Barnard made an offer to buy a vacant residence. The offer was accepted by the seller. Prior to the close of escrow, Barnard requested permission from the broker to enter and make minor repairs to the house. Which of the following is true?
Question & Answer
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The broker is to get a signed rental agreement from Barnard before allowing him to enter.
A rental agreement is inappropriate here as Barnard isn't renting the property but is the buyer with an accepted offer. Rental agreements create landlord-tenant relationships that don't apply during the escrow period of a purchase transaction.
Barnard doesn’t need permission from anyone since he is the equitable owner of the property.
Barnard is the equitable owner, but equitable ownership doesn't grant physical possession rights until escrow closes. The seller retains legal title and control of the property until all conditions are met and title transfers.
The broker needs to get the seller’s permission.
Bernard may only enter to conduct repairs that correct material defects in the property.
There's no legal requirement limiting pre-closing repairs to only those correcting material defects. Buyers can make minor repairs with proper permission, though they typically do so at their own risk before closing.
Why is this correct?
The broker must obtain the seller's permission because the seller still holds legal title and has the right to control access to the property until escrow closes. Equitable ownership doesn't grant physical possession rights, making the seller's permission necessary for any pre-closing entry.
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