In real estate, few things feel more disappointing than when a home you’ve bought doesn’t meet the level of cleanliness you expected at possession. Recently, I represented both the buyers and sellers in a transaction where we encountered a challenge that many agents are familiar with: differing opinions on what “clean” truly means. Here’s a look at why cleaning standards are so important to clarify in purchase contracts and what lessons this experience reinforced.
Setting Expectations: Why One Person’s Clean Is Another’s Concern
In real estate transactions, the expectation for a “clean” property at possession is often assumed but rarely defined clearly. Most standard contracts don’t actually include a specific term for property cleanliness, leaving it up to individual interpretation. This can lead to misunderstandings, as one person’s idea of “clean” may be quite different from another’s.
To avoid ambiguity, many agents add a specific cleaning term to the purchase contract. In this case, we aimed to set clear expectations by including a clause that the home and outbuildings should meet a particular cleanliness standard 24 hours before possession. I also discussed with the sellers what the buyers expected, suggesting a professional cleaning to ensure a baseline quality. However, the sellers ultimately preferred to handle the cleaning themselves and did not agree to the professional cleaning clause.
Without a standard term, it’s crucial to communicate expectations and outline clear cleaning requirements, yet even then, the subjective nature of “clean” can still lead to different interpretations, as we saw in this transaction.
The Walkthrough: When Standards of Clean Differ
The day before possession, the buyers and I walked through the property. Despite our discussions and the agreed standards, several concerns stood out:
Many outbuildings still contained items left behind, and floors were unswept.
The poultry coop hadn’t been cleaned.
The garage had debris and visible leakage that could have benefitted from a thorough clean.
Although the sellers stated the house was cleaned, closer inspection showed only a surface-level effort—dust remained on surfaces, doors had visible hand and paw prints, and it was clear the cleaning was minimal.
The buyers were understandably disappointed. I empathized with them, as I also value a high level of cleanliness, especially when expectations have been outlined clearly.
When Subjective Terms Fall Short
This situation underscores why using subjective terms like "clean" in a contract can lead to disputes. The buyers’ idea of “clean” included dust-free surfaces, a swept garage, and waste-free outbuildings, while the sellers felt that their clean-up effort was sufficient. Even with contract terms specifying that cleanliness should meet a particular standard, the interpretation remained open to each party’s perspective. The discrepancy led to legal involvement, and while the sellers returned to make additional clean-up efforts, their work didn’t fully meet the buyers’ expectations or the contract timeline.
Professional Cleaning Clauses: A Worthwhile Solution
In situations like these, a clause requiring professional cleaning with a receipt can help prevent disputes. A receipt provides proof that an effort was made, even if cleaning companies vary in their standards. While not foolproof, this objective measure adds clarity and reduces subjective interpretation. When sellers resist a professional cleaning clause, it’s important to communicate the risk of varied expectations and, if possible, negotiate for a specific checklist that can be agreed upon by both parties.
Closing Despite Unmet Conditions: Limited Remedies for Buyers
Ultimately, buyers must balance their desire for a clean property with the practicalities of closing on time. In this case, the buyers faced a dilemma: either close on schedule or risk penalties and delays. They chose to proceed, knowing their only recourse might be small claims court to recover cleaning expenses. While the contract included a holdback provision if the property wasn’t cleaned within 24 hours of possession, this became challenging to enforce due to the subjective nature of the agreed-upon term.
Lessons Learned: Clear and Objective Terms Protect All Parties
This experience highlights the importance of clear contract terms, particularly for subjective issues like cleanliness. When drafting or accepting terms, here are a few best practices to consider:
Opt for Objectivity: If possible, specify professional cleaning with a receipt, even if there’s pushback. This provides tangible evidence of effort and makes expectations clearer.
Discuss Details in Advance: Having open discussions about what “clean” means can reduce misunderstandings. While not a guarantee, explaining the desired standards to both parties can at least set realistic expectations.
Consider a Holdback for Cleaning: If professional cleaning isn’t feasible, a holdback provision can be a backup measure—though, as seen here, it isn’t always easy to enforce.
Real estate transactions come with numerous moving parts, and cleanliness expectations are just one piece of the puzzle. By striving for objective terms, agents, buyers, and sellers can ensure that possession day is as smooth as possible and that everyone’s expectations are met to the best extent possible.
Final Thoughts
Buying or selling a home is a significant transaction, and setting clear, objective expectations for every part of the process—especially for details like cleaning—can make all the difference. If you’re planning a real estate transaction and want guidance on avoiding similar pitfalls, I’d be happy to help.
