The Property Was Damaged After It Went Under Contract Now What

The Property Was Damaged After It Went Under Contract Now What

Last year, Texans experienced severe weather events including flooding and tornadoes that caused damage to their properties. These and other perils can also affect real estate transactions that haven’t closed.

The Casualty Loss Paragraph (Paragraph 14 of the One to Four Family Residential Contract (Resale)) requires the seller to restore the property to its previous condition by closing. If the seller can’t, the buyer has three options:

  1. Terminate the contract and get her earnest money back.

  2. Extend the time for the seller to complete the repairs up to 15 days, with the closing date extended accordingly.

  3. Accept the property in its damaged state with an assignment of insurance proceeds, if permitted by the seller’s insurance carrier. The seller also credits the buyer the amount of the insurance deductible at closing.

However, the buyer cannot cancel the contract without giving the seller the opportunity to remedy the situation. If she attempts to do so, she would likely forfeit her earnest money and could be subject to the specific-performance provision of the contract.

The contract does not address situations in which the parties disagree whether the property has been restored to its prior condition. If a dispute arises, that determination could be made through mediation or in court.

Many of the sales contracts have a casualty loss paragraph, though the specific provisions contained in them may vary.

Jerry and Janna Burton Headshot
Phone: 214-850-9014
Dated: February 18th 2016
Views: 52
About Jerry and Janna: Jerry and Janna Burton joined William Davis Realty in February, 2009. Both Janna and Jerry hold busi...

Property Search

RSS Feed

View our latest blog posts in your RSS reader. Click here to access. RSS

Search Blog

Recent Blogs

Saved Properties

This is a list of your favorite properties. We will email you if a property is reduced or leaves the market.

Click 'Save' to add a property to this list.

Register / Login

New & returning visitors please enter your information to login.

By clicking 'register' you are agreeing to our terms of use & giving us expressed written consent to contact you.

Questions? Comments? Complaints?

This message will go directly to the head of our team.

Location & Address

17732 Preston Road
Dallas, TX