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Old 11-09-2018, 12:16 AM
 
5,551 posts, read 3,491,448 times
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So our new house is closing in exactly one week. The sellers are going to be there right until the last minute as they are busy with their work-at-home business.

We are coming from nearly 1000 miles away and while I'm not bringing a moving truck I would like to take some things there.

The house will still be mostly furnished when we take possession because we bought their furniture.

I am worried about the possibility of the sellers deciding this just isn't a good time for them to stop working and ask if they can do a rent-back. In my experience with real estate agents they are all too quick to assure sellers that yes, we can do that. I don't want to do that. And if they'd wanted to do that, they should have specified it in the contract.

Complicating the situation is that the sellers have offered to give us a tutorial on the house's automation and security systems. That's fine. I just want them out before I have to drive back home. I hope the reasons are obvious.

Have you ever seen a situation where the sellers were loath to leave even though the house no longer belonged to them?
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Old 11-09-2018, 04:27 AM
 
Location: Cary, NC
31,754 posts, read 55,659,689 times
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Quote:
Originally Posted by fluffythewondercat View Post
So our new house is closing in exactly one week. The sellers are going to be there right until the last minute as they are busy with their work-at-home business.

We are coming from nearly 1000 miles away and while I'm not bringing a moving truck I would like to take some things there.

The house will still be mostly furnished when we take possession because we bought their furniture.

I am worried about the possibility of the sellers deciding this just isn't a good time for them to stop working and ask if they can do a rent-back. In my experience with real estate agents they are all too quick to assure sellers that yes, we can do that. I don't want to do that. And if they'd wanted to do that, they should have specified it in the contract.

Complicating the situation is that the sellers have offered to give us a tutorial on the house's automation and security systems. That's fine. I just want them out before I have to drive back home. I hope the reasons are obvious.

Have you ever seen a situation where the sellers were loath to leave even though the house no longer belonged to them?
Sure, I have seen situations where the sellers were out of touch with their contract and commitments.
It doesn't happen all that often.

Does your contract not state that you get possession at closing?
Do you have a buyers agent? If so, what does your agent say?

What prompted you to have this worry?
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Old 11-09-2018, 05:08 AM
 
Location: Rochester, WA
3,925 posts, read 2,127,025 times
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What he ^ asked... Is there some reason you are particularly worried about this happening?

Last edited by Diana Holbrook; 11-09-2018 at 05:25 AM..
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Old 11-09-2018, 05:13 AM
 
2,405 posts, read 4,909,380 times
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In some states possession (in a normal contract) is immediately after closing. In some states possession happens somewhat after closing.

In any case, agreeing to a rentback is totally up to you. Just say no.
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Old 11-09-2018, 09:59 AM
 
5,515 posts, read 6,193,865 times
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Sometimes sellers just don't get it: You sold your house; you need to be out by closing. This means all of your stuff, and the house needs to be clean. You can't do it all the morning before the closing.


Reach out to your realtor if you are getting the willies about the seller being out. Are they packed? Is their stuff ready to move? Is the garage and the basement, where they are not living, all set to go? As far as you can tell, do they have a new place in which to live and are they getting started readying that place for their occupancy. Are they focusing on their business and disregarding their obligation to be out of the house and have it ready for final inspection prior to closing?


Have your realtor reach out to the sellers realtor if the above is bothering you. The sellers realtor can politely remind them that they have to be out, including ALL of their stuff, have the house clean, and have it ready for final inspection prior to closing.


Let us know what the seller's realtor has to say...and has he/she motivated the seller to "get going"? Time is short.


Edit: YOU make the call on the rent back. Don't want to? Don't do it. No explanation. No negotiation. NO. Your realtor communicates this to the seller's realtor and it is final. Do NOT get into a negotiation. Just NO>


Home business...I wonder if it is going under, and they are selling house as last resort, and have nowhere to go because they are broke. Most small businesses fail. They may not have faced reality that they are broke and homeless. Sorry about that, but it is NOT your problem, Business deal for you. Do NOT get into emotions.

Last edited by Ted Bear; 11-09-2018 at 10:08 AM..
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Old 11-09-2018, 10:48 AM
 
Location: Rochester, WA
3,925 posts, read 2,127,025 times
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They sound very cooperative and helpful offering to show you the house systems. You have a WEEK before closing, and most of the furniture is staying. I'm not sure why you think it's so odd that they are still there. Why should they move a week early?
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Old 11-09-2018, 10:55 AM
 
442 posts, read 472,354 times
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Where are they going? Interesting that they feel to compunction to actually be moving their personal belongings out before you show up. I can understand your concern, but your contract takes precedence. Possession at closing? Possession one day after closing? Whatever it says prevails.
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Old 11-09-2018, 10:59 AM
 
5,551 posts, read 3,491,448 times
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Quote:
Originally Posted by MikeJaquish View Post
Does your contract not state that you get possession at closing?
Do you have a buyers agent? If so, what does your agent say?

What prompted you to have this worry?
Good questions. I left some stuff out.

Yes, we are supposed to get possession at closing but apparently it's delayed a day after we sign everything. I don't fully understand it. I will call my agent today.

My worry is based on the fact that I work from home, too. So I'm familiar with the stresses and the difficulty of just picking everything up and leaving, as well as the unwillingness to do so. These people are very nice (yes, I've met them) but they don't seem to be able to disengage from their business for very long. I had one twenty-minute tour of the place. They were both there and working during that time. They couldn't take a half-hour to vacate the premises so that a highly-qualified buyer could see the place?

There's also the fact that since most of the furniture is still there, it will be tempting to linger.

The sellers know we are coming from quite a ways away; they may have guessed that we need to return promptly after this business is concluded. If the moving-out process is not going as quickly as planned, they may be thinking that it wouldn't hurt to try to stay longer since the house will be unoccupied after we take possession.

Yes, I'm worried.
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Old 11-09-2018, 11:11 AM
 
Location: Rochester, WA
3,925 posts, read 2,127,025 times
Reputation: 10879
I think you are just worrying needlessly. They're not doing anything wrong. They have a week. They're still working because they still own it. Nothing they are doing right now is unusual. You're making up motives for them to stay all on your own, not based on anything they have expressed, and I don't think you've shown any basis for it.

Sometimes buyers and sellers sign all the paperwork, but it takes another day or two for the bank to fund the transaction, and for the transaction to be recorded at the county. RECORDING is when the transaction is complete... not signing.
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Old 11-09-2018, 11:20 AM
 
5,551 posts, read 3,491,448 times
Reputation: 20922
Quote:
Originally Posted by Diana Holbrook View Post
I think you are just worrying needlessly. They're not doing anything wrong. They have a week. They're still working because they still own it. Nothing they are doing right now is unusual. You're making up motives for them to stay all on your own, not based on anything they have expressed, and I don't think you've shown any basis for it.

Sometimes buyers and sellers sign all the paperwork, but it takes another day or two for the bank to fund the transaction, and for the transaction to be recorded at the county. RECORDING is when the transaction is complete... not signing.

It doesn't bother me that they're still there. Of course they are, it's their home for now.

The loan will be funded before signing.

Unfortunately, I can't share publicly all the information I have, so I will let this drop.
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