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I find it hard to believe the OP hasnt either owned a house before, or rented somewhere. They had to live somewhere their whole life if they are now moving to a retirement community. So they had to move before, end a rental, or sell a previous home. Rules are rules, they arent there just for fun.
Im sure she's been blaming people all her life, if she's blaming her real estate agent for this issue.
I have to say that this thread was entertaining. When we bought our home it was empty and we had been renting at the time. No problems for us. The closest I can figure to a similar story is when my parents were moving from their last home over 13 years ago. They had rented a large moving truck and filled it with their stuff. They did not have to be out untill the next morning. I remember stopping by to help them finish packing the truck and empty the house out. The new owners had moved out of their condo that same day and were hoping to get in that night. My parents did not have to give them the house any earlier than 8am the next day, per the contract. We finished loading and cleaning up around 8PM and instead of making these people wait till the next morning my parents drove the truck to a friends home to store it for a couple weeks. (I should clarify, home on a 10 acre lot, so it was not like the truck was going to be in anyones way.) My mom felt kind of sorry for the other family, and even though they could have stayed that was the last time they were in that old home of 38 years. My parents stayed with us for a couple weeks before driving to Arizona to move into there new home.
I'm surprised the buyers didn't have a walk-thru the night before and delay closing due to you not being out.
After we closed on our house, had I gone by to walk inside for the first time and found the original owners still there, I would have called the cops. Niceities aside, home buying is a business transaction, and if the contract states to vacate at close, I expect to walk into an empty house.
I agree that the OP made some serious mistakes and should not have expected her buyers to pick up the slack, but I also fault the realtor -- who was making a profit here -- for not advising her what could happen if she wasn't out by the extension date. The realtor should have known there might be a problem when she got the first extension for the OP, and should have stayed on top of it. If agents are going to call themselves "professionals" then they should act like professionals-- someone who always has the client's best interest in mind even if it calls for a bit of overtime. Particularly so when its obvious that they are dealing with an unsophisticated client.
Realtors are not allowed to give legal advice. They're not lawyers. In the contract, it talks about possession. It's on the seller to READ the contract! If the seller can't be bothered to read the contract, that's on them. No one holds your hand through real estate. This isn't kindergarten. This is the real world. The seller wasn't a 12 year old. The contract ended. The realtor's job was over! They don't stay with you for life.
apparently no one read my remarks in between all of yours. I was all packed and ready to go and had movers to my home weeks before all of this happened to set something up. Call me stupid, call me ignorant as you have but I didn't know the real estate laws. My realtor has been my friend for years. Everything you have said makes sense. It's sold and it's not mine any longer and I should have left but I had no clue about people coming in and throwing you out. It never crossed my mind. I would have thought she could have told me and I could have had good movers come in and put stuff in storage and go to a motel and none of my stuff would be missing. That would have been fine with me. My realtor sure made sure she was there when they showed up? why? my mistake I took the papers and signed them not knowing what I was signing. but why didn't she explain things to me how real estate works isn't that she is getting paid for? she failed me as my friend and that hurts worse and I am not playing the victim. My realtor never even found one house for me. I found everyone of them. I drove us to all of them and bought us both lunch every time. I thought we were friends. To me that hurts the worse and loosing my mothers rock crystal to the movers. I had good movers but all the good movers were taken at a spur of the moment.
No, realtors are not paid to explain real estate law to anyone. I've said this no less than 3 times in this thread......Realtors are NOT lawyers! They cannot give legal advice! What part of that don't you understand?
It's incumbent upon ALL buyers and sellers to READ and understand their contracts! If you don't understand something, ASK your LAWYER! What is so difficult to understand about that?
If you had movers to your place and it all packed up, why didn't you move? That's been asked several times and you've never answered.
You are absolutely playing the victim. She may be your friend, but this was a business transaction. Friendships don't enter into business. It's business. Not a tea party.
All competent RE Agents know that closing without move out creates a volatile and dangerous situation. ONe advises a client against doing it but then negotiates an agreement for occupancy after closing. None like it but most do it when out of other choices.
A competent agent however warns the client that it becomes difficult if you are not out on time or by a new negotiated departure.
Thus the agent was incompetent in not properly preparing her client for the coming battle. In fact I would think the seller has a good arbitration with her agent at the local board if that board has protocols like ours.
This bit though that the new owner has some right to throw out the seller who overstays the 3 day extension is also utter nonsense. What he has is the right to go to the local low end court and get an eviction notice. He can then serve the seller and have a marshall remove her. This involves notice and an opportunity to respond to the complaint.
So the RE Agent and the buyer were both wrong. And neither proceeded in a correct manner.
And the posters on this thread demonstrated how little they know about all this..
And Silverfall should be ashamed.
You're assuming the realtor didn't tell any of this to the seller. We're not hearing her side of things. She could have said every single day for 3 months that the seller needed to be out of the house by the closing and it fell upon deaf ears. The realtor could have told her friend for a year to get her house ready and start cleaning out the house and it fell upon deaf ears. The realtor could have given the seller a list of the greatest movers in town and the seller didn't call any of them. There's a whole lot we don't know. We just hear from the seller who has changed several things she originally claimed in the OP.
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