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The issue of a final walk-through wasn't addressed in that video -- even though it is a very, very obvious question. Why on earth didn't they do that?
Not saying at all that it's their fault -- just that they would still have their $560,000 if they had done that simple thing. I always thought final walk-throughs were routine. And why didn't their AGENT make sure that happened? Again, that's an obvious question that wasn't addressed in the video.
The issue of a final walk-through wasn't addressed in that video -- even though it is a very, very obvious question. Why on earth didn't they do that?
Not saying at all that it's their fault -- just that they would still have their $560,000 if they had done that simple thing. I always thought final walk-throughs were routine. And why didn't their AGENT make sure that happened? Again, that's an obvious question that wasn't addressed in the video.
That's exactly the thought I had--WTH? Simple walk-through, seller is still there, funds don't get moved. I agree, not their fault, and I don't know what SOP is in CA, but wow. I assisted with a sale once and we showed up for the walk-through & most of the sellers belongings, and the seller, were still in the house. We signed, held back big $$ with a written agreement and gave him the weekend to vacate, which he did. I'm guessing every agent has a similar story.
Feels like something is missing from this story...
We do a lot of rent backs here in my city. I'm wondering if they had an agreement to let them rent back for say 3-5 days after closing. We do this to let people close on their new home usually the next day and then get moved. We have an actual rent back agreement with stiff penalties for not being out so it is easy to go and get the eviction order from the sheriff if someone failed to leave on time. I've never had anyone not leave on time, and I've only heard about it once (an elderly couple that was totally overwhelmed with moving), and we still do our walkthroughs to make sure people are getting packed.
If during the walk-through, they aren't packing, then I would have created an addendum to do a partial release of the funds at closing and the rest when they were moved out. I know here, sellers aren't protected by landlord-tenant laws nor the Covid Moratoriums. It is CA though.
After I consult my attorney to understand my position, I would pull the electric meter and turn off the water and lock the valve. Then I would wait for them to leave, at which time I would gain entrance and secure all the doors with new locks.
RM
I'd just sit down the street ready to rekey the locks. At which point I would do so and move in. It isn't exactly I self help eviction in the sense of a LL that wants to circumvent the court system, so I doubt the cops would get involved. "Hey man, I just bought the place from him, he's a nutjov that wants back in, it's my place, these papers prove it."
I'd just sit down the street ready to rekey the locks. At which point I would do so and move in. It isn't exactly I self help eviction in the sense of a LL that wants to circumvent the court system, so I doubt the cops would get involved. "Hey man, I just bought the place from him, he's a nutjov that wants back in, it's my place, these papers prove it."
Agreed. After seeing that he came out and hassled the (new) owner when they tried to water the lawn, I would probably take that approach and have someone ready to run in when the door was opened.
The issue of a final walk-through wasn't addressed in that video -- even though it is a very, very obvious question. Why on earth didn't they do that?
Not saying at all that it's their fault -- just that they would still have their $560,000 if they had done that simple thing. I always thought final walk-throughs were routine. And why didn't their AGENT make sure that happened? Again, that's an obvious question that wasn't addressed in the video.
Sob stories never address details. The subjects just end up homeless, or end up broke, or end up in some bad situation with no questions asked.
We had some concerns about the sellers on the house we recently bought not being gone by closing due to some comments they made to the realtor. We made it clear that we expected the house to be empty at the final walkthrough the night before closing. It was. Seems like that would be a normal thing to require, no? I suppose the seller could still refuse to turn over the keys, but if all the furniture and such has been removed that would be a pretty good sign to me. Did that not occur here?
While an unusual situation, I *was* the seller who was still in the house at close. I was using the proceeds from the sale of my house to buy a new one, but due to endless screw-ups on the buyer's agent's part, the close date kept having to get moved. Now, I had engaged a moving company to get my stuff on X date to move out, but I couldn't move in to my new house until I closed on that....and I couldn't close on the new until I closed on the old. And the buyer's agent screwed up so many times that the close on my old house got moved no less than four times. When my agent--a devoutly Christian man--worked on a Sunday to try and help get this back on track (something he *never* did) and outright asked the buying agent, "What the hell is wrong with you?!" I was kinda....whoa.
As a result of all the close date changes, I had to keep rescheduling the movers. And the date we finally closed, unfortunately, was during a week that the movers were heavily booked. They had a date for four days *after* the close. So the result was that for four days after the sale, I was essentially 'renting' my old house until the movers could come. My sister, friends, and I brought as much stuff as we could carry (and wasn't immediately needed) over to the new house, so when the movers came, they essentially only had to get the furniture and some of the heavier boxes.
Granted, it's not *typical*, but things like that do happen, and can keep sellers from moving out on the close date.
We do a lot of rent backs here in my city. I'm wondering if they had an agreement to let them rent back for say 3-5 days after closing.
Makes me glad I lived in states where possession is upon closing and vacant at walk-through can be enforced.
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