Seller doesn’t want to move
Dear Phyllis,
Dear Craig,
First, take a look at your contract (Residential Purchase Agreement and any Counter Offers). If the contract indicates that possession to the buyer is at close of escrow, the seller cannot arbitrarily change the terms of your contract without your agreement. Assuming your contract states that they would vacate at closing, you can refuse to agree to this change in terms.
Have your real estate agent inform their Realtor (in writing) that you expect them to honor the terms of the written contract. However, to enforce the contract, you may need to hire a real estate attorney. During escrow, concessions can help the process move more smoothly and reduce conflict. If you agree to give the seller extra time, require them to pay your carrying costs (Daily PITI: principal, interest, taxes, and insurance).
Before allowing any extension, check with your insurance carrier. If you grant extra time, have your Realtor prepare a Seller in Possession form and ensure the seller signs it. At your final walk-through, look for clear signs of moving, such as packed boxes. Whether the seller moves out on closing day or a few days later, failure to comply may require an eviction attorney.
Call Phyllis @ 818 790-7325 or email her at Phyllis@Harbandco.com with your real estate questions.
