Profile picture for pwyckhouse

What if the seller doesn't move?

I am just a little worried that the seller is not going to move out by this Fri.  Fri. is the last day on our contract for them to be there.  We closed on Aug. 5th and they have 14 days to move.  What do I do if they don't move by 6:00 pm on Fri. Aug 19th?  Every step of our process hasn't gone smooth so I am sure that I am just worried for nothing.
  • August 17 2011 - Delta
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Answers (12)

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Profile picture for Connie Klemme
Hopefully you are worried for nothing.   It's a little too late to be saying it but I certainly don't reccommend ever having possession/funding be on different days.  You'll want to seek advice on how to evict them if they are still there.  I would assume they WANT to move since they wanted to sell, I'm guessing there was a logistical reason why they needed the extra time.  You might politely check on it....see if you can assist.  Ask your agent to contact theirs to see if there is any concern. (assuming you had agents- if not - just check in with them on the time and such things- afterall you need to switch utilities over and want to make sure you don't interrupt or have no service between theirs and yours etc.).
  • August 17 2011
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Profile picture for Frank Rosati
You should have signed a rent back addendum that clearly indicated how much per diem they pay per day and when they have to be moved out. There should have also been an escrow held for any potential damages that they are responsible for during the rent back period. The per diem is usually doubled after the rent back agreement expires which is used to give the seller incentive to move. In the event they do not move, they would be responsible for the doubled per diem and you would need to file for eviction.
If there are agents involved, they can guide you through the process if needed or I would be happy to answer any additional questions.
Best,
Frank
  • September 13 2011
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Profile picture for wetdawgs
Thanks for the update.   Sorry to hear it was such a headache

Hope you are enjoying your new home.
  • September 13 2011
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Profile picture for pwyckhouse
Well I just wanted to let you all know it was a hard fought battle, but we got the seller out of there on Sunday Aug. 21st in the late afternoon.  I know I will never give the seller anytime after we close if we ever buy another house!!
  • September 13 2011
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Call the seller's agent and let them know your concerns.  You are the new owner as of 6PM Friday, and I would have a locksmith meet you at the house to change all the locks.

David Cooper
  • August 17 2011
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Frankly, you should not have closed until the Seller agreed to completely move out, left the premises in broom-swept clean condition and you then conducted your walk-through to confirm or bring any issues to resolve at the closing. Apparently, you agreed to let the Seller after you took title (bad idea). Therefore, you will probably have to have your attorney take appropriate action. I hope you had some money due the Seller put in escrow to cover this and other contingencies, such as damage post closing. Good luck!
  • August 17 2011
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Profile picture for minotau
Never, ever do a "Close of Escrow +" to take possession.  Apologies, I recognize that it's a bit late for that here, but for future reference, just say "NO!".
  • August 17 2011
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In Georgia you would have to go to court to get a court ordered eviction.   It's a process.   Try not to think the worst - but another agent's suggestion of a walk thru at least 3 days before the move out date would be a good idea.   If they aren't packed, you may have an issue and a heads up.  Good luck - hope you don't have to deal with anything like that.
  • August 17 2011
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Thanks for your question and sorry for your concern. 

Assuming there are Realtors involved that used contracts, you should have a walk through scheduled, do it tomorrow and that will give you a good gauge if they are on schedule. 

If they do not for whatever reason, you would have to get the local sheriff involved.  I have never had this happen to me yet.

Hope this helps, good luck.
  • August 17 2011
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Profile picture for wetdawgs
I'd be worried in this situation also.  What did all the documents agreeing to this 14 day rent back say?  Are they paying insurance?  Paying rent?  Any clauses related to failure to perform?   What did your agent say about this?

I'd probably stop by casually today or tomorrow and ask if they need help with anything. 
  • August 17 2011
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Typically the seller will be out...however sometimes they will want to leave a few items and come back and get them later..This is just something you will have to decide it you can live with...but if they do make them aware you are not responsible for these items and have them sign something. 

The best advice I can give you is to call them a few days before they have to be out or have your agent call their agent just to verify...
Most of the time thse things work out.  The process can sometimes be a bit stressful till the closing but after, it usually relaxes.

Good luck and enjoy your new home...
  • August 17 2011
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Usually in this situation, there was a post possession agreement signed at the closing. That will tell you exactly what happens.
  • August 17 2011
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