Your contract should have stated that the seller will pay you X amount of dollars for additional days after closing. If it did not, you need to consult an attorney since he is violating your right to privacy!!

You should insist to withhold escrow money to cover you for at least 2 weeks after closing. Yes, it is in the contract that he must vacate by the 9th and yes, the premium will triple if he does not do so but what will you do if he does vacate? Then you would have to take him to court and that will cost you money and time. The purpose of the escrow is to motivate the seller to vacate so he will not loose his money. If he is planning to do the right thing then he has nothing to worry about…he will get his money back.

Eva Maliarakis
Realtor®

Thank you for the responses. As of right now, there is money in escrow to cover the per diem for the days since closing until Nov. 8th. The contract stated that he must vacate by midnight Nov. 9th. After that the per diem will triple. This amount is NOT being held in escrow. My atty. is consulting with the sellers atty. As well as my agent with the seller's agent. I'm crossing my fingers.

You can also withhold money at the closing, in an escrow account, until the seller removes his belonging from the house and the garage. That will convince him to move everything out ASAP.

your answer will differ state to state..but in texas i'd tell you to do a Seller's temporary lease and make him pay rent(what ever your daily perdiem cost is) and make sure he has insurance for his possessions.until he vacates completely.....

Yes you should speak with your attorney to see what the contract specificly says about this as it sounds like you and the seller do not have agents. Otherwise you would not be talking directly with each other.
A possession escrow is not unusual, but it usually has terms, like rent to be paid and a certain $$$ amount held from the closing in case of damage & other unforeseen circumstances......like this.

DO NOT LET HIM PUSH YOU AROUND. There should be a clause in your contract that says if he does not deliver possession to you at the time of closing then he is responsible for paying $X/day until t hat happens.

You open yourself up to massive liability by simply allowing him to leave anything in the property and the simple fact is that this person is not thinking clearly. This is beyond not your problem!

Call your attorney and inform him of what's going on so he can make it absolutely clear that you will be taking possession of the home and that no items of any kind may be left behind.