I just bought a house and escrow closed this friday. The 72 hours the seller gets will be due this monday BUT she is not packed or has a place to stay and I haven't been contacted about making a rental agreement, neither has she provided me with a date where she will be. I don't know if my real estate agent is not doing her job well, but she doesn't seem to know either. Please, HELP!!!!!
2007-01-21 08:05:05 · 13 answers · asked by A_O 2 in Business & Finance ➔ Renting & Real Estate
This situation reeks of agent incompetence, as key pointed out your between a rock and a hard spot temporarily. You should have had a pre escrow walk through and not have signed until the place was vacant and broom clean. One can make that a condition of their offer yet yours wasnt. Your agent has no excuse for not knowing, being ignorant of the law is never excusable grounds for incompetent service. Your agent should have written in a condition just prior to closing if needed to address possession and closing. I would demand that the agents broker pay my per diem interest and a hotel room plus storage and moving expenses until they get your place emptied for you. They made a commission based upon them being in real estate, this is a real estate related issue from their own workings, your deal isnt done yet, make them make this right. A call from your attorney should get them off their rears.
2007-01-24 05:10:49 · answer #1 · answered by Kevin H 4 · 0⤊ 0⤋
What state are you in that the seller "gets 72 hours" ? If in fact that's really the case.....
In Texas, most deals end with possession at closing and funding (closing is when the big stack of papers gets signed, funding is when the money clears - could be that day, could be the next). Some deals do end with a sellers temporary lease after closing, I try not to do this for the very reason you write. Once you do have a tenant in your house who isn't leaving, you do need to evict them. This could take three months.
If the problem is that the seller didn't make any money on the sale, you might offer a couple hundred dollars to help her on her way. That would probably cost less than an eviction.
2007-01-21 09:12:20 · answer #2 · answered by teran_realtor 7 · 0⤊ 0⤋
The police aren't going to help you. And if you toss her or her stuff out, you will get sued.
You should not have closed unless the property was vacant.
Didn't your contract say that the property had to be delivered vacant?
If it wasn't vacant, why didn't you insist on a U&O agreement or an escrow that would be refunded when she vacated?
All of this should have been settled at the time of closing, and you should have refused to close if it wasn't.
Now you have a tenant on your hands, and have to go through the legal process of evicting them.
2007-01-21 13:00:25 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
I had a friend that sold a house once with a tenant in it. The title company did Not allow it to close until the house was vacant. The buyer must be able to take possession of the property. My friend paid for a hotel for the tenants and was charge fees by the lender for having to have the mortgage documents drawn up again. It was vacant before the closing.
I held up a closing on a house that I was buying once because I was not provided keys and the realtor locks were still on the house. I was not able to take possession of it without damaging it. They scrambled but we closed.
2007-01-21 11:21:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Through your Realtor, contact the Title company and freeze the payment from the sale. Contact a lawyer and send this person a letter stating your terms for rental. Make sure that your rent is 2 times the Highest Hotel space.
2007-01-21 08:15:01 · answer #5 · answered by whatevit 5 · 0⤊ 0⤋
First thing to do is take a look at your contract. It should state somewhere in it possession date, also it should state a dollar amount if the seller and possessions are not out. THIS IS the responsibility of the Realtor however, if she/he is giving you the runaround call the broker. Actually the contract should read possession date---COE. close of escrow. Your agent should know this also, better read that contract.
2007-01-21 08:14:17 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yikes.
A lawyer sounds like the place to go.
It is very likely that she will be responsible to pay storage fees, acccomodation and possibly meals. I'd say book a nice hotel, but first talk to a lawyer that specializes in real estate and escrow.
2007-01-21 08:14:08 · answer #7 · answered by Bobincan 2 · 0⤊ 0⤋
You need to contact the closing company. The will make arrangements for you or tell you what needs to be done. If you own it, and they're not gone, they are on your property illegally. Oh, and your knucklehead real estate agent should have given you all keys and garage door openers at closing.
2007-01-21 08:14:25 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If there is a 72 hour period in which she must be out, and it lapses, then throw her stuff out!If you own the house, she is not renting it, and you have given her ample time to move out (which it seems like you have, you cannot buy a house in a couple of days) then there is no reason why she is still there. Contact the sheriff's office to see about your legal rights, and maybe to have her forcibly removed. Good luck.
2007-01-21 08:14:54 · answer #9 · answered by Anonymous · 0⤊ 1⤋
IloveKeyLime... answer is dead on. In most states your will get in BIG trouble just throwing someone's stuff out - called self-help evictions. The police will tell you that this is a civil matter and tell you good luck. You realtor did a poor job by not addressing this matter in the contract and closing documents.
2007-01-21 13:54:41 · answer #10 · answered by stevegreen 1 · 0⤊ 0⤋