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We are closing on our new home next week. We will do a walk thru the morning of the closing. We assumes that we were doing this with the house vacant. Evidently our seller's mover cannot come until 1 pm, after the closing. I smell something fishy. Does anyone know the law on this? What if after the closing, her movers damage something removing her things? What recourse do we have then?
I thought that as of the closing the house is yours. Did you agree to let her leave her stuff? Are you charging her rent? I know it sounds silly, but it sounds like she is taking advantage of you.
Usually in Wake County, the sellers move out before closing. Buyers and their agent do a final walk through right before closing, while the house is empty. Then they head over to closing, since they know the house is in the same shape as they expected.
There is a document to protect the buyers if they have agreed to allow the sellers to remain there after closing but it sounds like the sellers' movers are running late and they did not plan accordingly.
Keep in mind, once you close, the house is yours. Perhaps the best idea is to move closing to the next day, based on what you are telling us.
Hmmm, I'm young and not really experienced (wife and I just bought only our second house north of Durham, having just sold our first-ever home in FL), but I would think that you/your realtor might move the closing to the next day, or move it back a few days to let the seller properly move out. I have never heard of closing before the seller has moved out. Sounds very weird to me.
Try to delay it to just that afternoon if possible.... but if the movers get there at 1 PM and there is a lot of items it might take them all day. Just ask for a 1 day extension, as long as your rate lock is okay with the lender I do not see why all the parties would be opposed to a 1 day delay under those circumstances.
Usually in Wake County, the sellers move out before closing. Buyers and their agent do a final walk through right before closing, while the house is empty. Then they head over to closing, since they know the house is in the same shape as they expected.
There is a document to protect the buyers if they have agreed to allow the sellers to remain there after closing but it sounds like the sellers' movers are running late and they did not plan accordingly.
Keep in mind, once you close, the house is yours. Perhaps the best idea is to move closing to the next day, based on what you are telling us.
Vicki
We had already agreed to moving the closing to another day but she needs the money by the end of the month for the house she is buying. She wants her cake and eat it too evidently. I'm only concerned that if anything should happen with her movers doing damage or with her not being able to leave, that we will have no recourse. Don't we by law take posssession at the closing?
We had already agreed to moving the closing to another day but she needs the money by the end of the month for the house she is buying. She wants her cake and eat it too evidently. I'm only concerned that if anything should happen with her movers doing damage or with her not being able to leave, that we will have no recourse. Don't we by law take posssession at the closing?
Sounds like you hold the cards. Personally, I would delay the closing a day. If the seller wants to close on the original date then she/he should either get her/his mover there before the closing day... OR the seller can have her belonging temporarily moved to into storeage prior to closing. And then her movers can pick her stuff up from storage.
As a buyer I see no advantage to you doing the walk through with her stuff there. The movers could damage something or the movers could put something on the truck that was suppose to stay with the house... like an appliance.
Our second home we purchased (it was a FSBO.... will NEVER do that again).... the sellers were not out by closing. We were nice and gave them extra time. They trashed the carpet and dinged the walls in several places (a very heavy treadmill gashed the wall on the stairs). If we had seen this prior to closing we would have asked that the carpets be cleaned to the level that they were when we saw the house and that the ways be repaired. They also did not fix the items that we asked to be addressed in the home inspection. But since we did not get a walk thru until after closing we had no recourse. Never again will I make that mistake.
We had already agreed to moving the closing to another day but she needs the money by the end of the month for the house she is buying. She wants her cake and eat it too evidently. I'm only concerned that if anything should happen with her movers doing damage or with her not being able to leave, that we will have no recourse. Don't we by law take posssession at the closing?
Perhaps you can close on schedule, before the sellers move out, but have the attorney hold money in escrow with a letter stating that you will inspect the home once the sellers have moved out and will refund all monies to the sellers as long as the home is ready for you to move in. I've done this before and attorneys know how to word it and how to put in time limits with "time is of the essence".
Vicki
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NC RE question-
