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I can see where this could happen. I sold my house and the day after it was sold, which was a Friday, my realtor came to me and said I had the weekend to move out. The problem was, I wasn't told the house had sold until Friday.
But hold on, what were the terms of the sale? That's not up to the RE agency, they can act as an agent on your behalf but terms and contingencies are defined by you, the owner of the property. From NOLO:
A “listing agreement” is a contract between a real estate agent (the listing agent) and a seller that says that the agent has the right to list (advertise and handle the sale of) your house. It’s important to understand the terms of the agreement, because you’ll be bound by them. And while a listing agreement is good for the agent, because it obligates you to work with the agent for at least a minimum amount of time, it also protects you, the seller, by explaining the agent’s responsibilities and what you can do if he or she doesn’t meet them.
rodentraiser, even if you signed all of the paperwork in advance it would appear that there had to have been a closing date set to have the correct information in that paperwork. For example, if you signed paperwork June 1st it would only list the prorated property taxes until that date, so if the actual closing took place on July 1st, the paperwork would be off by a month's worth of taxes.
And, if you had the house on the market and a signed offer to purchase, you must have had a strong indication that you would need to move out soon.
(unless I am completely missing something in your post).
In general escrow simply adopts the financials to the date actually closed. The need no further signatures to do so. You agree to that in the escrow instructions.
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Originally Posted by snowtired14
But hold on, what were the terms of the sale? That's not up to the RE agency, they can act as an agent on your behalf but terms and contingencies are defined by you, the owner of the property. From NOLO:
A “listing agreement” is a contract between a real estate agent (the listing agent) and a seller that says that the agent has the right to list (advertise and handle the sale of) your house. It’s important to understand the terms of the agreement, because you’ll be bound by them. And while a listing agreement is good for the agent, because it obligates you to work with the agent for at least a minimum amount of time, it also protects you, the seller, by explaining the agent’s responsibilities and what you can do if he or she doesn’t meet them.
That is not the sales contract which is what actually governs a sale. The listing agrement is between the seller and the listing agent. The sales contract is between buyer and seller and sets the terms and conditions for the sale.
In general escrow simply adopts the financials to the date actually closed. The need no further signatures to do so. You agree to that in the escrow instructions.
That is not the sales contract which is what actually governs a sale. The listing agrement is between the seller and the listing agent. The sales contract is between buyer and seller and sets the terms and conditions for the sale.
But still, that can't be done without the sellers knowledge. Right? In my experience, listing two sales, we put terms in the listing agreement so that the agent didn't misrepresent us. In our case we were asking for 30 days from offer to closing. But of course it was negotiable.
I probably would not have been so nice. I would have called the police for trespassing.
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Originally Posted by CapnTrips
Given your experience in RE, you don't know that this is a civil matter and the police would have told you politely to go pound sand?
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Originally Posted by blueherons
Because of the massive amount of foreclosures we had, South Florida had a real problem with squatters.
For a while, there were so many squatters here in South Florida, I was told to call the police if anyone was in an empty home I was showing. My coworkers have horror stories.
To this day, I will not show an empty home by myself. In fact, the school where I got my license encouraged us to get a concealed permit license and carry a gun.
Yes, the police will physically remove you here.
Don't forget, South Florida is a whole different country than the rest of the US.
Your comments on this subject are beyond ridiculous. While the police will arrest squatters as trespassers, they will take no action whatsoever if there is any type of contractual relationship between the parties. As a real estate agent, I would hope that you could differentiate between the two scenarios.
Your suggestion for someone to call the police in this instance is laughable.
we seem to be having problems with reality. In fact what one does is you do not close until the selller is out. RE 101. Nope, legally the home is closed when money changes hands. You are literally, figuratively, and legally wrong.
On rare occasion some nice buyer may give a few days or even a few weeks to a seller to get out. Happens when buyer needs it closed but does not need immediate occupancy. Normally a rent is agreed to and a time frame. Plenty of times a day or 3 is given, though it's not the norm. Usually I only see rent charged for anything more extended, usually at least a week.
When that period ends you are in the classical situation of a lease expiring. What you then have is the classical renter overstaying his lease. And you go to Justice court, get an eviction and throw him out.
The "Occupancy After Closing" does not create a landlord-tenant relationship and is only valid for up to 30 days. Anything more than that requires a lease. With no lease in place and no tenant rights it may actually be trespassing. Perhaps Mark or one of the other board attorneys could weigh in on it?
This is simply a short form of that process.
