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closing with immediate occupancy

Ok, we are closing next week and in our purchase agreement we have immediate occupancy. One of the reason we choose this house was because of that. Now tthey saying they need two days to move out. It sounds like we are in a chain of closings. We are first to close, last to move. Shouldn't the purchase agreement stand? We are in a time crunch at our current house we are renting. It will cost us $1200 to push two more days on our moving. Is this a common problem? I feel lije the realtor messed up somewhere in the timing. #pullingmyhairout#
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December 05 2013 - Fenton Township
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Answers (9)

You need to tell your realtor that you need to move the day you purchase or ask the seller pay you for a few days of rent.  If you made that clear to your realtor when you made the offer then someone needs to help you
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December 07 2013
You could offer to rent the property to them until they move.  You'll have to ask your agent what the fair market rent is and present it to them with a notice for seller to perform (i.e., move the heck out)
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December 07 2013
When representing a seller - NEVER offer "immediate" occupancy - maybe only if the home was vacant.....it is simple to explain to a seller:  If you offer to be out at close that means you will remove everything from the home and bring the keys to the closing.  What happens if something went wrong on the buyers end at the last minute?   Sellers usually get it at that point.

In your case I would say NO DICE - or extend the close date which I don't recommend (if something can go wrong it will)........

The sellers agent did make a mistake.......but its not your mistake.

If you give even 2 days you run the risk of - oh we need more time - now what - eviction?

Stand your ground and watch - the seller will miraculously find a way!

Hope it all ends well!
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December 07 2013
Sorry to hear about this situation.  Yes, it sounds like someone, somewhere may not have thought this all the way through.  When I represent a seller, I ALWAYS make sure they have plenty of time.  Even when they say they don't need it, it is funny how often it actually gets used.

To that end, it really depends on how your contract reads surrounding this as it *should* have verbiage in there that states what happens in a case like this.

I am not an attorney, so I am not and do not give legal advice.  This is my real estate opinion, but you need to consult with your agent and possibly your attorney...

1.  You might opt to allow the post-closing occupancy and possibly for a sum that covers whatever your expenses would be ... at a minimum ... and possibly more?  It sounds like you are in the driver seat on this one.

2.  You might opt to wait to close until the house is vacated ... but it sounds like this has to close for the other chain of events to happen, so possibly not an option.

3.  IF you allow for the post-closing occupancy to occur, I recommend it being very clearly spelled-out in-writing.

Good luck and please keep us posted.
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December 05 2013
Profile picture for wetdawgs
I would not close before they are out, with an empty walk through before signing the closing docs.      You don't have to agree to them changing the terms on the purchase agreement.   Please discuss this with your agent and.or closing attorney.
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December 05 2013
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Doesn't the purchase agreement have any legitimacy to it.
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December 05 2013
This is not common but it happens sometimes. You can consult a lawyer but that may cost you more money on top of the $1200. Also if it is over the weekend the courts can not issue any eviction notice. Your best bet is to talk it over with the other party and explain to them the extra cost you are now having and see if they will be willing to pay anything towards it. 
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December 05 2013
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Michigan
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December 05 2013
What state are you in?  Consult the closing attorney immediately!
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December 05 2013
 
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