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ApartmentInsured

How should insurance be handled when buying or selling an apartment building?

At acquisition, the buyer must bind new coverage effective at closing; at disposition, the seller coordinates policy cancellation or assignment, and both parties must address the insurance gap during due diligence.

Insurance is a critical closing requirement for apartment acquisitions and is often on the critical path for loan funding. The buyer's insurance must be in force at the moment title transfers, as the seller's policy does not automatically transfer with the property. Commercial property insurance is non-assignable without the insurer's written consent per ISO policy conditions (CP 00 90, Section I).

During due diligence, the buyer should request the seller's complete insurance program including policies, loss runs (typically five years), and any outstanding loss control recommendations. Loss runs reveal the property's claims history and directly affect the new owner's ability to obtain coverage and the premium cost. Properties with adverse loss histories—frequent water damage claims, liability suits, or large fire losses—may face limited market appetite and higher premiums.

The buyer should engage their insurance broker 45 to 60 days before the anticipated closing date. This allows time to obtain quotes, negotiate terms, satisfy lender requirements, and arrange surplus lines coverage if needed. For agency-financed acquisitions, Fannie Mae requires the servicer to review and approve the borrower's insurance program before loan closing. Late insurance binding is one of the most common causes of closing delays.

At disposition, the seller should coordinate policy cancellation with the closing date to obtain a pro-rata premium refund for the unused portion of the policy term. If the seller has a portfolio policy covering multiple properties, the sold property is removed by endorsement rather than canceling the entire policy.

The purchase and sale agreement should address insurance-related provisions including: which party bears the risk of loss between contract execution and closing, the buyer's obligation to provide evidence of insurance at closing, and any seller representations about the property's claims history and current insurance program. In most transactions, the risk of loss shifts to the buyer at closing, making same-day coverage binding essential.

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