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Q:  “I represent a seller in a transaction with a home inspection contingency. We are using Virginia REALTORS^® forms. The inspection has been completed and the negotiation period has concluded. The buyer has now requested they be given access to the property again to review what modifications they may wish to make upon move-in. Is my seller obligated to provide such access?”

A:  Whether a buyer has the right to access the property prior to settlement is governed by the terms of the contract.  Here, paragraph 15(b) of the Virginia REALTORS^® purchase contract would apply. It provides that the buyer has the right to conduct a presettlement verification of the property to ensure, “the condition of the Property conforms to this Contract and that no material damage or changes necessitating repairs have occurred to the Property after the date of this Contract or after any prior inspection of the Property provided for herein.” The paragraph goes on to say that the presettlement verification “shall not be conducted more than 10 days before the agreed upon Settlement date.” In the situation presented, the seller is required to allow the buyer to access the property again, but only when the access is within 10 days of settlement and for the purpose of ensuring no material changes have occurred to the property. 

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