Broom Swept Condition

by Darrin DeRoches December 5 - 11, 2013

When you are selling your property you have to leave it in “broom swept condition.” This means that the property must not have any debris left and must be completely empty.  If you are unable to remove that old desk or forget to take out the garbage, you may be sued.  You would think that most people are happy to sell their house and would leave it in good condition but you would be surprised.  If an agent suspects that the property will not be cleaned or debris may be left, they will set up a walk through on closing day.  This is when they will check out the property to make sure that the seller has removed all belongings and it’s clean before the new owners take possession.     I have had an agent call me on closing day to accuse the seller of stealing the curtains and would not close the deal. After a heated exchange between the agent and myself, I had to explain to her what would happen if they did not close the deal. The reality of the situation was that the curtains were not stolen and they were in fact the exact curtains that were there when they viewed the property.  They were looking for a $500 reduction for the curtains and I had to explain that they were not getting a reduction and if they did not close the deal then I’d be calling the lawyer. I would make sure they would lose the house and their deposit.     You would think it would be a waste of time and energy for a buyer and an agent to view the property on closing day to try to squeeze more money out of a deal.  In some cases agents will split the cost from their commissions to get the deal done.  Good agents will not fall into such a pathetic tactic and actually stop the deal from closing and will make the selling agent pay for the costs plus the cost of wasting their time.  In some cases the seller is actually in default and can be sued for leaving the property in a condition that may have costs involved.  They can stop the closing and the cost may have to be negotiated.  I have dealt with this situation and it can be pretty touch and go.     The property must be in “swept condition” and if they leave a bunch of debris, they will have to pay. I have spoken with sellers daily on  the week of closing with them assuring me it is just a couple more trucks to the dump and it will all be taken care of.  Closing day comes and the house is still a dump. The buyer’s agent calls and we have to work out a deal, call the lawyers and make an adjustments to the closing costs.     Take it seriously when closing a property and make sure you are prepared to leave the property in good condition and maybe even go the extra mile and leave a six pack in the fridge as a welcome gift. V     Darrin DeRoches is a local real estate and mortgage broker. He can be reached to answer questions, comments or stories about real estate experiences through this weekly column at sold@uniquerealty.ca.