We bought a house in a small town 6 months ago. Our possession date is tomorrow. It doesn't look like the people we bought from are making much of an effort to move out. They have built a house in another town and its complete but they aren't moving yet. Now they may have hired movers or are just moving tomorrow but I was curious what happens if they don't move out. Do we have any recourse if he doesn't move out everything? We both used the same real estate agent.
2007-10-31 06:39:29 · 11 answers · asked by lovelylady 5 in Business & Finance ➔ Renting & Real Estate
1) I know it's your new home, but don't borrow trouble until it happens.
2) You may charge them rent. Whether they'll pay it is another question.
3) Talk to an attorney about the laws in your state. It may be that you have a suit not only for rent, but for your housing as well. It may be that you have a case for damages. It may even be that you have the right to drop a notice to perform on them, and force them to rescind the purchase contract if they don't (possession is one of the terms of the contract, and if they haven't met that, they haven't honored their end of the bargain!)
If there is a problem, you're about to have a crash course in one of *hundreds* of reasons why you should never use the listing agent on the buyer's side. Water under the bridge now, though.
2007-10-31 07:42:45 · answer #1 · answered by Searchlight Crusade 5 · 0⤊ 0⤋
Having used the agent already representing the seller was your first mistake. Need to know how your contract reads. If the contract states something to the effect that purchaser takes immediate possession upon close, then you're only leverage is the closing. Either postpone closing until seller can perform as per the contract, or require lease-back papers at closing wherein both principles are protected. In our market, it's typical for the seller to lease the property for another 24-72 hours after closing to be completely moved out. But that process requires a Temporary Lease. In that lease, there's what is called a holdover. If the seller is not out within the time promised as per the lease, then there is a penalty of say $100/day.
Now if you've already closed and there is no temporary lease between you and the seller, then you'll need to check with a real estate attorney. An attorney in your state can let you know what your rights are and what action can be taken.
Next time, be the wiser and have a Buyer Agent to represent you. And know this, that the purchaser should always do a final walk-thru of the property prior to closing.
2007-10-31 09:35:09 · answer #2 · answered by Brenda W 3 · 0⤊ 0⤋
Next time get your own agent. It sounds like you used the seller’s agent, and they have no obligation to serve your interests. Your contract probably makes provisions for this. You can try to talk to the agent, although chances are, they’re not overly interested in helping you since their client is the seller.
You could be nice and let the sellers pay you rent until they vacate. Law suits over this type of situation tend to drag on and create a lot of hard feelings.
2007-10-31 06:49:10 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Sure you have recourse. You do not close until the property is vacated to your satisfaction. You should do a pre-closing final walkthrough of the property to insure that no damages have occurred, and that it has been vacated to proper standard (meaning NO junk left behind).
If you have already closed on the property, then you have tenants and will have to pursue an eviction if they have not moved out.
2007-10-31 08:22:18 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
Legally these people are trespassing.
This happened to me last year.
I went over to the house and told the former sellers they had 24 hours to vacate or I would call the Sheriff and have them removed.
You have never seen people move so fast in your life.
Good Luck
Terry S.
http://www.Welcome2Arizona.com
2007-10-31 13:07:47 · answer #5 · answered by Terry S 5 · 0⤊ 0⤋
What kind of an arrangement do you have for this extended stay? Did not your Agent write this contract so it would not be very attractive for them to not be out like 200 per day or some such?
Whatever arrangement you have will dictate your options, please do not tell us no additional contract was made with these sellers concerning them staying on.
2007-10-31 12:11:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Don't close on that home until they are out..stop the closing..and trust me watch them move faster then a nascar fan running to the bathroom during a rain delay...and who cares about the realtor,wheres your lawyer
2007-10-31 12:23:50 · answer #7 · answered by overhereyoupretty 3 · 0⤊ 1⤋
Yes you have recourse. The people have to pay you rent while in the home. Contact your attorney.
2007-10-31 07:03:09 · answer #8 · answered by Hirise bill 5 · 3⤊ 0⤋
you can legally charge them rent and if they refuse pin up a quit or vacate notice but for an eviction it takes three months of not paying rent to get it to go through
2007-10-31 07:00:55 · answer #9 · answered by wditt2 4 · 2⤊ 0⤋
Ask your realtor. You can probably charge them rent or some kind of fee for every day they're still there.
2007-10-31 06:46:56 · answer #10 · answered by Phurface 6 · 2⤊ 0⤋