Home Buying in Los Angeles>Question Details

kimberlyyenn…, Home Buyer in Stockton, CA

My seller promised to move out

Asked by kimberlyyennguyen, Stockton, CA Wed Aug 29, 2012

Hi everyone, my seller replied my email and she said," I am diligently working to vacate the property by Monday, September 3, 8 pm." Will this email be against her at the court if she does not do so?

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Answers

8
Kawain Payne, Realtor, Notary’s answer
Hello Kimberly,

Let;s just hope they will be out as promised. The last thing you want/need is a legal battle.

Is the date the seller has promised to be out by in accord with the purchase agreement?

Respond to the email by saying: "Thank you so much for being out by 9-3-12 @8:00PM."

Stay positive!!!!


Best of Luck to You,

Kawain Payne, Realtor
,
0 votes Thank Flag Link Fri Aug 31, 2012
Keeping a paper trail is very important if you think you may end up with a legal issue.
0 votes Thank Flag Link Fri Aug 31, 2012
Dear Kimberly,
I would keep all correspondence regardless in a Real Estate transaction. Please do check your purchase contract to see the day and time that you agreed to. Hopefully you will not have to "go to court" . Court is expensive and so is hiring Lawyers, so try to work it out without taking that step if you can.
0 votes Thank Flag Link Thu Aug 30, 2012
Save everything. Put everything in writing. Nothing is done until it is done. Promises don't mean anything from this person. She already violated the written contract, so a promise or email is nothing. Stay at it. Be persistent and constant.
0 votes Thank Flag Link Thu Aug 30, 2012
You are asking a legal question and none of us are lawyers. What you are pointing to is a written statement on an Internet website. Whether that is the same as a written document with a signature, only a lawyer would really know.
0 votes Thank Flag Link Thu Aug 30, 2012
The contract has a time and date to surrender property, so an email is unnecessary. What was the date on the contract? Are you representing the buy side and worried the seller does not intend to move out in time?
0 votes Thank Flag Link Wed Aug 29, 2012
Hi Kimberly:

We need a bit more information...when did the escrow close? What is in the contract as far as the seller vacating the property at close of escrow?

What was your e-mail to her about?

Let us know.

All the best,

Kat
0 votes Thank Flag Link Wed Aug 29, 2012
Well, yes, it's against her, your seller. But the wording does not sound to compromising like if she would say, " I will vacate the property by ..... " Ask her to sign a document stating that she will vacate on that date. If she does not want to sign it, then that would be a red flag. Even though she sign it, proceed with the eviction process, so you don't waste time.

Hope this was helpful. Good luck.
0 votes Thank Flag Link Wed Aug 29, 2012
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