Saint Petersburg, FL asked in Contracts and Real Estate Law for Florida

Q: Do we need 2 change or amend the real estate contract if sellers are letting us in 2 paint prior to the closing date?

The home sellers are family friends of my wife. We signed a contract about a week ago & we close on the home in 3 weeks. The sellers told us that we could come in & paint prior to moving our stuff in. We've already painted two areas of the home & next weekend we'll have possible another 2 or 3 painted.

However the contract we signed a week ago has a section in it saying that the "seller shall maintain the property...in the condition as of the effective date." (the date a week ago that all the signatures we signed). That being said, by us painting, we technically won't be receiving the home on the closing date in the same condition as it was on the effective date because we've been painting it.

Both parties are in agreement of doing the painting but do we have 2 change or amend the contract because the seller technically isn't maintaining the property in the same condition as of the effective date? If not, what else can we do with seller approval without having to change contract?

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Yes. Best suggestion is to make a simple addendum to the contract to document the minor change of allowing you to paint in advance.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: I agree, just an addendum. But this is why you have professionals involved from the start; as taking possession before closing can be an INCREDIBLY bad idea for both sides. For seller, if you say get injured on the property or fall off a ladder painting, guess who's insurance pays; theirs! On the flip side for buyer, say a hurricane comes and destroys all of your furniture? Well you have no homeowner's insurance for your stuff as you don't own the house and have a total loss. PLEASE get some professionals (at least an attorney) involved ASAP.

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