After seller sold the property that I purchased and escrow closed, the sell, who had purchased another property, backed out of that deal and has refused to vacate and has not paid any rent. Escrow is, however holding the money until he vacates.
2007-05-25 11:38:39 · 6 answers · asked by ron 1 in Business & Finance ➔ Renting & Real Estate
Real estate contracts usually have a clause that demands possession of the property 3 days after escrow closes. You need to send a notice to vacate through the court and if the seller does not vacate in the time alloted, you can get the sheriff to execute the order by throwing them out.
2007-05-25 11:44:54 · answer #1 · answered by gandolphus 3 · 0⤊ 0⤋
Why would you close if the sellers were not out? I would say that if they do not move, you will be going through the eviction process. That is always fun. A lesson learned, never close escrow without making sure the property is vacant, and in the condition expected.
RE Agent,
Remax
2007-05-26 04:36:11 · answer #2 · answered by frankie b 5 · 0⤊ 0⤋
You need professional help. If you used a lawyer for this transaction, now would be the time to contact him/her. If not, talk to the real estate agent. There must be a way to remove him from the property -- but it may take a court ruling an eviction.
2007-05-25 11:53:41 · answer #3 · answered by Angie 6 · 0⤊ 0⤋
Well if you went to closing and so did the seller and everyone signed instruments and funds were tendered to the closing company for disbursement you need to find out if the title company recorded the transfer instruments. If they did not you need to get from them, in writing, the reason why. Then armed with that writing you need to immediately go see a legal beagle. If they recorded the seller is a tenant holding over without permission and you will need to proceed to evict the seller under your state's landlord tenant law. If they did not record it could be (opinion) third party interfearance to a contract on behalf of the title company.
Like I said sounds to me that you need an attorney.
Good luck
2007-05-25 11:56:10 · answer #4 · answered by newmexicorealestateforms 6 · 0⤊ 2⤋
What does your agreement say about possession? It should have included a rental amount for this contingency. If posession is at closing, you can evict him since you have closed. Had to do that once.
2007-05-25 11:46:33 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 1⤋
YOU MAY WANT TO NEGOTIATE PEACEFULLY WITH THIS SELLER.
THEY WILL OWE YOU MONEY FOR STAYING THERE AT YOUR PLACE NOW!
IT'S NOT FREE RENT.
YOU MAY WANT TO CONSULT WITH THE ESCROW COMPANY FOR OPTIONS!
IF THIS ALL DOES NOT WORK YOU WILL NEED LEGAL ADVICE FROM AN ATTORNEY WHO SPECIALIZES IN REAL ESTATE LAW?
OR MAYBE CONSULT WITH THE LOCAL LAW ENFORCEMENT AGENCY IN YOUR COMMUNITY?
GOOD LUCK! :-)
2007-05-25 11:44:00 · answer #6 · answered by JEDI MASTER YODA 4 · 0⤊ 1⤋