Home Buying in 92130>Question Details

Angiekan, Home Buyer in

Should I ask the seller to pay the HOA fees?

Asked by Angiekan, Fri May 3, 2013

I have just signed my closing on the May 1st, 2013. Since my seller was living in the house, they asked to give them 12 days to move out, so, which means I am not able to move in until the 13th. But, on the HUD, it says that I am responsible for the HOA since May 1st, the date that I sign the closing. Should the seller pay me the HOA for staying that 12 days?

Help the community by answering this question:


If you used an agent, you should discuss this with that person or their broker. I personally would never a buyer agree to a contract like you describe. Generally, the buyer takes possession on the day of close.

Since the deal has already closed, I honestly don't know if you can do anything about it. The time to object to this was when you signed the contract!

Best of luck.
0 votes Thank Flag Link Sat May 4, 2013
Ouch!! If you has a professional agent call them now to clarify. If not, this may be another poster for why 'going it alone' simply does not pay. I hope this is the only thing overlooked, as non represented buyers often have many after closing issues - many much more expensive than yours.

Best of luck!

David Rudd
Kindred Real Estate


CA DRE # 01402946
0 votes Thank Flag Link Sat May 4, 2013
Hopefully you had a Realtor since that would cost you nothing. And hopefully your Realtor had the seller complete a Residential Lease After Sale or a Seller in Possession Addendum which should cover all your costs. If you do have a Realtor you should be consulting him/her. If not, lessoned learned to make sure you have representation.

Jill Miranda
Pacific Sotheby's International Realty
0 votes Thank Flag Link Fri May 3, 2013
Didn't you think about clarifying this when you agreed to let them stay in the house past the closing?

Didn't you put anything in writing?

It's a little late now to lament.

Just hope they move out when they're supposed to.

By the way - do you have an agent?
0 votes Thank Flag Link Fri May 3, 2013
Whose fault is it that you do not have a written agreement with the seller regarding how long they will be staying and what they will be paying your – if anything – for the privilege of living in a property that is not theirs? Even is the agreement is that they stay for free – not an uncommon arrangement in this very heated market – the arrangement should be in writing. Once ownership transfers, they are tenants in your house, Mr. Owner/Landlord.
0 votes Thank Flag Link Fri May 3, 2013
It all depends on your contract and what you agreed with seller. If they are renting back for 12 days then you probably got credit for 12 days and that usually is negotiated ahead of time.
Please do talk to your REALTOR to find out what your contract says.
Best of wishes and congratulations on your new home.
0 votes Thank Flag Link Fri May 3, 2013
You need to speak with your Realtor.
0 votes Thank Flag Link Fri May 3, 2013
Just because you signed loan documents, doesn't mean you closed...
0 votes Thank Flag Link Fri May 3, 2013
Well, I had already signed the closing, so, now, I guess, I am just paying their 12 days stay in my new home them... sigh..
0 votes Thank Flag Link Fri May 3, 2013
Hi Angie,
Did you actually close? The day that you signed the paperwork and the day that you close are not usually the same day. If you have extended closing to the 12th, then escrow will adjust the prorations to the date of closing (taxes will also be adjusted). If the seller is renting back from you, and you did close, it should have been accounted for in the agreement for them to rent back. If you agreed to let them stay without compensation, then that is what it is.

Also, these are all questions that you should ask your agent. They should be your trusted source to guide you in all matters like these!

Sinead McAllister-Clifford
Real Estate Broker/ Realtor®

McAllister Homes Real Estate
Residential Sales & Property Management
License 01366009
858-205-5215 CELL
brokermcallister@gmail.com EMAIL
0 votes Thank Flag Link Fri May 3, 2013
Sounds like you did a rent back to the sellers. If you did, I'm guessing they're paying you rent for the 12 days. That rent should have included the HOA fees, but if you didn't include them, they don't have to agree to pay them now. If you're using an agent, ask your agent if the HOA fees were included. If you didn't use an agent, chalk it up to a lesson learned. And, it could have been a much more expensive lesson!
0 votes Thank Flag Link Fri May 3, 2013
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