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Old 06-01-2018, 07:35 AM
 
Location: Middle Tennessee
168 posts, read 78,492 times
Reputation: 207

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I have to apologize up front as I don't have all the details, but my question is for any real estate agents here.

My daughter sold her home and moved/closed on another home the same day.

When she went to the walk through for the home she was purchasing and the sellers (age 70's) had not packed/moved anything. They said they had asked for extra time, and my daughter's agent explained you had asked, but we did not agree to that. She asked them several times, you do have someone coming today to help you pack, and they replied no. The seller's did have an agent as well.

After a long horrific stressful day, they did close the next day. The sellers DIL told the couple they had to go, and my daughter/fiancé helped move what they could to a camper/trailer that was on the property. It was a nightmare. They still left a lot of things behind that my daughter will have to dispose of. Again, there is so much I don't know as I live in another state and had a few short conversations with my daughter through this process. I think she is still in a state of shock

I am still trying to wrap my head around how this happened. It isn't the real estate agent's job to babysit a seller and make sure they have packed/moved out. I have sold 2 homes and bought 1 in the last 6 months.

Is this common?? It was sad on so many levels. The couple told my daughter they were in financial trouble and didn't want to move.
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Old 06-01-2018, 07:59 AM
 
Location: Austin
7,083 posts, read 16,919,944 times
Reputation: 9503
No, it's not "common" but it happens more times than you think. They should have the money from the equity in the house to be able to pay for the movers and cleaning since your daughter already closed.

That was nice of your daughter to help them move. It could have gone a completely different way and she chose to help instead of make it worse.
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Old 06-01-2018, 08:13 AM
 
Location: Middle Tennessee
168 posts, read 78,492 times
Reputation: 207
Quote:
Originally Posted by FalconheadWest View Post
No, it's not "common" but it happens more times than you think. They should have the money from the equity in the house to be able to pay for the movers and cleaning since your daughter already closed.

That was nice of your daughter to help them move. It could have gone a completely different way and she chose to help instead of make it worse.
Thank you for your response. All I could think of was all the potential liabilities of them helping. My daughters fiancé offered to help, although my daughter was not onboard with the idea. If they had not helped, the alternative was for my daughter/fiancé to find temporary housing with 2 children, 3 dogs and a slew of chickens in tow.

I have to wonder where the family was during all this, especially since they were able to get ahold of the DIL. I can't imagine leaving my elderly parents to handle alone.
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Old 06-01-2018, 08:25 AM
 
Location: Columbia, SC
8,857 posts, read 17,461,540 times
Reputation: 6239
Not common but happens from time to time. Maybe the agent didn't advise or maybe the agent did and the sellers didn't listen. Elderly sellers struggle more with a move in my experience than younger sellers.
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Old 06-01-2018, 10:04 AM
 
2,393 posts, read 4,871,642 times
Reputation: 4519
USUALLY the contract provides for a pre-closing inspection. If the house is not acceptable (i.e., empty and clean) the buyer has no obligation to close.

The agent doesn't get paid unless closing happens. So the seller's agent has considerable incentive to make sure things are ready.

I had a case recently where the house I was buying was not cleared out. The seller's agent immediately agreed to hire cleaners at her expense.

(Unless you are in a state that allows post-closing occupancy) your daughter had the leverage and didn't use it.

Last edited by rational1; 06-01-2018 at 10:05 AM.. Reason: spaces
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Old 06-01-2018, 10:36 AM
 
Location: Middle Tennessee
168 posts, read 78,492 times
Reputation: 207
Quote:
Originally Posted by rational1 View Post
USUALLY the contract provides for a pre-closing inspection. If the house is not acceptable (i.e., empty and clean) the buyer has no obligation to close.

The agent doesn't get paid unless closing happens. So the seller's agent has considerable incentive to make sure things are ready.

I had a case recently where the house I was buying was not cleared out. The seller's agent immediately agreed to hire cleaners at her expense.

(Unless you are in a state that allows post-closing occupancy) your daughter had the leverage and didn't use it.
Agreed, this did not happen the way it should and due to extreme duress it was a cluster. Lots of lessons learned.
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Old 06-01-2018, 11:00 AM
 
Location: DFW - Coppell / Las Colinas
29,975 posts, read 34,587,203 times
Reputation: 35979
Early in my career I was closing a home on a Tuesday morning. As we walked out of the closing the Seller asked me to call the Buyers agent and tell them he would be out of the house the following week. I nearly choked and explained it was no longer his house and he should have been out before we closed.

He had the nerve to ask if I minded going over to the house and help his wife pack boxes and help her move since he had to go to work.

I learned that day to not take for granted things you and I would consider common sense.
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Old 06-01-2018, 12:08 PM
 
Location: El paso,tx
1,510 posts, read 579,066 times
Reputation: 2335
I'd recommend a walk thru the morning of closing, and if house isn't vacant and broom clean refuse to close.
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Old 06-01-2018, 12:47 PM
 
Location: East Coast
2,778 posts, read 1,580,906 times
Reputation: 4008
It's not something that is supposed to happen, and the sellers could be sued for it. But if they're old and in financial trouble it's probably more trouble than it is worth. This is really something that should have been clarified during the negotiation process, and if attorneys had been involved, it would have been.
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Old 06-01-2018, 01:02 PM
 
Location: Raleigh NC
7,788 posts, read 6,144,732 times
Reputation: 6905
Quote:
Originally Posted by LMPA View Post
It isn't the real estate agent's job to babysit a seller and make sure they have packed/moved out. I have sold 2 homes and bought 1 in the last 6 months.
no ma'am it's not our jobs to babysit anyone.

We *should* remember that while this process is fairly routine to us, very few consumers are familiar with exactly how they're supposed to conduct the end of the transaction.

Should the listing agent have taken a more central role - ABSOLUTELY. It's their client screwing up, not your daughter and her agent.

should we as agents remember to tell our clients - buyers and sellers - when possession changes and what that entails? Yes.

Customs vary by location, and change over time. There are places right now where the Seller gets a couple of days after closing to move out; they aren't expected to have even started moving necessarily at closing.
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