Seller vacating home after closing?

Seller vacating home after closing?

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  #21  
Old 02-19-2019, 10:34 AM
Kahuna32162 Kahuna32162 is offline
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We've always had a pre closing inspection and walk thru to guarantee that there where no surprises left by the seller. If they can't get moved out before the closing date, move it.
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  #22  
Old 02-19-2019, 10:36 AM
bagboy bagboy is offline
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Possession is a negotiated item in a real estate purchase agreement. It can be anywhere from "at closing" to a later, predetermined date. Anything over 10 or 15 days should include financial consideration for the buyer. There should be a final walk through by both parties the day of possession. Real estate purchase agreements are an unemotional contract. Terms and conditions are all spelled out and negotiated before both parties sign it.
The good faith deposit by the buyer is placed in escrow, and will be forfeited only for non performance by the buyer. It won't be used for repairs/cleaning etc. Keep in mind, in most cases the seller does not know the buyer. It's happened many times that a seller has cleaned and vacated the property only to have a buyer fail to close the deal, for whatever reason. Hence, possession a few days after closing is a very reasonable condition of the agreement.
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  #23  
Old 02-19-2019, 10:59 AM
Dan9871 Dan9871 is online now
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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's not really a question of what is "normal" it's what you want to agree on. If you let the seller stay after closing, even with a rental agreement, they may stay longer than the agreement says and it may take you a long time to get them out.

If the seller vacates before closing and you back out that could leave the seller on the hook for payments on two houses or at least leave them in a very inconvenient circumstances.

When we sold out house in MA the standard purchase agreement said that the house would be broom swept for the final inspection before closing.

I certainly have had friends who sold their house and closed with an agreement that let them stay in the house for a few weeks, so letting the seller stay in the house is not that unusual.

But in any case whether the seller stays in the house after closing is something that should be in the agreement you and the seller sign. And if it says that the seller can stay in the house after the closing it is something you should be sure is iron clad that the seller will be out... you probably need a lawyer to do that.

We had a relative that let a niece stay in their house while the relative was away for the winter. A friend of the niece that had drug issues (and the relative knew) called the relative to see if there was a hidden key she could use to get into the house and stay for "just one night". The relative told her where the key was.

Anyhow she stayed for over a month and even the Police could not remove her because the relative had told the friend where the key was and that gave her permission to say.

So I, as a buyer, would want the seller out before closing... you just have no idea what might be going on in the sellers life.
  #24  
Old 02-19-2019, 11:29 AM
vintageogauge vintageogauge is online now
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Don't do it, have them out of there before you sign. It could take you months to get them evicted if they decide to stay. Tell your agent that they have to be out before you sign at closing.
  #25  
Old 02-19-2019, 11:34 AM
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birdawg birdawg is online now
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Try getting someone out of a house in Florida. Good Luck
  #26  
Old 02-19-2019, 12:58 PM
wwdgd wwdgd is offline
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Thank you for all the replies. This issue has been settled. The closing date was moved one day and the sellers will be out for the pre closing inspection.
  #27  
Old 02-19-2019, 12:59 PM
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Nucky Nucky is offline
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Quote:
Originally Posted by wwdgd View Post
Thank you for all the replies. This issue has been settled. The closing date was moved one day and the sellers will be out for the pre closing inspection.
Great Job, happy for you! Yippeeeee
  #28  
Old 02-19-2019, 01:49 PM
vintageogauge vintageogauge is online now
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Quote:
Originally Posted by wwdgd View Post
Thank you for all the replies. This issue has been settled. The closing date was moved one day and the sellers will be out for the pre closing inspection.
There you go.
  #29  
Old 02-19-2019, 02:15 PM
dnobles dnobles is offline
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No once you go to closing that’s it
  #30  
Old 02-20-2019, 08:05 AM
Mamalea Mamalea is offline
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When we bought, the seller wanted to spend another day/night. We think they were just pushing because of quite a bit of back and forth on negotiations for purchase. We said "NO". In addition, what if they were hurt after you owned the house. Insurance/suit??
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