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How is it an eviction if theyre wasn't a rental agreement?
Must be something about state law that regards it as a landlord-tenant relationship. You don't need a written lease in many states to create such a relationship and in some states the landlord doesn't have to consent to the occupancy to create the relationship either. I wonder why the buyers didn't do a final walk through before closing? If they had done that they would have seen the seller was still occupying the property. I don't know enough about CA real estate customs to really say what went wrong here.
We must have similar laws here in MA because when we allow a seller to stay in the home post-closing we have them sign a "Use & Occupancy Agreement" which typically states that all parties acknowledge that no landlord-tenant relationship is established by the agreement.
I can't believe there wasn't somekind of fraud related crime because the house was sold ie the seller got money. The buyers also know he has money so they should sue for a portion of that back.
Also one video shows them carefully packing his remaining furniture, I wouldn't foot a storage unit or just pay for one month and if he wants it back he pays.
Must be something about state law that regards it as a landlord-tenant relationship. You don't need a written lease in many states to create such a relationship and in some states the landlord doesn't have to consent to the occupancy to create the relationship either. I wonder why the buyers didn't do a final walk through before closing? If they had done that they would have seen the seller was still occupying the property. I don't know enough about CA real estate customs to really say what went wrong here.
We must have similar laws here in MA because when we allow a seller to stay in the home post-closing we have them sign a "Use & Occupancy Agreement" which typically states that all parties acknowledge that no landlord-tenant relationship is established by the agreement.
The sellers clearly took advantage of COVID regulations to avoid eviction and to stay in the house. One can easily see how all the procedures to issue an eviction were put on hold and delayed by the local authorities.
But I also agree with that I'd have never closed on the house without that final walk through just before the closing and if the house was still filled with the sellers' belongings. On the other hand that may be in hindsight. If you are in the middle of closing, it's an emotional period due to the stress of the money being tied up in escrow (and they paid in cash so that's half a million) and there may also have been penalties to the sellers if they suddenly halted the closing process despite the physical evidence fault being on the seller's side.
I can't believe there wasn't somekind of fraud related crime because the house was sold ie the seller got money. The buyers also know he has money so they should sue for a portion of that back.
Also one video shows them carefully packing his remaining furniture, I wouldn't foot a storage unit or just pay for one month and if he wants it back he pays.
How was there fraud? He promised to sell them the house in the contract and he did. They own it. He just never moved out.
I know the contracts I use typically say that the property shall be delivered unoccupied and in broom clean condition but I have no idea what CA contracts say.
Quote:
Originally Posted by MikeJaquish
"She works as a real estate agent...."
Ouch.....
I wonder what sort of review she left herself on Z, etc, for her performance in this transaction?
Totally missed that in the article! What's that saying . . . a lawyer who represents themselves has a fool for a client. I guess you could say the same about this agent.
Quote:
Originally Posted by DXBtoFL
The sellers clearly took advantage of COVID regulations to avoid eviction and to stay in the house. One can easily see how all the procedures to issue an eviction were put on hold and delayed by the local authorities.
But I also agree with that I'd have never closed on the house without that final walk through just before the closing and if the house was still filled with the sellers' belongings. On the other hand that may be in hindsight. If you are in the middle of closing, it's an emotional period due to the stress of the money being tied up in escrow (and they paid in cash so that's half a million) and there may also have been penalties to the sellers if they suddenly halted the closing process despite the physical evidence fault being on the seller's side.
Sure but if you show up for the final walk through and the seller hasn't even so much as packed up a pair of socks that's should raise a ton of red flags. I had a seller a few years back who was about 80% moved out when the buyer showed up for the final walk through and they were FREAKING out about it. The seller had promised me for days she would be moved out in time and I made sure she was 100% moved out by noon that day. At least when these buyers showed up they could see she was trying to move out. So, they still closed.
I would have never closed if the person was still there, even if the slightest hint of being there.
When I closed, I walked through, went from the house to the office to close, then I drove straight over to the house, dropped some stuff, changed the two entry door locks out for my own.
I know the contracts I use typically say that the property shall be delivered unoccupied and in broom clean condition but I have no idea what CA contracts say.
Not part of standard AZ contracts. I had to put in my contract when I bought my house in 2019, that the house would be unoccupied on closing day so I could do my final walk-through on COE without being impeded by furniture and stuff. Worked out fine.
I had an experience years ago when I bought a house to use as a rental. The seller was out by COE but left a junk car in the yard. Long before cell phones so I had to go home and call his realtor and tell her I wasn't closing until the car was gone. She squealed like a stuck pig amidst the promises and cajoling. I stood firm. Later that morning she called that the car was removed. I drove back to the house and, yeah, it was removed from the yard, but just pushed onto the street in front of the house. I called again. No close unless it's gone gone. I guess it got towed to a junk yard. It was finally gone by the afternoon and I was able to close.
You have lots of leverage, before you sign, at COE if something isn't right.
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