ArcaMax

Dear Monty: We have had a lot of difficulty getting contracts back from the seller through email. We have our inspection this week, and by word of mouth, the seller said he would walk his dog while we were there. We prefer that he not be there. We must rent this house back to the seller for four days. We required a $2,000 deposit for renters' insurance, which is held in escrow. The seller wants the deposit back by 2 p.m. the day he vacates. Is that normal? I fear the seller will not be reachable if there is damage, as the seller does not have a cell phone or another way to be contacted. Any suggestions? Also, does the buyer have the right not to have the seller present at the inspection?

Monty's Answer: Regarding your question about excluding the seller from the inspection, you only have the legal right to prevent the seller from attending if this was included as a specific contingency in your accepted purchase agreement. Otherwise, you'll need to politely request they not be present, as you've done successfully with the verbal agreement that he'll go walk his dog. You have to trust the seller to honor this verbal agreement, but sending an email to confirm is wise.

While you prefer the seller not to be present, seller attendance at inspections can sometimes be beneficial. Good home inspectors often appreciate having both parties present, as it allows immediate clarification of issues that might become contentious later. The inspection can reveal necessary information about systems and maintenance history that only the current owner would know. That said, I understand there may be specific reasons you prefer to inspect without the seller present, and that's perfectly reasonable.

Regarding your concern about the $2,000 deposit return: The seller's request to have the deposit returned by 2 p.m. on the day of vacancy is unusual and potentially problematic given their limited accessibility. This timing doesn't allow sufficient opportunity to properly assess potential damages before returning funds. Consider the following actions:

-- Negotiate a 24- to 48-hour inspection period after the vacancy before returning the deposit.

-- Document this agreement in writing through the listing agent.

-- Conduct a thorough walk-through immediately upon the seller's departure.

-- Take time-stamped photos during the final inspection.

-- Modify the temporary lease agreement so the deposit can be held if damage is discovered within a reasonable timeframe (24-48 hours).

The seller's lack of reachability raises legitimate concerns. Ensure all communication goes through the real estate agents and that any agreements are documented in writing. Your agent should emphasize to the seller's agent that an immediate deposit return isn't standard practice because it doesn't allow time to discover potential issues.

For the inspection itself, consider having your inspector document the current condition of items that might be subject to damage during the seller's short-term rental period. This creates a baseline for comparison. Regarding repairs that might emerge from the inspection, consider accepting repair credits rather than allowing the seller to complete repairs themselves. This action gives you control over the quality of work and eliminates another potential source of disagreement.

Richard Montgomery is a nationally syndicated columnist, published author, retired real estate executive, serial entrepreneur and the founder of DearMonty.com. He provides consumers with free options to solve pressing real estate issues. Find him on Twitter(X) @dearmonty or DearMonty.com.

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