By Lydia Blair
Disaster can strike a home at any time. Even the day before it’s scheduled to be sold. Be it hail, wind, fire or water, a casualty loss to property while it’s under contract can be disastrous.
But, there are remedies. The Texas real estate contract folks thought of many ‘what if’ scenarios and they’ve incorporated them in the standard sales contract. A casualty loss results from a sudden, unexpected event like a storm or fire. Casualty losses are addressed in paragraph 14 of the contract. It states that if any part of the property is damaged or destroyed by casualty loss between the time the contract is executed and the closing, the seller shall restore the property to its previous condition as soon as reasonably possible.
That sounds simple on paper but not so much in real life. Often the damage can’t be repaired prior to closing due to no fault of the seller. For example, when a hail storm hits the neighborhood two days before closing, it isn’t likely the roof will be replaced or repaired that quickly.
The seller has obligations and responsibilities for the property when it is under contract and before closing. They must make efforts to restore the property to its previous condition by the closing date. No messing around here. If the seller doesn’t comply, the seller can be in default. There are options available if the seller cannot restore the property before closing due to factors beyond the seller’s control. Note that I said, “due to factors beyond the seller’s control.”
If the seller cannot restore the property by the closing date due to factors beyond their control, the buyer has three options: