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In Texas, you'd need to start eviction proceedings ASAP.
Can you do a walk through the morning of closing? If they show no signs of being out the door, do not close or delay funding till you're sure they're gone.
I'm with you, dont close unless it looks like the sellers have moved. Once you take possession, then they become tenants, or squatters in this instance.
Good job, Capt Bill! You're a credit to our profession. I'm so happy everything worked out for your buyer - not a little of that had to do with you doing a great job of keeping on top of things and going "beyond the call of duty"!
Originally Posted by Rakin In Texas, you'd need to start eviction proceedings ASAP.
Can you do a walk through the morning of closing? If they show no signs of being out the door, do not close or delay funding till you're sure they're gone.
That's a good question. You can schedule a walk through when it's convenient and the seller has to provide reasonable access.
However, delaying the close can have some unwanted consequences. Both parties must agree to the extended close, and if one doesn't, then the escrow officer must close. At any rate it could open up a can of worms and especially when you're dealing with a bank on a REO or Short Sale.
If you don't fund and close, then you could be in breach of the contract, and as long as the escrow hasn't closed the seller has the right to be in the property. It's sort of a catch 22.
I am dealing with the same issue in California, with my client. Thank you all for your suggestions. I have contacted a local attorney regarding this matter, who indicated the Buyer must inform the Seller/Occupant of their daily expenses upon COE should the Seller/Occupant NOT vacate according to the agreement. In other words, you must in form the dirt bag of the costs the Buyer is going to incur and then add to the Unlawful Detainer costs, in order to have the right to include these costs in your claim. Either way the Eviction runs $600.00 and is a minimum 45 days. I think I am show up with a moving truck free of charge at COE (Cheaper then and Eviction). I will look into the Forcible Entry of California. Worst part is, the Seller's Agent get's paid and has no motivation to help coerce the Seller out.
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Kudos to Captain Bill!
You're a credit to our profession. I'm so happy everything worked out for your buyer - not a little of that had to do with you doing a great job of keeping on top of things and going "beyond the call of duty"!
