Question about mold setting in before closing on a shortsale while home is vacant.

Is a Seller required to keep the air-conditioning running (to prevent mold) while the home is vacant before closing?  The home (short sale) I’m due to close on later this month is now vacant.  The tenant transferred the utilities to her new house when she moved out at the end of last month and I’m worried about mold setting in during these HOT Florida temperatures.  There is also a spa that will not be running.  Is there a law requiring the Seller to keep the home safe while vacant or is it just a moral decision for the Seller?

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Permalink Reply by Bryant Tutas on August 4, 2011 at 11:09pm
Susan. No there isn't. Unless the purchase contract requires then to do leave the utilities connected the seller can do what they want. If it helps I have had many short sales sit vacnt with no power for months and months and have never had a mold problem.
Permalink Reply by Jeff Payne on August 5, 2011 at 2:01am
Susan, technically on the Florida contract it says seller shall maintain property to the same condition as it was in on the effective date.  Set the A/C on 80 and leave it alone, it most likely will hardly run and when it does it will pull that moisture out of the air.  I have a property that filled with mold as soon as they shut the power off because there were some windows that we not sealed well and they let a lot of wet air in.
Permalink Reply by Susan Laframboise on August 5, 2011 at 3:08am
I am the buyer!  I am just trying to protect the property and was wondering if I had any rights.  I have contacted my Realtor who in turn has contacted the listing agent but we have not had a reply.  With this being a short sale, I'm worried as to whether the Seller even cares!  It has been five days now...
Permalink Reply by Jeff Payne on August 5, 2011 at 4:07am
Susan, I have an addendum that everyone signs that says should the buyer need the power turned on, it is the buyers responsibility to do so.   The seller may care but may not be able to pay for electricity depending on their situation.  Get with your agent and ask to see if you can turn in on into your name?   If you are closing later this month, just get it turned on and dont worry about it.  Your agent should be able to let you in to see if there is an issue with the mold.

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