Buyer confused about recent escrow

Q. I just bought a house and closed escrow on the 22nd of the month. That's when my homeowners insurance took effect. The sellers wanted to close escrow earlier, so they closed on the 17th, and that's when they canceled their homeowners insurance. What would have happened if there had been a fire, a burglary or vandalism during those five days when there was no insurance? Who would have paid for the loss?

I also have two other issues with this deal. When the deal was closing, my agent asked, "When am I going to get my commission check?" This struck me as a very inappropriate thing for her to say. To top that off, I had to wait more than two weeks after closing to get my escrow statement and estimated closing costs, and I only got them after asking repeatedly for copies. The whole transaction was a mess, and I'd like to know what you think.

A. It is hard to understand how the sellers could have sold their home five days before you bought it. There can only be one escrow. When it closes, the title transfers immediately from the seller to the buyer. The idea that a property can have no legal owner for five days is simply incomprehensible. More likely, someone has not explained the situation to you correctly, which is not surprising considering your other two complaints.

Issue No. 2: If your agent expressed concern as to when she would receive her commission check, and did so in your presence, she demonstrated three simultaneous problems: First, she is probably so inexperienced that she doesn't know how the escrow process works; second, she is apparently more concerned about being paid than about representing your interests; and third, she is probably too slow-minded to realize how selfish her question about the commission check sounds to a client.

Issue No. 3: Failure to provide normal documentation prior to the close of escrow shows a serious lack of professionalism on the part of your agent and the escrow officer. If you were aware of this problem before the escrow closed, you could have refused to close until all the documents had been provided. If you had presented that ultimatum, you would probably have received your paperwork in one day.

Hopefully, you can find a more professional and ethical agent the next time you buy or sell property.

Q. We just moved into a newly built house and I can smell exhaust from the water heater. The builder says there is no problem, but something is obviously wrong. What can we do to make the builder fix this?

A. Call the gas company. Tell them you smell gas coming from the water heater. They will come out immediately to let you know if there is a problem and will check your other gas appliances while they're at it. If they find any defects, they will leave a written notice and the builder will have to deal with those issues.

• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.

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