Heck, I could get around that language for a lot of ills...
'Nope, the roof was just fine when we sold the house. It must have started to leak the next day'...
Unless you have a time period, the language you put in is useless.... also, if something happened, good luck getting the other party to pay... I am really surprised that someone paid to put in a new plumbing system...
With me, I made the seller pay for the policy.... you can say 'well, you really paid it'.... but I would say, nope, I paid what I wanted for the property... if the seller was willing to sell cheaper, so be it... I did not know...
IANAL. As I said, the specific language was either drafted, or approved by, our atty. It's also a good idea to make a P.O. contingent upon an atty's approval. Many have a clause saying "subject to atty approval
as to form". It's those last 3 words that can sink you. If the approval is
not just "as to form" your atty can get you out of a bad situation for any number of reasons.
In the case of the leak in the roof, I stated in my O.P. that the escrow was for a time period. At pre-closing inspection, there was a water stain on the ceiling, and despite the seller's assertions/assurances, we had the reasonable cost of repair held (out of the purchase money) in escrow for a reasonable time. I think it was 30 days, because IIRC, it was highly unlikely in that area and time of year for it to go that long without rain. Sure enough, it rained a few days after closing, the roof leaked, and we got the repair cost paid out of the escrow.
In the case of the plumbing (different house than above), the seller obviously wasn't the sharpest tool in the shed. He had already relocated out of state and turned off the water, but did not drain the pipes (in the northeastern U.S.
). You can imagine; when his agent turned the water on a few days before closing, every pipe in the house blew because they had all burst the previous winter. This was a very old house with old iron plumbing, so the whole system had to be replaced with new copper at the seller's expense -- even some of the drains. We heard from people who knew the seller (DW was in the same field at the time) that he had gone to law school, but had failed the bar exam 7 times. We don't know if he ever tried #8.
I think that
generally, as long as both parties have acted in good faith and aren't trying to weasel out of the deal, then looking to the intent of the parties (rather than
just the wording of the contract) can usually result in a fair and reasonable compromise, which is almost always less expensive than litigation. YMMV.
Tyro