Here’s a comprehensive list of possible questions about the Buyer Pre-Occupancy Storage Addendum, with explanations for each:
- What is the purpose of the Buyer Pre-Occupancy Storage Addendum?
It is used when a buyer stores personal property at the home before the close of escrow, without actually moving in or taking full possession, to outline terms, liability, and access.
- When should this addendum be used instead of the Buyer Early Occupancy Addendum?
This addendum is used only for storage of belongings — not for living in or using the property. If the buyer will physically occupy the home, the Early Occupancy Addendum is required instead.
- Is the buyer charged a storage fee before closing?
The addendum can include a storage fee, agreed upon by both parties, to compensate the seller for allowing storage prior to closing.
- Who is responsible for damages to stored items?
It should clearly state that the buyer assumes all risk for loss or damage to their personal property during storage.
- Who is liable if the buyer’s stored items cause damage to the property?
The buyer would typically be responsible for any damage their belongings cause while in storage at the property.
- Is insurance required for the stored items?
Yes, buyers should obtain their own insurance (such as a renter’s or personal property policy) for stored belongings, as the seller’s homeowners insurance usually does not cover them.
- Can the seller access the property while the buyer’s belongings are stored there?
The addendum should outline the seller’s continued right to enter the property, as they still own it until closing.
- Where in the property can the items be stored?
The agreement should specify exactly where the buyer’s items may be stored — such as the garage, a specific room, or a shed — to avoid disputes.
- Is there a limit on the quantity or type of items stored?
Some sellers restrict the size, type, or hazardous nature of stored items, and the addendum should reflect any restrictions.
- What happens if escrow does not close after storage begins?
The addendum should state how soon the buyer must remove their belongings if the transaction falls through and who pays for any related costs.
- Who has the keys or access control during the storage period?
The addendum should clarify whether the buyer is given a key or if storage is supervised by the seller.
- Does storing items early create any legal possession rights?
It should specify that early storage does not create tenancy, occupancy, or possession rights — the buyer’s legal right to the home only begins after closing.
- Can the buyer make any repairs or alterations during storage?
Generally, no — the addendum should prohibit any modifications until the property is legally theirs.
- Does the buyer’s lender need to approve early storage?
Some lenders may want to confirm that early storage does not count as early occupancy, which could affect loan conditions.
- Who is responsible for moving costs and logistics?
The agreement should make clear that the buyer is responsible for all costs and arrangements to move items in and out of the property.
Disclaimer:
The questions and answers provided are for general guidance only and may not cover all details or apply to every situation. If anything is unclear or you need further clarification, please visit car.org for official resources and the most up-to-date information from the California Association of REALTORS®.
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