to maintain and upkeep all aspects of the property, including keeping utilities on and in working order. In fact, as a buyer it is important to arrange the transfer of utilities on or the day after closing to avoid any gaps in service.

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