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We are located in Tampa and have a ratified contract to purchase a house here.
It now turns out that the sellers may not vacate the house by the scheduled date of close which would leave us in a bind. We have not been told this specifically but there have been hints about this possibility. This may happen because of a personal situation between the sellers who are going through a divorce/separation.
In the meantime, we have to vacate our rental just after the date for closing on the purchase which would leave us without a place to live and having to put our furniture and personal effects into storage.
I am sure this is not the first time such a situation has occurred and my question is what are the remedies available to us in this situation in terms of the additional expense we will incur.
Is there anything we can do to safeguard our interests? The seller has already breached the contract with regard to something that was supposed to convey with the house which they now they have decided unilaterally they will not leave.
What does your agent say? If there was something that contractually was to convey that is now not s/he should have been in communication with the selling agent already.
First, read your contract to see what it says about Seller's Breach. Personally, I'd suggest you tell them you will not close unless the house is vacated and empty on the day of the closing but I expect that is exactly what one of them wants. If you don't already have a real estate attorney, it's probably time to get one. It may only take a threat of a lawsuit to get them to wise up but maybe not. I'd sure as heck want to know, if I were you, if you can make them responsible for inspection costs, storage costs, temporary housing, etc.
What does your agent say? If there was something that contractually was to convey that is now not s/he should have been in communication with the selling agent already.
Yes, my agent was in communication with the selling agent who informed my agent of the seller's decision. The sellers agent said the sellers had "changed their mind" and were not going to leave the item. The agent told them they would be in breach of contract but they seemed indifferent. My agent also told them that they would be in breach.
We were told we could either sue the sellers after the close or void the contract and get our money back - except that we have already gone through various expenses relating to the purchase so that is not an attractive option. It is also the reason why we are somewhat concerned about the hints that they may not close on the scheduled date.
What does your agent say? If there was something that contractually was to convey that is now not s/he should have been in communication with the selling agent already.
All an agent can say is that the buyer should consult with an attorney because now the matter is a legal one, not a real estate one. I know it seems like a cop out but the attorneys write the laws and agents have to live by them.
Contact a lawyer. Sometimes a firmly worded letter, including something about vacating and the item, works wonders.
You're option at this point is to not close unless the house is vacant and unless the item remains. It sounds like you don't want to exercise that option. Not much else you can do after the fact of closing.
Yes, my agent was in communication with the selling agent who informed my agent of the seller's decision. The sellers agent said the sellers had "changed their mind" and were not going to leave the item. The agent told them they would be in breach of contract but they seemed indifferent. My agent also told them that they would be in breach.
We were told we could either sue the sellers after the close or void the contract and get our money back - except that we have already gone through various expenses relating to the purchase so that is not an attractive option. It is also the reason why we are somewhat concerned about the hints that they may not close on the scheduled date.
What item??? You said they were not likely to vacate...
What item??? You said they were not likely to vacate...
The specific item has a value of about $2K. The contract categorically states it will convey.
They have not definitively said they will be out of the house by the closing date but there have been hints to that effect.
One of our concerns is whether we have any redress if the Seller does not vacate in time and we end up incurring additional costs because of their failure to vacate. The contract states that default by the Seller will cause any claim for damages to be resolved through arbitration or through the courts.
I had a buyer purchasing a home with a nasty divorce. We went ahead and closed knowing that one of the sellers (husband) wasn't going to be out on time. They purchased locks and changed them when they were entitled to possession. In this case, there was a huge RV pad next to the house so we (yes I helped) them move the stuff that was left onto the RV pad. We would have just moved everything into the garage otherwise. We told the sellers to come get what they wanted and we would take the rest to the dump for them.
In Oregon, there are no landlord-tenant rights that go along with home purchases though. There is no requirement to save the seller's stuff and store it for so many days, etc. That might be different in your state. So what you can and can't do might differ. It has been my experience that what divorcing couples will do to each other is different than what they will do to perfect strangers. We listened to the husband's story, and moved it all anyway.
They sound very untrustworthy. I wouldn't close until they vacate. The other option is to close with the provision that they sign a rental agreement with you for a specified period of time, but that could be risky from the sound of things. It's probably time to get legal advise.
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