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Thanks for your help. I'm glad that you have enough time to waste on insults. Do you have enough time to answer my question?
I would start counting the day after the Deed was recorded, and consider the 30th day you get to, to be the last day. The next morning the house should be unoccupied.
This is due to the fact that the day the Deed is recorded is not a complete day. Generally you count whole days, not part days.
We signed papers on March 3rd and the deed was not recorded until 11am March 4. My RA has no idea if we should count March 4 or March 5 as day 1. Our adendum states that they are to be out by 5pm 30 days after the close of escrow. So far my RA has not been on top of things. I have found several errors along the way that almost lost us the deal.
Ok, in that case, because the signatures were on March 3rd, I would count starting on March 4, definitely....but just my opinion. The seller would also suppose that the clock started the following day, regardless of a day delay in recording the Deed. There is a date next to the signatures, right?
It depends on the laws in your area, but here in AZ the day of closing belongs to the buyer, weather full or half. So you would count march 4th to be the first day of the 30 day occupancy, so the seller should be out of the house by 5pm 4.2.2008
Does it not seem a little weird that my agent can't answer my question?
CA is the same as AZ. March 4 would be considered day 1. In my opinion, this is why there should be dates (i.e. 4/2/08 at 5:00pm) instead of putting the number of days. It avoids all confusion. I'll refrain from commenting on your last question. :)
I am in Florida. I agree with Justyn Kearney. Florida law gives the day of closing to the Buyer. Look at the HUD1 Closing document. It usually gives the dates that taxes, etc were prorated between Buyer & Seller. It should confirm the dates. If you are still confused ask the Closing Attorney or Title Company.
mpal, it would be unprofessional to comment. And you know how professional I like to be. Ok, quit laughing. :o)
I do know that you like to be professional, but she did ask the question after all :o) Ok, so I'll answer, it seems more than a little weird that your agent can't answer your question!
LMAO mckylie!
I am in saint louis. I am not sure if it is different in CA or not. It should be stated in the contract very clearly. The day stars right after the closing. You are supposed to get the possesion after both the parties signed and funds are dispersed that means 30 days period starts on that day. If you can not talk to the agent which I am suprised that he does not know. You should try to contact the broker and make it clear and also check your sales contract agreement signed by both the parties.
I hope this helps !!
Shashi Kumar
Stitch's mom huh... hmmm..
Are you a MILF like 'Stiffler's' mom? Maybe I can help.
Thirty days from March 4th would be April 3rd. It would have been April 4th, but there are 31 days in March so you have to subtract a day. It's easier that way than counting, but if you want to count you count the full day. From the 4th to the 5th is one full day so the 5th would be #1... and so on. It doesn't matter who the 'day' belongs to... because you agreed to give them 30 days. 30 days is the same in any state I believe :)
Oh yes sorry... you became the owner on the day it recorded. You wouldnt give them the day that they still owned it... so it must be from the date of recording.
I have done this a number of times in WA and the clock starts ticking the day after closing. I am sure you also received a personal check for the month they are there covering your fist mortgage payment as well. Remember too, that you are the owner and they are renting it, so feel free to stop by for an inspection before they move out as well. I did it in my own personal property as well and I went over to talk to them too. They moved out on a Thur, I had the cleaning crew arrive on Fri and I moved in on a Sat. All worked out fine.
Thank you all for your quick responses (except for Aldreth). The house was a short sale. We are not getting any money from them. We gave them 30 days rent free, a dumpster for 10 days, and $1000 if they clean up the property. They were hard to deal with before we closed and are now just tons of fun ={. I don't think anything is going to go smoothly. We knew this was most likely going to be the case and we decided it was worth it. I just want to make sure everyone knows the date they are supposed to be out because on that day I will be filing to have them evicted! The nice thing about the agreement to occupy after closing is that no tenant/landlord relationship is formed. According to my Lawyer and the Sheriffs office all I have to do is fill out a form submit it to the sheriff’s office and within 24hrs they will be escorted off my property.
"According to my Lawyer and the Sheriffs office all I have to do is fill out a form submit it to the sheriff’s office and within 24hrs they will be escorted off my property."
I would have my re agent escorted as well.
Good luck with your home.
Rent free? You are being very reasonable. I didn't do that with mine since the sellers wanted a 20 day closing and I gave it to them. Then they asked to stay and I said ok, but you'll pay me for it. They were nice enough to patch up the holes they left.
I hope it all works out for you! Keep us posted !
Odd they were hard to deal with in this market. You'd think they'd be thankful you bought their house and saved them from financial troubles. Some people are negative no matter what.
Last time I was over there there was a bunch of drama and she kept yelling at me that I had stole her house. She's not grateful she thinks the world is against her. The house is trashed. Short of lighting it on fire there isn't much she could do to damage it and it is insured. We're going to gut it down to the frame. She has 4 gross dogs going to the bathroom all over the house. They have fleas so bad that they have torn out all of their hair. I worked at several Dog Grooming shops and Kennels while I was in college and I have never smelled anything so bad. As her Realtor told me, "she hasn't taken responsibility for anything up to this point why would she start now". Now I'm just getting into venting. I just have to keep reminding myself that even with all of the headache, we got a great deal. I just can't wait to get her out!
... and, it's free and anonymous
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Help with agreement to occupy after closing!!!
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Stitchs Mom
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I recently purchased a house. In the sales agreement we did an adendum for "seller to stay in home 30 days after close of escrow". Does day one of the 30 days begin the day the Deed was recorded, or the next day. I have a real estate agent but he does not know and after I have repeatedly asked him to clarify he keeps shrugging me off. Any help would be greatly appreciated. Also, is escrow closed once everything has been signed and money changes hand or when the deed is recorded?
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