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I call baloney on not having a real estate attorney. We have bought & sold dozens of properties. The only time it was disasterously expensive bad deal was the one time we hurried ip & signed contract without our real estate attorney's involvement.
I've worked as the office manager in a real estate office for 15+ years. In all that time, and thousands of transactions, I would say MAYBE 1% use an attorney here. Usually only transactions that involve an estate or trust, or in commercial deals. Not always even then.
Just read everything Mike said, and review your contract for the correct legal answer to what to do about a tenant.
People tend to get all worked over non-issues.
OP, The best advice so far in this thread is the above post. The last time I sold a home the contract was 64 pages long. The answers to everything are in your contract. EVERY BUYER should have an attorney go over the contract with them, you in particular because of this situation. So study the contract, and then study it with a real estate attorney.
You should not be communicating with the seller's agent. There is no need to do that for that is the job of your agent. If your agent is not doing his/her job and not giving you satisfactory answers, it is time for you or your attorney to talk to the broker in charge of your agent's office.
I've worked as the office manager in a real estate office for 15+ years. In all that time, and thousands of transactions, I would say MAYBE 1% use an attorney here. Usually only transactions that involve an estate or trust, or in commercial deals. Not always even then.
I have bought and sold a few homes in a state where it's customary to use a lawyer. The state I recently moved to it's not and it was a purchase from a new home builder so I didn't use an attorney. With that said, in the circumstance (since the son does not want to move) I would most definitely pay the $400 and use a real estate attorney. I would not close until I could walk through the home before closing to see that it was vacant and in the condition I agreed upon.
It's only February. The closing date is in March, so why are you worried that the owners son may not be out in time? He's got until March to get out.
Am I missing something?
Yes, the fact that the son was giving his mother a hard time for selling because he's her tenant. He doesn't want to move. If the tenant doesn't move and the OP goes through the sale he will have to go to court to evict him. The OP should be concerned.
OP, The best advice so far in this thread is the above post. The last time I sold a home the contract was 64 pages long. The answers to everything are in your contract. EVERY BUYER should have an attorney go over the contract with them, you in particular because of this situation. So study the contract, and then study it with a real estate attorney.
You should not be communicating with the seller's agent. There is no need to do that for that is the job of your agent. If your agent is not doing his/her job and not giving you satisfactory answers, it is time for you or your attorney to talk to the broker in charge of your agent's office.
Good luck.
Next time, you should pick a better contract to use. There is no way that a simple house sale should have a contract 64 pages long! That only keeps lawyers unnecessarily busy.
There will be ANOTHER "dream home" for you out there.
DON'T borrow trouble.
ANYTHING you have to say tot eh seller should be through HER AGENT ONLY, not directly.
Your CONTRACT to buy the house should stipulate the "house be vacated ON THE DAY OF POSSESSION {which may nto be closing day}, and be "BROOM CLEAN".
You can amend the contract for recourse if the house is NOT as is supposed to be on the day of closing/possession.
Our house was empty,and still our agent did a walk-through for us just minutes before closing {and possession} to be SURE it was all as it should be for us to take possession. Things like: appliances still there, no wall damage, carpets still intact.
YOUR AGENT SHOULD BE DOING THE SAME.
AND have a lawyer present and be sure HOUSE IS VACATED AT CLOSING {or possession} and that the lawyer puts in language of recourse {to back out of the deal last minute} if possession is not until AFTER clsoing, and is not vacated at possession.
DO NOT LET SON STAY THERE one minute more than your possession, otherwise it can 6,8, months a year to EVICT him.
I have bought and sold a few homes in a state where it's customary to use a lawyer. The state I recently moved to it's not and it was a purchase from a new home builder so I didn't use an attorney. With that said, in the circumstance (since the son does not want to move) I would most definitely pay the $400 and use a real estate attorney. I would not close until I could walk through the home before closing to see that it was vacant and in the condition I agreed upon.
The OP states they are in North Carolina. North Carolina is an 'attorney state'. All real estate transactions are handled by attorneys. They take over some of the roles that are typical of the title company in most states.
Ok so this situation is getting more bizarre. I won't go into detail because this is a public forum but after this is a done deal, maybe I will come back and elaborate a little more.
Yes I am speaking with seller and I am very careful what it is that I say to her.
Again, I can't go into detail but she has been VERY helpful and is a very nice, sweet lady.
I did speak with her about her son and she had already told him that he needed to be out by the end of the month BEFORE our conversation. He has already started moving as of yesterday so again...maybe I did over react but I just wanted to be sure that there are no problems taking possession of this home at closing. I do agree that this issue is mainly between the son and the seller. As long as the home is vacant for my walk through and at closing then I will proceed. I do not plan on withdrawing my offer.
I am still reading over the thread and there is some really good advice that I'm writing down and plan to go over with my RE agent. Thanks everyone!!!
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