When it's 110 Degrees In Phoenix: Who, In A Real Estate Transaction, Needs To Turn On Utilities To Prevent Damage.

When it's 100+ and even 110+ degrees farenhieght in Greater Phoenix homes can get damaged: wood dries and warps, walls crack and anything heat sensitive can get ruined.  We don't have the hurt of burst frozen pipes like in other states but the damage can be just as costly:  imagine warped door that cost hundreds of dollars each or the fronts of kitchen cabinets for instance.

In a recent transaction, a normal sale by the way - not an reo or short sale - where we represent the buyer, about 10 days prior to closing the listing agent called telling us to turn on the power because it's going to be hot.

First thing is: the seller is responsible for the property until the deed is recorded, so any damage that happens is the responsibility of the seller not the buyer and it is the seller, then, who needs to turn on the power to make sure the home is protected from potential damage.

The listing agent, in his arrogance, noted that, "the seller will not be turning on power for a week or so, have your buyer do it."  also noting, "the seller (a builder by the way) sells lots of homes all the time."  To which we can only react in dismay, because the builder should know better and so should the agent.  By now the agent is putting not only the transaction and the builder in jeopardy, but himself.

If the home is substantially different from when the contract was signed then the buyer has cause to cancel the contract.  At such a point the subject gets more complicated because the contract can, usually, be only canceled if items designated as "warranted" like air conditioning, roof etc. are faulty, but if some items are damaged by excess heat then the buyer may still have to close and pursue damages after the sale.  The question is, why would the seller and listing agent put themselves in that position in the first place for what may amount to no more then $150.00 and a simply phone call to the power company.

A real estate transaction is about putting together a win-win situation: it's not about ego and there certainly is no place for arrogance.  To the parties putting up a egotistical stand I say, "read the contract."