Once you finally go to settlement it would be wonderful that all the loose strings were neatly tucked in and all the checks were written to make all parties happy. Unfortunately, that's not always the case. Especially when it comes to the exchange of moneys between buyers and sellers to wrap up a transaction when walk-through items have been identified and must be remedied.

The walk-through by the buyer usually takes place just before settlement. Depending on your market and whether or not the sellers are out of the house, the walk-through can happen a few days before settlement, the day of settlement, or in the case of a rent-back by the seller, several days, weeks or months after settlement.

It is at this time that the buyer accepts the final condition of the property and signs away his life for the mortgage. If items are found not to his liking, then let the negotiations begin -- again.

Common items might be something like stains in the carpet hidden by rugs, dings in the walls, electrical outlets or light switches that don't work, sinks dripping, commodes leaking -- you name it. While these may not be large items, if you add up the expense of fixing a few of them, you can be at a few hundred dollars to haggle over right at the last minute.

If you find you're in this situation, you have three options:

1. The seller can take responsibility and fix the items by having a vendor run over there and take care of the problems. This could also be done by agreeing to a fix-up amount of money and paying the vendor up front;

2. Provide a credit at settlement to the buyer (check with the lender);

3. Put money in escrow whereby the vendor bills the settlement company and the funds are paid out of that account (check with lender).

It all sounds so simple, doesn't it? And yet, lawsuits have been launched over those pesky walk-through items. With number 2 and 3, for instance, what do you do if the initial fixing of the front porch light uncovers a host of electrical problems stemming from Mr. Seller's home-improvement project a few months earlier? Now, Mr. Buyer wants a lot more than just the money in escrow.

The problems with letting a house exchange hands that is not completely clean of defects (at least at the time of settlement) go on and on. If the lender wants to sell the loan after settlement, outstanding repairs make it difficult, if not impossible to sell it on the secondary market.

Relocation companies won't allow escrow money, period. They want the transaction ended on the day of settlement. In other words, the settlement may be postponed until the items are fixed.

If you decide to leave money in escrow, what will you do if you've left too much? For some reason, many buyers believe that since you agreed to $500 to repair and paint the wall in the living room, that if the actual bill comes up to only $300, they're entitled to the remaining 200 bucks.

Unless the buyer and seller agree to the release of the escrow funds, it customarily cannot be released. Remember, the settlement/escrow company is the representative of the transaction, not necessarily the buyer or seller. They must protect the escrow fund until all parties agree or a court orders the release of the money.

The best practice is to simply not do escrow. Fix the problem and finish the deal. If you must, however, make sure the seller and buyer draw up a very detailed agreement that answers at least these three questions:

1. Who's holding the money?

2. Signed by the buyer, seller and the escrow agent.

3. What's the money for? And, what is the term of use (be very detailed.)

4. How is the money to be released (i.e., can it be released upon the receipt of an invoice from the vendor)?

5. If there's any balance, who gets it and can it be released immediately?

In essence, put everything in writing and leave nothing up to supposition.