Agreed with the others on stating it clearl on the contract about terms and conditions.

However, I think the main concern B_f has is that it's a short sale. This is not like a regular sale where the seller is in distress and might not have a place to go when the sale closes. .

Not closing a deal unless possessions are out of the house is certainly an option, but only if B_T is really ready to walk away from the purchase - the short sale lenders only allow so many days to close a deal before the house goes into auction, so B_T will have to be prepared for the consequences also if he/she is going to insist on that.

Having a listing agent and selling agent who understand short sale process and are able to advise both sides of clients about the process will help smooth out the transition. As I said, short sale sellers are normally very happy that you stepped in and helped them avoid foreclosure, so hopefully, it does not happen.

Gonna run for an appointment.

Good luck! B_T. I will keep my fingers crossed!

Sylvia Barry
Marin Realtor
Frank Howard Allen Realtors

No one can make a comment unless review of your executed sales contract. Have your buyers agent go over the terms and conditions you have agreed to includes buyer / seller performance clauses.

However if they are still on property IF IN SALES AGREEMENT STATES YOU take possession upon closing and funding they are treaspassing police would need contacted.

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Lynn911

B_f,

Our recommendation is simple........don't let it happen. Make ic clear to both your agent, the listing agent, and the closing company(attorney) that you will no allow the deal to close with the owners or their possessions in the property. A day or two prior to closing it is normal to do a "walk through" during which they should be gone. If not request an addendum to the contract extending the closing date, giving them additional time to vacate the property.

Good luck

Hello,
The first thing I would do is go to the section in the contract where it identifies the possession date. Check to see if the seller is supposed to give posession the day of closing. If they are, then they should be packing and moving on the day before moving.. so just go by and check... if you do not see that happening then you need to call your agent and they will work with the listing agent to figure out how and when they will be getting out... if you have contract issues with the bank and acceptance on the short sale.. they might be waiting till the last minute to make sure the bank is going to take your offer. Your agent could ask the listing agent if they have made arrangements for a new place to move to and that might be an easy answer if they have.. but first check your contract then talk to your agent.

Hi B_f:

I have not experienced that yet. So far, all the short sale owners are very happy that the house did not go into foreclosure and are happy to get out of the house. I also advise my sellers that due to the possible credit problem they have, they should start looking for homes while negotiation of the short sale is going on as it might take them longer to find a place to live.

I suppose if somebody really do not want to move out, you will have to start eviction process; which will be unfotunate for both you and the seller.

Again, normally the sellers are just very happy to get rid of a big burden and not going into foreclosure(that's why they choose to short sale) . Hope that's the case for your home.

Best,
Sylvia Barry
Marin Realtor
Frank Howard Allen Realtor .