Replies (9)
- Michael Emery, "MikeEmery"
- Contributions:8086
File an eviction notice with the sheriff. Unfortunately eviction can be a tedious process so hope that they move on time.
- Tiffany Bond, "TiffanyBond"
- Contributions:3150
Find a good real estate attorney now in case you need one in the wings later. One of the worst things it to be dealing with a situation like this and not have a professional to trust to assist you.
- wetdawgs
- Contributions:39568
I'd start fighting right now to remove this clause. Is there an option to rescind your offer now if you can't get rid of the clause?
- Randy Hooker, "GoingForIt"
- Contributions:395
That would have been a great question/contingency to raise BEFORE the contract was signed. You should consult a good real estate attorney, but as a practical matter, if the seller has not moved out and turned over possession to you by the end of the 7 day period, then you should immediately start the eviction process. And then pray like hell. ;-)
Best of luck!
...randy
Best of luck!
...randy
- SUNFLOWER20072000
- Contributions:35
@ Randy - - I pointed that out to my attorney and he said that that was standard for a contract.
- SUNFLOWER20072000
- Contributions:35
@ everyone -- I guess I should mention that this is an elderly woman who plans to relocate to another state and live with her niece. She also doesn't have any money to move until the house is sold. And, I can understand that and since it is 3 family, I don't mind. I think that she will be out of the house in time.
I was just wondering if people trying to stay on a property after they have sold it is common. I was just wondering what should be done. (Just in case.)
I was just wondering if people trying to stay on a property after they have sold it is common. I was just wondering what should be done. (Just in case.)
- Tiffany Bond, "TiffanyBond"
- Contributions:3150
The best thing to do is be prepared. You should know a good real estate attorney just in case. Also, make sure you open lines of communication so that the seller can contact you easily if there are any issues with moving. If she doesn't have any funds, it is likely that you won't get much beyond the $2,500 if the stay is extended. Look at the eviction laws for your state (usually pretty easy to find using google). Know the process in case it becomes an issue. There may be deadlines you have to meet or precautionary steps to take that could severely set you back if they are not done in a timely fashion.
- SUNFLOWER20072000
- Contributions:35
@ Tiffiny -- yeah, I guess I should try to find a GOOD lawyer and one that is not lazy. Obviously, my attorney snoozed on this. He told me he wasn't aware that she was staying on. I thought that she would move in with relatives before closing, so I was a little suprised also. I should have known, because I kept asking the agent when was the seller planning to start packing. Finally, last week I got an answer, "Well, the contract says that she has 5 days after closing to move." I"m just wondering why they didn't just say that upfront. I also noticed that the contract says no Tenant/Landlord relationship will exist while the seller stays there and that seller is responsible for "things" during that time peirod.
- wetdawgs
- Contributions:39568
"Well, the contract says that she has 5 days after closing to move." I"m just wondering why they didn't just say that upfront."
If this is a contract you've signed, they did say that upfront. (Yes, you are responsible for reading the fine print).
If this is a contract you've signed, they did say that upfront. (Yes, you are responsible for reading the fine print).
Seller staying in property after closing
In the sales contract, the seller is allowed to possess the property for 7 days after closing. After 7 days if they are still on the premises, they are to pay $200 a day thereafter. $2500 will be left in escrow for that purpose. What happens if they stay long enough to use up the $2500? What if they don't leave the premises. What can I do to get them out?
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