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Tell agent to advise their agent that you will not close until house is vacant and you can do a walk thru the morning of closing to be sure item that conveyed was left, and house is broom clean.
Tell agent to advise their agent that you will not close until house is vacant and you can do a walk thru the morning of closing to be sure item that conveyed was left, and house is broom clean.
The sellers WANT the buyer to walk away - that's clearly what this is about. They want the buyer to be the one who breaches so that they get to keep the deposit and not face any repercussion for their own breach of contract. This would be music to their ears, and just confirm what they plan to do in order to get the buyer to be the one who doesn't agree to close.
The sellers WANT the buyer to walk away - that's clearly what this is about. They want the buyer to be the one who breaches so that they get to keep the deposit and not face any repercussion for their own breach of contract. This would be music to their ears, and just confirm what they plan to do in order to get the buyer to be the one who doesn't agree to close.
This is not fully correct. If the seller does not leave an item agreed to in the contract or does not move out by the date specified in the contract, the seller is in breach of contract. The buyer has the right not to close on the property because of that breach.
Given that the OP said this is a divorce situation, it's possible one of them doesn't want to close. The seller won't be getting any money in this case though.
This is not fully correct. If the seller does not leave an item agreed to in the contract or does not move out by the date specified in the contract, the seller is in breach of contract. The buyer has the right not to close on the property because of that breach.
Given that the OP said this is a divorce situation, it's possible one of them doesn't want to close. The seller won't be getting any money in this case though.
Yes, I am aware that the seller is breaching. But if they can get the buyer to walk away and breach first, then they are in a better position to avoid paying any damages.
This is why the OP needs an attorney - to know exactly how to handle it protect their own interests.
We don't intend closing until we are assured of occupancy. We will only do the walk thru before closing after the sellers effects have been moved. So a rent back arrangement is out of the question.
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You better make sure your contract allows you to delay closing for this, else you could be in breach of contract.
I knew sellers near Tampa that decided they didn't want to sell after there was already a contract in-place for them to sell. They waited for an opportunity for the buyers to breach the contract so they could get out of selling. The buyers were supposed the wire the funds for closing and closing was supposed to occur at or before a specific date. The buyers started the wiring of the funds a tad too late and the funds didn't come in by the closing date(although they were due the next date). The sellers successfully got out of selling the house because the buyers breached by not being ready with the wired funds by closing date. Attorneys looked into it and the sellers successfully got out of the contract due to buyer's breach.
You better make sure your contract allows you to delay closing for this, else you could be in breach of contract.
At this point, we are making sure that everything we do is in compliance with the contract.
The contract specifically states that at the time of closing, the Seller is required to provide the house vacant and with all possessions removed from the property.
How far is the closing location from the property? I would go by the property as close to closing as possible then if the property is not vacated I would (if possible) have a trusted friend/relative/associate sit outside the property while I went to closing. Then at closing when I ask at closing if the property is vacated I would be ready for the sellers answer no matter what it is. If they say it is empty I would call my friend and ask if it is empty. If the answer is no I simply look at their agent, my agent, and the closing agent and say 'What do we do now?'
Of course I would already have discussed this with a lawyer to know what my options are to recover damages.
At this point, we are making sure that everything we do is in compliance with the contract.
The contract specifically states that at the time of closing, the Seller is required to provide the house vacant and with all possessions removed from the property.
Maybe schedule the final walk thru for the day before closing and close the next morning. That may lite a fire under them.
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