Are you a slob or a neatnik? An Oscar or a Felix? Pig Pen or Mr. Clean? A Buyer or a Seller? While it’s not normally anyone else’s concern, it can become an issue when it is time to hand over the keys to a home.
Everyone’s idea of cleanliness is different. Some buyers expect a property to be spic and span when the seller signs the closing papers. Some sellers feel that “broom clean” is good enough as they are walking out the door. So who is right?
The Contract Says:
Paragraph 7D of the standard Texas real estate contract addresses the condition of the property. It refers to the actual state of the property condition at the time the contract is signed and executed by all parties. There are two boxes for acceptance of property condition and the buyer should mark one of them before signing the contract.
Box 1 states that the “Buyer accepts the Property As Is.” That means what it sounds like. The buyer is purchasing the property in the present condition with any defects. If buyer and seller subsequently negotiate repairs, that requires a separate amendment to the contract.
Box 2 indicates the “Buyer accepts the Property As Is provided Seller, at Seller’s expense, shall complete the following specific repairs and treatments: _____.” This is where a request for certain items to be cleaned or repaired can be inserted.
The Vague Description of Clean
The Texas real estate contract intentionally does not address the issue of leaving a house in “clean” condition. A seller is obligated to turn over the property to the buyer in the same condition it was in at the time the property went under contract.
So the question is: Was the property spotless at the time the buyer and seller signed their contract to sell? If so, then it should be sparkling clean when the buyer gets possession. If it was neat and tidy, but not immaculate, then that is the condition the buyer should expect to receive it.
A seller is not required to meet the same criteria for cleanliness as a tenant does when moving out of a rental property. There is usually no expectation of shampooed carpets or a freshly scrubbed oven.
Special Instructions
Often I see contracts that include a provision or statement that says the seller will have the property professionally cleaned prior to closing or prior to the buyer’s possession. That phrase can cause problems.
The phrase “professionally cleaned” can cover a huge range of details. Do the parties expect light maid service with vacuuming or do they expect a deep cleaning that includes appliances and windows? It all goes back to each person’s interpretation of cleanliness.
If the contract states that the property will be professionally cleaned, then the seller should plan to provide a receipt for the cleaning service to the buyer.
All parties should be respectful of the challenges to both buyers and sellers. Sellers usually have their hands full tackling the tasks of packing and moving. Buyers want to move into a clean home. Understanding on both sides goes a long way to make for a happy transaction.
