Seller won't leave. What is this? (insurance, property taxes, legal, rental)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
It seems to me you would get a vibe from the seller - in fact my RE attorney told us when we bought THIS house (FSBO) make sure they get out the day before or you will be living with them. We did the walk through the night before and insisted they were out at that time (they were). I saw this story on the news and couldn't help but wonder who was advising these poor buyers.
We did get that sort of vibe, and also the realtors were concerned because less than a week before the walkthrough they had apparently not started to get ready to move. Since we'd had a few minor issues with them between contract signing and closing (nothing really major, they just seemed like they were in denial that they were selling the house or something) I told the realtor to let them know we would not entertain any sort of rent back situation. I was afraid I'd wind up having to evict them. That seemed to get the ball rolling as they were ready on the day of the walkthrough (although they did ask to reschedule it from 10AM to 5PM, which we agreed to). Turns out I was good to be cautious because the realtor told me after the sale they had not found a new place and instead purchased an RV to live in. Why they had nothing lined up, I have no idea. The owner was originally from New Zealand, and we thought her plan was to move back (they did sell most of the furniture, including some to us). Possibly she couldn't because of Covid. Even sadder, we learned about 2 weeks ago that she passed away. Apparently she had a terminal illness but it was still unexpected. The whole thing made my wife and me feel bad for her, but we did not know any of this before closing.
We did a rent back when we sold our Virginia home. It was actually to help out the buyers as we had more flexibility on when to move then they did. We were out by the specified date and had the place all cleaned up for them.
When we bought the house we are in now, the previous owners had already moved out and were in another state. To this day, we have no idea what they look like.
We did a rent back when we sold our Virginia home. It was actually to help out the buyers as we had more flexibility on when to move then they did. We were out by the specified date and had the place all cleaned up for them.
It works well... when it works out well. And it usually does. But your buyers were just lucky that you honored your agreements, didn't have to be evicted, and didn't damage the place before leaving.
Do it Tony Soprano style, play loud jazz music and intimidate them. Much more likely to work, tit for tat.
I'll tell you what, if this guy pulls this on some Texans it would not end well
Quote:
Originally Posted by oceangaia
Sometimes a seller cannot be out by closing date for some reason and it is not desirable to reschedule the closing for some reason so a "lease back" is implemented. I would never agree to that. Most of the time it is a non-issue but it opens the door to all kinds of screwy problems. Last year my buyer agent ensured our contract required seller out by end of day preceding closing and we would do the walk-thru in the morning with closing at 1pm. She also made sure seller's agent had possession of the key. A few issues popped up in the walk-thru like drapes that were specified to be left had been removed (I don't think the seller wanted them and they said they had instructed their movers to leave them) and our agent got on the phone and got it resolved with the seller agent.
In this story, I saw a printed article that said the seller was requiring cash, immediately, on a Sunday night, outside of a title company closing. All the red flags of a con job. Probably wouldn't have consented to a required walk-thru and pre-closing vacancy. The buyers made a huge mistake and I wonder if they even used a buyer agent. I'll bet they thought they were getting the property dirt cheap and were too greedy to see the warning signs.
Hadn't thought of that. 560 seems really low for a house with that view. But, I wouldn't have done it as you said, a ton of red flags.
Quote:
Originally Posted by johnp292
We did get that sort of vibe, and also the realtors were concerned because less than a week before the walkthrough they had apparently not started to get ready to move. Since we'd had a few minor issues with them between contract signing and closing (nothing really major, they just seemed like they were in denial that they were selling the house or something) I told the realtor to let them know we would not entertain any sort of rent back situation. I was afraid I'd wind up having to evict them. That seemed to get the ball rolling as they were ready on the day of the walkthrough (although they did ask to reschedule it from 10AM to 5PM, which we agreed to). Turns out I was good to be cautious because the realtor told me after the sale they had not found a new place and instead purchased an RV to live in. Why they had nothing lined up, I have no idea. The owner was originally from New Zealand, and we thought her plan was to move back (they did sell most of the furniture, including some to us). Possibly she couldn't because of Covid. Even sadder, we learned about 2 weeks ago that she passed away. Apparently she had a terminal illness but it was still unexpected. The whole thing made my wife and me feel bad for her, but we did not know any of this before closing.
I would've showed up with a group of large friends, and a chainsaw or sawz-all, and cut the front door in half and started removing it from it's hinges within a week of them not leaving after closing. I would simply be "remodeling" my property. Also I would have removed the gate from the backyard fence and set up tents in the backyard and started camping there. I'd throw a backyard party for all of my friends. It would be my property, and I'd have the right to inhabit it, and alter it in any way I want. I would've made the sellers' life miserable in the house by sawing and hammering in the backyard (on any random thing, make picnic tables or whatever) starting at whatever the earliest legal time for construction noise is. I would enter the home as soon as they left for any reason and start putting their property on the curb and changed the locks.
The seller has no right to be there and is trespassing. What's the trespasser going to do? Call the cops? The seller has no lease, no legal standing. The seller can't have the police remove the new owners from the property, it's theirs. Once they let this thing drag out over a long period, that could give the seller some sort of squatter or adverse possession rights, or even "tenants" sort of rights. This needed to be dealt with immediately, like within days of closing.
I'm not a lawyer, but it doesn't look like a situation like this is covered by the CDC moratorium on evictions, which comes with lots of conditions and does allow certain evictions--it's probably a California thing, where they've outstupided everybody with the "strongest eviction protections in the nation."
Don't be so quick to trash California. That eviction law, SB91, allows "just cause" evictions that are unrelated to COVID. Seems to me the new owners need to go to court to get an order and have the police or sheriff come enforce it.
Does the seller have an arsenal of loaded machine guns? Millions of belt fed rounds? Call the local PD and advise them of this. (They'll appreciate this intel.)
Roll your camera during the ensuing festivities. Monetize your yootoob channel. Make more $$$ as an influencer.
Patch up the bullet holes and move in.
Simple...
Let's hope most of you see some sarc, built within this post....
Don't be so quick to trash California. That eviction law, SB91, allows "just cause" evictions that are unrelated to COVID. Seems to me the new owners need to go to court to get an order and have the police or sheriff come enforce it.
According to the owners, the police have already said they would not enforce an eviction order.
Last edited by fluffythewondercat; 03-26-2021 at 11:13 AM..
According to the owners, the police have already said they would not enforce an eviction order.
Nor would they likely enforce one on buyer if they just moved in. Which is why it is much better for buyer to just take action and put the burden on seller to do something about it. Show up with movers and locksmiths and private security and move your stuff in and their stuff out. Let them cry to the courts and police.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
