Seller vacating home after closing?

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Old 02-19-2019, 07:57 AM
wwdgd wwdgd is offline
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Default Seller vacating home after closing?

The MLS realator I am working with said the sellers want to have access to the house for the remainder of the day after a morning closing. This did not sound right to me. The MLS agent said this common and/or normal for transactions down here. Is this true?
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Old 02-19-2019, 08:02 AM
retiredguy123 retiredguy123 is online now
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I wouldn't accept that condition. Whenever I purchased a house, I always took possession immediately after signing the closing papers.
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Old 02-19-2019, 08:09 AM
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Madelaine Amee Madelaine Amee is offline
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No, once they have signed off on the deed they are no longer allowed in the home, unless they want to rent it for the afternoon! If they sold the house they should be out of it.

In this case I would have someone changing the locks immediately after signing.
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Old 02-19-2019, 08:10 AM
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They could ruin you. Not very likely but possible. Have them pay for an attorney and have him draw up a use and occupancy agreement and they pay for the day and leave a deposit in case of damage on the way out. This is because they want your money before they leave. Too bad cause that's not the way it works. No way I would do it.
Ask your agent or the other agent to finance the seller's request with a legal agreement. If they think it's the correct thing to do they won't mind paying.
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Old 02-19-2019, 08:11 AM
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No. After the closing you own it. I would not sign the papers until they are out.
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Old 02-19-2019, 08:12 AM
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Once I sign the closing papers...the house is mine.

It would be like a vehicle seller asking to use their old car...after the bill of sale was signed. Ain't gonna happen.

The sellers will simply have to up their schedule by one day, to ensure that they are completely moved after you put your 'John Hancock' on the stack of papers.

If there is a major reason, that can't be changed, as to why the sellers need the extra hours and you're feeling magnanimous...you can always change the signing time/day.
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Old 02-19-2019, 08:41 AM
Joeg180 Joeg180 is offline
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Are you not completing a walk through before closing so that you can check the condition of the property? They should be out of the property before closing. If they can't be out due to packing, etc. Have them place funds in escrow to ensure they are gone by a certain time and the property condition is as expected based on the sales contract.
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Old 02-19-2019, 08:49 AM
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Don't do it. What if they decide to stay Think squatters.
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Old 02-19-2019, 09:08 AM
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Quote:
Originally Posted by wwdgd View Post
The MLS realator I am working with said the sellers want to have access to the house for the remainder of the day after a morning closing. This did not sound right to me. The MLS agent said this common and/or normal for transactions down here. Is this true?
It seems very strange that, while everyone posting says that it is unusual, your agent says it is normal. Is this really an arm's length transaction, or is the agent acting for someone he knows and doing them a favor at your inconvenience?
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Old 02-19-2019, 09:15 AM
retiredguy123 retiredguy123 is online now
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The buyer should understand that the Realtor represents the seller. But, even so, a Realtor should not tell a buyer that it is normal to not take possession of the house immediately after the closing.
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Old 02-19-2019, 09:15 AM
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It is quite normal. Often a seller has 30 days, sometimes less, sometimes more to vacate. It is becoming more common to give immediate possession to buyers but by no means is it wrong to allow this extra time. There should be a clause signed that stipulates how long it will be, and... that the home will be in the same condition as it was st closing.

Sometimes deals fall through. if an owner moves out by closing and it falls through, losses are incurred.
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Old 02-19-2019, 09:24 AM
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It is quite normal as long as you have a rent back agreement in place, otherwise no, it is not normal. If a closing falls through, typically the deposit would be forfeited as compensation for losses.

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Originally Posted by Jerry C View Post
It is quite normal. Often a seller has 30 days, sometimes less, sometimes more to vacate. It is becoming more common to give immediate possession to buyers but by no means is it wrong to allow this extra time. There should be a clause signed that stipulates how long it will be, and... that the home will be in the same condition as it was st closing.

Sometimes deals fall through. if an owner moves out by closing and it falls through, losses are incurred.
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Old 02-19-2019, 09:28 AM
PaulDenise PaulDenise is offline
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What does 'access' actually mean?? If it is for something simple and you are there, maybe it is the friendly thing to do.
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Old 02-19-2019, 09:41 AM
TheWarriors TheWarriors is offline
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It is normal to have a specified number of days to move out after closing, the number of days as well as the cost per day are clearly spelled out in the contract. I don’t know too many people that would vacate a home prior to closing, incur all of the costs and hassle, only to have the buyer back out at the last minute.
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Old 02-19-2019, 09:44 AM
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Quote:
Originally Posted by wwdgd View Post
The MLS realator I am working with said the sellers want to have access to the house for the remainder of the day after a morning closing. This did not sound right to me. The MLS agent said this common and/or normal for transactions down here. Is this true?
First OPINION-do you not have an attorney? If, not you should.
The Realtor has only one goal and that is to get a deal done.
They actually work for the seller NOT FOR YOU.

"did not sound right to me," YOU KNOW IT IS WRONG so why would you agree to it? I'm not an attorney but real estate law is interesting in that the deal must be in writing. The agent can say almost anything. Unless it is written it is meaningless.

I'm sure I will get a load of posts concerning a code of ethics.
Personal experience, many years ago and yes I had it all in writing. A valid claim against a broker. I put in a complaint to the realtor board. I was told I would ave to appear during the week-would have cost me a days pay. THE BEST PART-any damages would go to the realtor board not to me.

Do not allow SALESPEOPLE to confuse you as to who is on YOUR
side.
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mls, closing, sound, vacating, agent

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