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My friend is going through this right now . The seller will not get out of the sold house . This guy somehow was thinking that he had 30 days after closing to get out of the house and that was not what he was told . My friend made it very clear she wanted possession of the home at closing , yes keys and all . My friend and re agent did a walk through and noticed the guy was not out at all no boxes anywhere , no signs of moving at all .So she told her re agent there would be no closing until this guy was out and now she is stuck because she cannot move forward with anything until this guy is out .I told her that maybe his re agent had not made that issue about immediate possession clear to him or maybe she had and he just ignored it . Now she has gotten herself into a real pickle and I told her to get a real estate attorney just to see what her options are . did I give her the right advise ? should she see a real estate attorney ? . My home buying is on without a hitch and after seeing this mess I'm grateful .
My friend is going through this right now . The seller will not get out of the sold house . This guy somehow was thinking that he had 30 days after closing to get out of the house and that was not what he was told . My friend made it very clear she wanted possession of the home at closing , yes keys and all . My friend and re agent did a walk through and noticed the guy was not out at all no boxes anywhere , no signs of moving at all .So she told her re agent there would be no closing until this guy was out and now she is stuck because she cannot move forward with anything until this guy is out .I told her that maybe his re agent had not made that issue about immediate possession clear to him or maybe she had and he just ignored it . Now she has gotten herself into a real pickle and I told her to get a real estate attorney just to see what her options are . did I give her the right advise ? should she see a real estate attorney ? . My home buying is on without a hitch and after seeing this mess I'm grateful .
She "made it clear" that she wanted possession, but what does the contract say???
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Unless the agent is incompetent, the date to vacate will be in the contract, and also a daily charge if they are not out in time. That amount should be high enough to motivate them to get out faster. She doesn't need an attorney yet, she needs to read the contract.
What does the contract say? Unless it says he has X amount of days to stay in the house, the seller has to be gone. I would tell the buyer to call the cops.
Read the contract. If the buyer doesn't sign her docs to close on the sale, she might default the contract and all this will be moot. She has no leg to stand on to make sure he's out at closing because it's still not her house at that point. Once he's not out at FUNDING, then she's got a case because she then owns the house. She would have to evict him just like any squatter or tenant who does not get out of a property when they are supposed.
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