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Dana72, Home Buyer in Texas

Can we move into our newly constructed house before closing?

Asked by Dana72, Texas Mon Apr 20, 2009

We have just built a new home in Texas. Long story short...We had to fire our first contractor last Octoberand our new one couldn't get started until February of this year because of the pending legal issues with the old builder. We completeed the house, all inspections were passed, we have permenant power, and have the certificate of occupancy.
One day before closing last week, we found out the that the builder we fired put a lien on our property so we couldn't close. Because of this neverending nightmare, our interum construction loan has expired. We are in the process of extending it so we can deal with this bogess lien.
In the meantime, could we go ahead and move into the house? We have awarranty deed for the property that the house sits on. Our attorney says to move in. What do you think?

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I "think" yes. You have a deed and a CO. (cert.of occupancy) However, I am not an attorney, so this is just my opinion. You must get legal advise from an attorney. Best Wishes.
0 votes Thank Flag Link Sun Apr 26, 2009
Has the attorney looked over any contracts you've signed? Since you do not technically own the property yet you may not have the right to move in at this time. However, typically you could request a buyer's lease where you can pay rent for the property until closing (I've only ever seen this done with pre existing homes, not new construction). Is your attorney a real estate attorney?
0 votes Thank Flag Link Tue Apr 21, 2009
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