Home Buying in 77845>Question Details

Nervous Mom, Home Buyer in 77845

What if the sellers and their stuff is still in house on closing day? What if they keep refusing to show up at closing or agree to date?

Asked by Nervous Mom, 77845 Sun Dec 18, 2011

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Don Groff’s answer
This is a conversation you should be having with your Realtor. Your Realtor can talk to their Realtor and get to the bottom of things. This is how it is done. I am unsure if this is your fear of what may happen or if these things are actually happening but while this forum is a great resource this is a question you really need to be discussing with your agent.

If anybody, buyer or seller are not keeping up their end of the sales contract the other party can sue for specific performance.

Best of luck to you.

Don Groff
REALTOR® | Mortgage Broker
Keller Williams Realty | 360 Lending Group
o.512.669.5599 m.512.633.4157
listings@dongroff.com
0 votes Thank Flag Link Sun Dec 18, 2011
Nervous,
Are these questions something that is happening or something you fear may happen? If this is something you expect to happen, you need to keep an eye on the home, look for signs that they are packing and preparing to move. If you are a few days away and there are no signs, alert your agent and discuss your options.
If this is something you have heard about happening to others, but have no specific reason to suspect may be the case, just ask your agent to find out what the seller's plans are. Most of the time the seller's are happy to be packing and moving on to the next phase of their lives.
You have a contract which states the terms of when closing is to take place and when possession is to happen. If the seller's are not performing, you have legal options contained in the contract.
0 votes Thank Flag Link Sun Dec 18, 2011
As noted already, do you even have a valid contract if you don't have a date?

On that point, check with a lawyer.

What if their stuff is still in the house on closing day? It's yours. You can throw it out. You can sell it. You can use it. It's yours. Check with your Realtor (and the provisions of the sales agreement) for details.

Hope that helps.
0 votes Thank Flag Link Sun Dec 18, 2011
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
It sounds like you have a big problem on the way and I would be quick to take the details to my attorney for advice.
0 votes Thank Flag Link Sun Dec 18, 2011
Either your Realtor or the Seller's Realtor should be able to help you answer these question.

Did you or the seller use a Realtor? a lawyer?
Did you execute a contract of sale at a Title Co.?


Your questions triggered a slew of questions from myself and my colleagues.

I hope our questions are of help.
0 votes Thank Flag Link Sun Dec 18, 2011
Q. What if the sellers and their stuff is still in house on closing day?
A. Review your contract. Is the seller required to deliver possession on the date of closing?


Q. What if they keep refusing to show up at closing or agree to date?
A. Your contract should have had a closing date and if so, the sellers may be in default of the contract...but need legal counsel to review the contract and determine who, if anyone, has defaulted. I wouldn't allow the delays to continue without making contact with an attorney though.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Sun Dec 18, 2011
If they won't agree to a closing date, do you even have a contract? sounds like you need an attorney
0 votes Thank Flag Link Sun Dec 18, 2011
You need to get an attorney to send them a demand letter.
Have you closed yet?
Did you use a realtor?
Please tell me you did.
0 votes Thank Flag Link Sun Dec 18, 2011
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
You need to refer all your questions to your buyers agent. Everything is based on the executed sales agreement

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Sun Dec 18, 2011
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