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Hermes

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ok, so we close on out house this friday. Just found out today that the current owners don't plan on leaving until Saturday afternoon. I already took Friday off and made plans to do work around the house all weekend and I do NOT want them in it after we close. do I have any options?

I am so pissed right now. They should have discussed this before the closing was set and plans were made. furious.gif

***crisis averted*** they'll be out by 3 pm friday. I can deal with that...only cuts into my plans by a few hours.

-- Edited by ILoveChoo at 12:23, 2007-05-23

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Gucci

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I'm not positive, but I would think if they want to stay after you close that they would need to at least pay you rent or something. I mean you own the house so they can't legally stay. I'm sorry! What a crappy situation.

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Gucci

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Here are a few things I found:

Sellers will sometimes opt to remain in the house after closing via a short-term rental agreement. As the new owner, be sure the purchase contract and rental agreement stipulates that the sellers repair any damage they cause after the closing date.


This one is the most helpful:
http://homes.wsj.com/columnists/housetalk/20030829-barta.html

The unfortunate truth is that when you agree to sell a home, you have to vacate by the closing. Otherwise, you're trespassing. "You're occupying the property of someone else," says Ralph Holmen, an associate general counsel at the National Association of Realtors.

http://moneycentral.msn.com/content/Banking/Homebuyingguide/P76869.asp

http://www.hgtv.com/hgtv/ah_real_estate_mortgages/article/0,1801,HGTV_3161_2719226,00.html

All of these say they must vacate or try and rent from the new owners.  Good luck!


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Hermes

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yeah, thats what I'm finding too. And our purchase contract says that we take possession at closing. But apparently now they want to stay longer (and refuse to pay rent of any sort) because they can't get movers before Saturday. Well tough! You should have thought about that before! I'm seriously so annoyed and considerign calling them and tellign them that we'll be changing the locks Friday afternoon (I also dont' trust them and their million kids to turn over all of the keys) and if they're still there we're calling the cops.

If they said something a week ago, i would have worked with them. But don't pull this shit on me 2 days before.

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Gucci

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Is there a chance they could still pull out of the deal or have contingenicies already been waived? If so, you might want to tread carefully.

Do you have a realtor who could handle the discussion w/ them?

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Hermes

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luckylily wrote:

Is there a chance they could still pull out of the deal or have contingenicies already been waived? If so, you might want to tread carefully.

Do you have a realtor who could handle the discussion w/ them?






as far as I understand, they can't back out at this point- all dates for that to happen have long passed and the closing date/time has been set. All of the contingencies have been fulfilled.

Unfortunately our realtor is also theirs. She's supposed to be getting back to us.... so far all that's happened is that she told us they don't want to move and we said "no."

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Marc Jacobs

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Why don't you speak to your attorney about the situation?

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Gucci

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Glad it worked out!

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