Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Buyer said let sellers sue him for moving into his house,
Exactly. If you sit around and wait the the courts to take care of you then you will be waiting awhile and suffering damages. Put the burden on the other (wrong) party.
I had a situation of a man and his wife who were living in my father's home rent free when he moved out. My father died less than a year later and they did not want to have to move out. We needed them out since we were trying to sell the property and they had no contract with my Dad, only a verbal agreement.
We gave them almost a month to vacate the premise (long before the Covid pandemic). We wanted to do the very things you suggested and a close friend who was an active cop warned us not to do so. There is a process to remove squatters and it doesn't usually favor the homeowner or make it easy in many states.
Cash for keys is usually the best way. It has worked for me.
Nor would they likely enforce one on buyer if they just moved in. Which is why it is much better for buyer to just take action and put the burden on seller to do something about it. Show up with movers and locksmiths and private security and move your stuff in and their stuff out. Let them cry to the courts and police.
That's what I was thinking. The property is legally theirs. They could remove the front door and just walk in. They can invite whomever and do whatever they want while in there. They could make the seller really uncomfortable.
Honestly, the wife could go water the lawn again and have someone with a video camera standing across the street. When the seller comes out to physically stop her from watering, that could be legally assault. Call the people have him arrested for assault and trespassing. Evidence captured on video. While he's in police custody, go in to change locks and move his stuff out.
That's what I was thinking. The property is legally theirs. They could remove the front door and just walk in. They can invite whomever and do whatever they want while in there. They could make the seller really uncomfortable.
Honestly, the wife could go water the lawn again and have someone with a video camera standing across the street. When the seller comes out to physically stop her from watering, that could be legally assault. Call the people have him arrested for assault and trespassing. Evidence captured on video. While he's in police custody, go in to change locks and move his stuff out.
Exactly this. The New Owner has to be smarter than the Old Owner, and that means getting the Law on his side, which is why he needs to make himself out to be the victim in any kind of physical confrontation. I'd advise keeping the wife out of it, and showing up in (discreet) body armor to water the lawn himself, with a couple of off-duty cops or similar helping him reel the hose in and out. That way, when the SWAT team arrives, they aren't shooting at the New Owner. It's a really, really, bad idea to threaten cops with weapons, let alone start firing them. Now, this is not without risk, far from it. Old Owner may definitely feel like the "victim" here, rightly or wrongly, and may decide to fill the house up with natural gas before lighting a cigarette ('If I can't have her, NOBODY will" mentality).
Note that even if the New Owner was trying to "steal" the house by buying it cheap from distressed and encumbered Old Owner, he is still in the moral right, and deserves to receive the property he paid for in a legal transaction. Old Owner is in the wrong here, and needs to be evicted ASAP, by the Sherriff if necessary, no matter how sorry his story. Do we live in a country of laws, or do we not?
Not if you’re in NYC, you get tenant rights after 30 days and evicting a tenant takes at least a year even without all the COVID-related communisms.
Quote:
Originally Posted by sheerbliss
You have to occupy an abandoned piece of real estate for several years to claim adverse possession. In some states, you also have to pay property taxes (which the seller hadn't even been doing). This is just plain old trespassing.
I'm not a lawyer, but it doesn't look like a situation like this is covered by the CDC moratorium on evictions, which comes with lots of conditions and does allow certain evictions--it's probably a California thing, where they've outstupided everybody with the "strongest eviction protections in the nation."
Old Owner may definitely feel like the "victim" here, rightly or wrongly, and may decide to fill the house up with natural gas before lighting a cigarette ('If I can't have her, NOBODY will" mentality).
New owner gets the old owner out of the house immediately and gets the house rebuilt even nicer with the insurance money.
Not if you’re in NYC, you get tenant rights after 30 days and evicting a tenant takes at least a year even without all the COVID-related communisms.
Which is why the longer the new owners pizz around hoping the government or the media will save them, the deeper hole they dig for themselves. They don't seem to have acted very smart so far or had any decent advice so I predict they will make further mistakes. The old owner knows how to play the system. He may try to offer the new owners some money to compensate them and if they take it, boom... landlord/tenant relationship has been established.
While I feel for the buyers, this. Ain't no way I'm gonna trust anyone in a situation like this.
Had one unusual case where tenant passed but adult children stayed...
Did a modified cash for keys... they had no place to move belongings so I paid for a storage and truck rental and offered cash on the spot if out by Sunday...
It worked...
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
