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What can/should I do if I purchase a short sale and the owner refuses to vacate the property? Kevin

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kclan

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I am concerned that the owner will not leave the property once we close.  He asked me to rent the house back to him for a couple of months to give him some time to find a new place.  The closing is just a couple of weeks away. 
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August 20 - Sacramento
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Chad

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Agree with the majority on this thread.  Eviction is the only path to deal with this IMO.

And if the home owner comes back to the property after he is evicted yet before you occupy or while you occupy (as with a painful experience I personally went through), go to the courts (maybe hire an attorney) and get a restraining order.  Change the locks as well and tell your neighbors to be on the lookout. 

If the owner grew up in the house, it may have sentimental value to him and he may come back to the property.  If the owner didn't grow up in the house and just owned it for some small period, he will most likely pull up stakes and move on with his life.
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August 31
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space_acer

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Rents are dropping on Apts as as are storage spaces.

So they have plenty of alternatives to rent a home elsewhere.



 

 
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August 23
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wetdawgs

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The closing on every house I've purchased has had a requirement of an empty walk through before I sign the papers.   Don't sign the papers until they are out.
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August 23
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Kevin Schmidtchen, "Kevin Schmidtchen"

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Don't close until they vacate...simple as this.  You are dealing with someone at this point that is obviously not happy and not "capable" if you will to deal with the situation.  Who cares what is right or wrong or legal at this point.  Don't do anything stupid, you are dealing with real people and real energy.  Bad things can happen so simply do not close until the property is yours to take.
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August 23
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Tiffany Bond, "TiffanyBond"

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Seriously, speak to a lawyer in your area about the eviction process. I believe you cannot begin the eviction until you are the legal owner and I seem to recall Cali being rather tenant-focused. Evictions can be a breeze or they can be a total nightmare. You already have warning the current occupant wishes to stay well beyond when you take title. Big red flag.
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August 20
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Michael Emery, "MikeEmery"

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Elizabeth makes an excellent point. When you do the walk through and it appears they are not going to be out, don't close.
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August 20
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jkonstant

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I bought a short sale in March and the documents provided by the seller's lender were specific about the seller not renting it back from us. Check yours.
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August 20
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Lady Chattel

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Call the sheriff, they are quite good at evicting folks. 
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August 20
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Elizabeth Weintraub, "elizabeth_weintraub"

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If you were my client, I'd draw an addendum to the contract that says the seller will be out 2 days prior to closing and have the seller sign it. Then I'd do a walk-through with my client to verify that the property is vacant prior to authorizing funding.

But I can't advise you because I can't interfere in another agent's transaction. This is something you should discuss with your agent. If your gut instinct is telling you there may be a problem, I'd listen to it.
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August 20
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Michael Emery, "MikeEmery"

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Actually you should be concerned. It can take 30 to 60 days to evict someone from a property, which is exactly the time they are looking to stay. Make sure YOUR agent tells THEIR agent they need to be out on day of closing. Their bank might want to hear about their scheme as well as they are the ones losing money on the deal.
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August 20
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CaliGuyLookingToBuy

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You should not be concerned. Make sure in the contract offer it states how long after the close of escrow they have to vacat the home. Once that date passes they have a legal obligation to leave. I think by that point you are the owner and they are trespassing as long as the offer does not indicate they will stay longer than a few days after closing of escrow.

You might want to talk to your agent about this.
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August 20
 

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