State: New Mexico
My wife and I are purchasing a condo. We were scheduled to close a day after the sellers closing, but were unable to because our lender did not send the Title company the loan documents. (This was because the lender had not received proper insurance information from the insurance carrier for the HOA.)
We are still under contract for several more days, so we intend to close when the paperwork is in order.
However, the sellers turned off the gas and electricity on the day we were originally scheduled to close. This was a Friday. The utilities were off for the weekend and for the two days following. This particular weekend was snowy and cold, so my wife and I are concerned about possible damage to the water pipes.
When I brought up these concerns with my realtor (who is the sellers realtor), I was told the sellers have the right to turn off utilities after our final "walk through". Is this correct?
I was also told not to expect any "guarantee" or agreement from the sellers regarding the condition of the pipes. Is this reasonable?
We intend to close on this property, but out of curiosity's sake, would we have any legal standing if we were to terminate the Purchase Agreement based on the fact that the sellers turned off the utilities?
To the sellers credit, they appear to have left some water running in the faucets. I did a second walk through, and did not find any leaks.
Thank you -