SCR310 requires the seller to maintain the property in "operable condition" which means things like, heat the home so the pipes do not freeze and burst and flood, cool/dehumidify the home to prevent mold and mildew.
Heat is a little easier to argue, it has to be above freezing in the property.
Air conditioning, perhaps there is more room to argue how hot is too hot. Perhaps, there is no air conditioning in the lower quality property? Perhaps, the property is a foreclosure or REO with the utilities shut off by the REO company or lienholder seller or other corporate seller?
Parties should work out a solution because typically court litigation takes too long and will not cure issues by closing.
Hotline – smart thermostat needs wifi to operate. This could also include wifi needed to operate security alarms/cameras, flood alert devices, appliances, HVAC, solar, water, smart home features, doorbell cameras, etc.
Agents please call the hotline if you have similar issues to help develop the forms for the smart devices that are becoming more common and necessary.
Some smart thermostats can be used manually without wifi or with a hot spot.
Move in day, remind buyers to bring their wifi equipment and wifi service and hotspot capability on day #1.
Perhaps, cover the issues in the SCR310?
Posted by: Byron King on 07/25/23 (This information is only accurate as of 07/25/23. You must contact SCR for updates and changes to this information after 07/25/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.