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Last thing anyone wants to do after buying a house is deal with evictions, not to mention what someone might do to a property before the eviction goes through. The contract failure at that point is STILL the seller's failure as they have not vacated / made it so it is possible for occupancy at closing.
Last thing anyone wants to do after buying a house is deal with evictions, not to mention what someone might do to a property before the eviction goes through. The contract failure at that point is STILL the seller's failure as they have not vacated / made it so it is possible for occupancy at closing.
And you copied my last post word-for-word because? I'm confused....
You're not paying attention. This has nothing to do with not wanting to close with someone in the house. As the buyer, who does not own the house, she can't do anything except not close. If she doesn't close on time, she is in default of the contract and will probably lose her earnest money as she didn't show up and do what the contract says. If she defaults the contract by not closing, she has no say in getting the seller out, and she'll be out of contract with no extension to close because at that point, why would the seller want to work with her amicably?
Her only recourse is to move forward with the contract, not default it, and become the owner, to which she would then evict. No court can evict someone from a house with instructions from someone who doesn't own the property.
Oh...I've been paying attention. You're just giving very bad advice. (Sorry to have to be so blunt.)
The best way to deal with a problem is to avoid getting into one in the first place. There is no way someone should close when they can make sure the occupant is out before closing! And when someone is ready, willing and able to close on time, they are not the one defaulting on the contract. They can even execute all of their portion of the contract and have the money held in escrow.
I remember bc our Sellers wanted a few extra days and had to spell it out.
I am so glad that your friend lives in Texas, rather than, say, California. I have a friend in California who has been going to court for over 3 years to get rid of a squatter. Texas is probably the easiest.
I am so glad that your friend lives in Texas, rather than, say, California. I have a friend in California who has been going to court for over 3 years to get rid of a squatter. Texas is probably the easiest.
Something is badly wrong with your friend in CA. No where in CA does it take three years to evict a squatter unless the squatter has some tie to the title.
We bought a home once where the two older ladies would not move out. First they were looking for the right place, then they were in a fuss with an ex-husband....
After several weeks of this, I said that unfortunately, we could not continue to live in the hotel and pay to store our stuff so we would be moving in on Monday and moving their things out.
We bought a home once where the two older ladies would not move out. First they were looking for the right place, then they were in a fuss with an ex-husband....
After several weeks of this, I said that unfortunately, we could not continue to live in the hotel and pay to store our stuff so we would be moving in on Monday and moving their things out.
We showed up Monday and they were gone.
A good solution if it works. Just what would you have done if they had still been there on Monday? Don't kid yourself...they have the legality on their side.
Payments from significant sums held in escrow are a good way. But generally better to get it emptied before close.
A good solution if it works. Just what would you have done if they had still been there on Monday? Don't kid yourself...they have the legality on their side.
Payments from significant sums held in escrow are a good way. But generally better to get it emptied before close.
This was the first home we bought 40 years ago.
I full intended to move in. I don't think I would have kicked the old ladies to the curb, but I definitely would have piled their stuff there.
The law may say I couldn't kick them out, but pitching their stuff out is a whole nether matter.
I full intended to move in. I don't think I would have kicked the old ladies to the curb, but I definitely would have piled their stuff there.
The law may say I couldn't kick them out, but pitching their stuff out is a whole nether matter.
You would likely get arrested in most places and would lose very badly in court when they sued you for all the stuff they claimed you damaged or was damaged as a result of your actions.
You and others need to learn you cannot do that sort of stuff without big risk. And if it gets to court you are virtually certain to get clobbered. You cannot change locks, or move stuff out, or cut off utiliities or harrass the squatters. You have to go through the eviction process.
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