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Old 07-29-2013, 07:28 PM
 
4 posts, read 11,044 times
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Good info - thanks guys! Our buyer's agent came through and stated that if there's anyone still living in the house at close, we won't be signing/closing. I think that's the best we can do. Thanks again!
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Old 07-29-2013, 08:29 PM
 
Location: Berkeley Neighborhood, Denver, CO USA
17,717 posts, read 29,878,333 times
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Default And, you are an expert...

Quote:
Originally Posted by Rakin View Post
Pretty broad statement for an entire state.
on Colorado real estate.
Texas!
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Old 07-30-2013, 06:40 AM
 
Location: A blue island in the Piedmont
34,116 posts, read 83,097,094 times
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Quote:
Originally Posted by jaguar84 View Post
...and stated that if there's anyone still living in the house at close we won't be signing/closing.
Really? Is that anything even close to the truth?
Will you (can you?) really just turn away at that late stage?

Quote:
I think that's the best we can do.
Well, you *could* dig deeper into what that family is actually doing.
And you certainly should know what they expect to happen and when.
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Old 07-30-2013, 10:40 AM
 
5,046 posts, read 9,638,728 times
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Quote:
Originally Posted by 2bindenver View Post
Well, it's my policy not to comment on issues buyer's & seller's have in specific transactions in Colorado, because I do not want to been seen as interfering with someone else's deal.

It used to be typical to give sellers 1-3 days after closing to move & clean. Not anymore. We have a post occupancy agreement now.

When I started in 1989 it was typical to give sellers the rest of the month possession in Pueblo. Mostly due to Sellers paying on their FHA loan until the end of the month.

In a relo deal - the buyer is at the mercy of whatever the relo company wants or does not want.

It is not "typical" for the seller in a relo deal to retain possession when their job has forced a relocation.

And, I do have lots of stories about Sellers retaining possession after closing for various reasons. A widow couldn't bear to leave the family home. The seller's movers failed to show up. The title company folded before the seller's loan was paid off and proceeds never wired. When I sold my house there was no penalty for retaining possession, as written in the contract by the buyer's agent. I stayed a week.
Relo companies can be a real pain. And for all the many stories of good settlements, it just takes one to color everyone aftewards for a person.
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Old 07-30-2013, 10:41 AM
 
5,046 posts, read 9,638,728 times
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Quote:
Originally Posted by jaguar84 View Post
Good info - thanks guys! Our buyer's agent came through and stated that if there's anyone still living in the house at close, we won't be signing/closing. I think that's the best we can do. Thanks again!
Verbal doesn't really hold great weight. Although it can warn one that you will be inexplicably delayed to closing or suddenly very ill.
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Old 07-30-2013, 10:42 AM
 
5,046 posts, read 9,638,728 times
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Can you not make a counter offer on that?
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Old 07-30-2013, 02:51 PM
 
Location: Denver & Boulder regions
166 posts, read 412,316 times
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Quote:
Originally Posted by jaguar84 View Post
Good info - thanks guys! Our buyer's agent came through and stated that if there's anyone still living in the house at close, we won't be signing/closing. I think that's the best we can do. Thanks again!
"If its not in writing then it doesn't exist"

imo be careful about that, address closing/possession as a provision then; because a problem I can see with 'we won't sign' is that it can be seen as you are the initiating party willfully breaching and not closing, esp that the seller will be at the table, even if by proxy or signed their docs ahead of time.
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Old 07-30-2013, 04:00 PM
 
Location: DFW
40,955 posts, read 49,266,920 times
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Quote:
Originally Posted by jaguar84 View Post
Good info - thanks guys! Our buyer's agent came through and stated that if there's anyone still living in the house at close, we won't be signing/closing. I think that's the best we can do. Thanks again!
That's the way it works in most places. Just let them know you'll be doing a last minute walk through when the house is vacant right before you go to closing.
Let them know If the house is not vacant it could cause you not to close. They will not want that.

Let it be known, When the loan is funded it's your house and that's when you'll want possession to start moving in.
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Old 07-30-2013, 04:53 PM
 
Location: Just south of Denver since 1989
11,834 posts, read 34,470,294 times
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Colorado is a wet state - meaning good funds have to be present or there is no closing.
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Old 07-30-2013, 09:32 PM
 
Location: NJ
17,573 posts, read 46,182,905 times
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Do most contracts have this clause? I don't remember any of mine having any kind of penalty per day for not delivering the property.
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