New House Purchased, Owner Wanting More Time?

Question

I purchased a house about a month ago. The agreement was that the current owner would vacate in 30 days and I could move in on November 9th. Their real estate agent called me today and said that the owner hadn't removed the remainder of their belongings yet and wouldn't be able to do so by the 9th (they have moved accross the country and plans fell through to travel back to collect the rest of their belongings.) My real estate agent is out of town and nobody else from the agency has called me back to advise me! Their agent wants me to accept rent and push back my move in date until November 19th! This is just EXTREMELY inconvienient. I'm renting a furnished apartment week to week right now and its very expensive! I have a whole mess of new furniture and small appliaces being delivered to the house on November 9th and have arrange for utilities to be installed on that date. To top it all off I'm 34 weeks pregnant and I need to get my home set up! What do I do? What can I do?

Yes, I have already closed. I know I have to get ahold of someone at my agents office (she's out til Thursday.) You can imagine I am freaking out a little . . . I NEED to move in. I just want to know what to expect. I'm really young and I've never bought a house.

These people actually moved 4 months ago! You think they could have managed to get the rest of their stuff by now. Does a "threat" need to be made? If the stuff isn't gone by Friday can I hire someone to dispose of it? Would it be considered abandoned property?

Answer 1

Contact an attorney who specializes in real estate tomorrow morning.

Collect all of your closing papers tonight and be ready to present them to your attorney very early tomorrow morning.

I would start looking up attormeys tonight if you do not already have an atorney.

Start calling their offices tomorrow morning about 6AM . Some of the best attorneys that I know start their morning and are in their offices by that time.

My experience is that I have found a much better class of atorney by calling their offices at 6 AM.

True, most attorneys are not in their offices at that time, but the ones who are in their offices by that time and actually answer their phones at that time are outstanding.


You may get the attorney, not his secretary.

The fact that you called at 6 AM will add urgency to your situation. Tell the atorney that you are 34 weeks pregnant and give him the information that you gave us.

Be ready to bring all of your closing papers, copies of the contract and essentially every scrap of paper that you have regarding this transaction over to his office immediately.

Your attorney may be able to handle this before he has to leave his office to go to court tomorrow morning.

Your attorney will give you the recommendations that you need.

Also I recommend that your attorney call the brokers of record of the real estate offices involved in this transaction and that he follow that up with a letter that he sends out today to arrive in their offices by tomorrow.

I recommend that your attorney send that letter by certified mail with return receipt requested. If nothing else, that will really get their attention.

I expect that the sellers will be moved out, and their stuff will be moved out by one means or another by the 9th and that you will be able to move in on that day.

Congratulations on your new baby and your new house!!!!

.

Answer 2

Yeah, you are getting hosed for being nice. Technically, if the old owner wanted to, they could force you to have file an eviction to get them out, although sometimes there is a narrow exception for self-help when you can do it peacefully, such as when they are out of state. A good real estate attorney would be helpful about now. Oh, and those people that say just move their stuff are wrong, it is a potential legal hand grenade that could blow up in your face.
If I were you I would put some pressure on the real estate agents, especially the listing agent, threaten to sue and report them to the board of licensing, talk to their manager. I know they cannot control their client absolutely but they can influence them and they know it is extremely unfair for you to not be able to move in. That is not right, the agent got their probably hefty commission, and now they want you to delay you moving in, it is unprofessional. I guarantee you if they did not get paid their commission until the seller moved out, you would not be dealing with this problem. They should be embarrassed and doing everything they can to get it resolved. I don't care what the seller's excuse is, it is not your problem, you met your obligation to pay for the house, if the seller has to hire a mover and put their stuff in storage for 10 days so be it. If you had a buyer agent they did not really look after your interest. I would have held back a big chunk of sellers money at closing until they left. As you can tell I am mad for you, good luck. If you are in MA send me an e-mail: [e-mail]

Answer 3

Call the managing broker of the real estate firm with which you are working and explain what has occurred, and what you expect him to do. The sellers should pay to have their belongings removed at stored at their expense, and the closing should continue as scheduled, unless you have ALREADY closed. If the closing has occurred, you now have tenants in the property and will need to proceed with eviction proceedings to cause them to be removed. Chances are that the previous owners will return before the eviction can be processed fully.

Now you know the reason why most real estate agents recommend against closing ahead of time, and renting back to the former owners. Never a good scenario.

Answer 4

If you closed already, I think the only thing you can do is evict them. Call that agent back and tell her too bad, that's not your problem and you want them out. See if that works first. Do you have a a Real Estate attorney? If they refuse to move out, I'd get one. In your agent absence issue, call the agents office and ask for the Broker Manager. Good luck.

Answer 5

Tell their agent that rent is not acceptable, the previous owner must be moved out by November 9th. No ifs, ands, or buts about it. It is an enforceable contract. Tell their agent that anything left in the house on November 9th will be considered left behind and you will dispose of it as you see fit.

Answer 6

You own the house as of nov 9th, you don't have to agree to anything but they are gone with their belongings. You have your furniture being delivered and they must vacate. You don't have to evict anybody, it is your house on that date, and they signed a agreement to be gone on that day.My brother had that problem, the old owners vacated the night before and left two dumpster loads of crap they didn't want to move, so be prepared and the day before check to see if anybody left anything.

Answer 7

You are basically a landlord now and must abide by the laws that apply here. Talk to a local attorney to see what your options are. It sounds like you had a lease after sale documents signed - for 30 days - so technically it's the same as a renter not moving out after the term of his/her lease.

Answer 8

I agree with Ace. Since you have already closed, call the managing broker of the sellers agent (his/her boss) and tell them that you demand the belongings be removed on the 9th. Storage and whatever is the seller's problem.

Answer 9

You need to speak with an attorney and have him review your lease with purchase option to see if there are any loop holes where you can move early or keep him from putting the property on the market. Good Luck

Answer 10

Have you closed on this house?? If so, it's yours and you don't have to agree to this. Insist that they live up to the contract and get out by the deadline specified in the contract. Call their agent and tell them this.