Picking the right people to buy a home from?!? You're buying a home that you wanted to purchase and call home. The home has nothing to do with this and is still the same property you liked enough to enter into a purchase agreement. But, what does have something to do with it is . . . who the heck is representing you?!? God forbid you're in a "disclosed limited agency" relationship. HA HA HA
That'll learn ya.
My deals have NEVER been sloppy and I hope to all that's Holy my clients would never even have to post this type of thing on a message board desperately seeking some advice. For that, I do feel bad for you.
The terms and conditions of your purchase agreement are being discussed by licensed real estate agents in the State of Oregon while it's still in play is absolutely unbelievable to me.
Of course, that's how I practice real estate and I'm sure I'll be looked at as nuts for expressing my view, but come on agents. Do you really like to interfere with a purchase contract?!?
NOTICE: Any advice provided by EBA Portland, LLC is based on the local standards and practice of the Portland Metro area and does not construe representation or the attempt to interfere in a business relationship and/or contract.
EBA Portland, LLC has no knowledge of a legal agency relationship established and it is not the intent of EBA Portland, LLC to provide a second opinion for represented clients in a real estate transaction.
Buyers getting loans to fund a house purchase and sellers moving out on day of closing takes place daily, so what makes yours different. Not knowing all the facts it is hard to say and if you are at this point in the transaction there should have been no surprises.
Like others have said get your agent finding out what is going on, elevate the problem to the managing brokers.
It's extremely hard for me to answer all question confidently without reviewing your sales contract. Do you have representation? Your broker should be working on this for you.
If you are still in contract and not closing late and if you are closing late, you will need to obtain a closing extension. In this situation, you want to stay in contract especially when dealing with a difficult seller. If you are in contract, yes the seller has to sell!! It's called "specific performance" and you will want to contact a real estate attorney if the seller doesn't sell.
What the contract states is the date you are entitled to the property by law. Once closed on the closing date the deed will be recorded at the county with your names and you will be the legal owners of the property. If the sellers are unwilling to move, you can all the police for extra enforcement.
But would recommend not being too difficult. Unfortunately, you are dealing with seller that is unreasonable. BUT if they need 2 days to get out and you have the house FOREVER after that, then what is 2 days in the gram scheme of things....Big picture.
This is very common especially in today's market and deals falling apart literally the day of closing. Understandably, seller's want the loan funded and recorded before vacating. Underwriters are being very particular before they release funds for recording and are coming up with conditions at the last minute we have never seen. I actually just negotiated this same item this morning. Your broker if you have one should be negotiating this process for you. Hope this helps and good luck!
Principal Broker, TRC
Keller Williams Realty Professionals
"My Service Begins with Knowing Your Needs"