I bought and closed a home. the previous occupants have not moved out yet after 4 days. What is my recourse?

Question

My agent is trying to work with their agent to re-imburse me for the time I'm having to spend in a hotel, pay extra in storage costs, and the cost of them being in a home I am paying the mortgage on. The amount they are figuring does not take into account the personal distress and the time I took off work thinking I was going to be able to move in. I feel like I really got the shaft since the seller led me to believe he would be moved out at closing time. This was also suppose to be the first week of school for my boy which he will now miss. I also canceled the cable install which was suppose to be the day after I moved in. The next available cable install date is not for another two weeks which will leave me without my TV and internet for several days after I do move in. Any ideas on a recourse would be appreciated.

Answer 1

You should not have signed on the dotted line unless the place was vacant or you had a valid use & occupancy signed with an escrow being held for a timely departure.

How did your lawyer let you close this way? Why wasn't the closing rescheduled for after they vacated? Didn't your contract say the place had to be delivered vacant?

You will have to go through the court system to get them out. They are now your tenants.

In the USA, there is no such thing as just locking someone out and having a yard sale with their belongings without serious consequences no matter what fantastic fairy tales people on yahoo try and tell. Doing that will get you sued, arrested or both. Believe me because my office has represented people that have had that happen. One client was locked out over a weekend. She got $7,500 in damages. Another client was locked out for less than an hour. She got $1,000.

Answer 2

Well your agent should have got a lease before closing and that would have not happen. But assuming that the seller purposely didn't disclose that he was planing to stay in the home to no one then there is no lease and the seller is an intruder of private property and can be force to leave and or incarcerated. That would have a dramatic ending.
A lease prior to closing would have avoided all that, also with a lease if the seller decides to stay longer than the expiration it could had been renegotiated forcing them to leave or getting the money that pays for your expenses. At this point sounds like you need to consult an attorney.

Answer 3

Your purchase and sale contract governed (or should have) the surrender date by the seller, the possession date by you and should have clearly spelled both out. If it was to be at closing then they need to get out, you can sue in court for damages and rent as they are now a tenant at sufferance I think is the term (but get an attorney to file it for you).

Too bad that your "new" home purchase is marred by this. If your agent made an honest mistake and failed to address that scenario, they have errors and omissions insurance that will also reimburse you in the even you file successful claim against them for failing to address that issue. Most real estate contracts deal with these very things as it happens from time to time and quality firms are all about reduction of risk while providing quality service.

I'd give them a written demand to vacate within 24 hrs and then serve papers on them for a court appearance. Good Luck!

Answer 4

If you have a notarial sell and buy agreement with the owner of the house which stated completely and clearly all of the rights and obligations for both sides the buyer and the seller,you can sue the seller.whatever your loss caused by unwillingness of the seller to vacant or to empty their house in a right time in line with the agreement.You can calculate it in details.such as lodging expenses,storage cost,interest expenses,your family distress and inconvenieces.The calculate amount should be discuss friendly with the seller.But if it did not work you report to the police the seller's cheating and uncomfortable acts. or you can sue the seller to the state court.

Answer 5

I lived in a rented residing house for six months as quickly as. i got here upon right here: Rotten boiled egg in a kettle Razor blades on incredible of the door surrounds countless creepy Jesus pictures some frozen Yorkshire puddings One pair of tights Dummies down the back of the radiators 0.5 a bike interior the backyard And amazingly the final human beings to stay there have been the vendors who have been renting it to us!!! no longer even like it grow to be a load of scholars or something, then i might comprehend it!

Answer 6

Your closing documents should have included a specific move in date.Forget what they led you to believe, what does it say in writing, signed and witnessed? If they are out of compliance, go to the district attorney, or hire an attorney. One of my friends went with the sheriff and gave the people 24 hours to vacate ( he had nice little legal form to present to them.) The following day he returned with the sheriff and they were physically removed. He went prepared to change the locks on the door and garage immediately. He ended up having a garage sale with their items. Check out the laws in your state on line, or with an attorney. Then do something. I hope you have good title insurance. If they can't be trusted to vacate on time, can you trust them on anything else?

Answer 7

Edward,

Sorry to hear what happened to you. I recommend you get credited your PITI loan from the seller for the number it days it took for them to leave.

Also, be happy it was only 4 days and not more. Your realtor and the other should be able to get you the compesation you need.

Answer 8

Sue for puinitive damages amounting to like 50 grand then offer to settle out of court for like $1000 and them moving out

Answer 9

the real estate agents are the ones who should make this up to you.

You paid the commisions,
they know , the agents on both sides, should pay with their own commisions, to get the jerk seller out of there..
don't let up on them

I AM SORRY FOR YOUR MISERY,, WHAT A TERRIBLE WAY TO BEGIN YOUR LIFE IN YOUR NEW HOME,,

HARRASS, EVERYONE TELL THEM TO GET GOING,,
YOUR HOUSE IS CLOSED, IT IS YOUR HOME NOW.

THE AGENTS, MIGHT HAVE TO KICK IN PART OF LTHE COMMISONS THEY GOT PAID, AND THEY WERE PAID WELL,
BUT THEY BETTER HANDLE IT, OR SUE THEM..

ALSO GO TO THE BOARD OF REALTORS, AND REPORT THEM, THEY HATE THAT

GOOD LUCK