And again no competent agent would let it get to that stage. What's it got to do with the agent? The seller knew and chose not to move or even be prepared to move even though the agent told her no.
You don't know anything about real estate so please don't try to advise people. Literally everything you said is wrong.
Everything the OP said revolves around her. What if that buyer was homeless and staying in a hotel because the seller didn't honor the agreement?
When your house closed, the house was no longer yours. The norm in my area is that sellers have to be out of the house THAT DAY of closing. You give the keys over at closing.
You got a 3 day extension, it sounds like. You are very lucky, and that was very nice of the buyers to allow that. So you're upset that they didn't give you another 3 days on demand by you?
You told he realtor get out of "my house," when the house was not yours any longer.
I don't see you have anything to complain about, except that the realtor didn't stress to you that you MUST be out after the 3 day extension. But you should have known that, anyway. The closing officer handling the loan emailed everyone, I'm sure, and told them what would happen at the closing (give the keys, everyone signs the deed transfer and other documents, etc.).
I don't know why you hadn't rec'd your money yet. Maybe the lender/title co. was holding it until you were out of the house. But that is not the seller's fault. You should have talked to the lender/title co. to ask when exactly you'd be receiving the funds.
You can't expect everyone to be put on hold because of your new house not being ready. That's not the way it works. I left day of closing, leaving belongings behind that I simply didn't have time to pack. I was alone, packing & moving a 3 bedroom house. I simply couldn't handle it.
Things always get stolen and broken when moving, sad to say.
Why not? Didn't you go to the title company to pick up your check once your house sale closed? Were they supposed to wire it?
Knowing your move was imminent, you had not yet even started packing, called a moving company, etc.? You were "shocked" that the new owners thought they had some sort of right to take possession of their property?
You had a temper tantrum at your real estate agent and now think she is responsible for your moving expenses?
You don't sound like an adult who has owned real estate.
I suspect the title co./closing officer was holding it until she was out of the house. Otherwise, they could end up paying all that money and be stuck w/someone who wouldn't get out of the house. You normally hand over the keys @ closing and verify you've moved out. I did....and received the money electronically by that evening, presumably after the agents or new owner went by to verify I was out.
Nope, legally the home is closed when money changes hands. You are literally, figuratively, and legally wrong.
Nonsense. The seller must provide marketable title to the buyer. Practically escrow may have the funds in escrow well before a close. No close until escrow has the documents needed for a marketable title.
And in some contracts closure does not occur until the new deed is recorded. Which can well be a day after all others things are complete.
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Plenty of times a day or 3 is given, though it's not the norm. Usually I only see rent charged for anything more extended, usually at least a week.
Not in our market. Have not seen a single one in the last ten years and a couple of hundred transactions. Lots of delayed closings - perhaps 15% or so but no extended occupancy. I expect you may be dealing with a local custom.
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The "Occupancy After Closing" does not create a landlord-tenant relationship and is only valid for up to 30 days. Anything more than that requires a lease. With no lease in place and no tenant rights it may actually be trespassing. Perhaps Mark or one of the other board attorneys could weigh in on it?
You appear to lead a sheltered life. There are three distinct options here depending on the circumstance. You can simply set a specific date for occupancy in the contract. You can use an Occupancy after Close or you can use a lease. The circumstances dictate the close. Any of these overstayed will still require an eviction order to get the ox-seller out.
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. What's it got to do with the agent? The seller knew and chose not to move or even be prepared to move even though the agent told her no.
What was stated was that the agent declined to ask for a new extension. The nature of that refusal is not in the record. ;She obviously did not advice the client that it was time to leave.
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You don't know anything about real estate so please don't try to advise people. Literally everything you said is wrong.
Everything the OP said revolves around her. What if that buyer was homeless and staying in a hotel because the seller didn't honor the agreement?
It would appear I know somewhat more about RE than you.
And the seller's failure to properly vacate lies mostly at the feet of her agent that failed to properly explain the situation. Again I would note that if seller had wished to play hardball she could easily have stayed another couple of days.
In post 14 she told the agent to ask for more time and she was told no. Further, we see that at some point the OP told the agent to leave. It is clear that the OP did not like what the agent had to say. Her comments alone show that she is in the wrong. You keep making assertions that the agent may not have said or done enough, yet you have no idea as to what the agent said or didn't say. Instead, the evidence presented here suggests the OP just didn't like what the agent had to say since it wasn't what she wanted.
In the end, the only real victims here are the buyers of the OP's house.
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