Home Buying in Los Angeles>Question Details

Marialopezaa…, Home Buyer in Los Angeles, CA

What to do if you already closed escrow but seller still in home? Can you prevent the eviction process?

Asked by Marialopezaaaa, Los Angeles, CA Mon Dec 19, 2011

We already singed the end of escrow paper work. All we need is them to give us the keys to the home. However, the people in the house have no intention to leave. We have no where to go because we already gave our 30 day notice so we have no where to go.
My question is: Can we say "we are not going to accept the keys to the home until you give us the house with no people" In the contract it said that the sellers where going to get out a week before escrow, now they are refusing.
I'm wondering if i don't accept the keys, can it still be the responsibility of the bank to kick them out? that it does not suppose to be my responsibility?

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Answers

6
Aaron Belliston’s answer
Are the people in the home the sellers? If they are, do not accept any type of rent payment at all and be sure that no prorated rents or security deposit were included on the settlement statement. Then contact your attorney and have them draft a complaint for breach of contract assuming your purchase agreement provided you possession at close of escrow. Serving them the suit, may get them out at a much reduced cost to the eviction. If the occupants are not the sellers, get in touch with an eviction attorney immediately to get a notice posted. This again may be enough to force them out. I recommend Dennis Block & Associates. You may still be able to pursue relief from then sellers if they were to provide you with possession at Close of Escrow. Call escrow and if the seller funds have not been distributed - mention that you have a dispute and they may be able to freeze some funds.

Good luck.
Web Reference: http://www.evict123.com
1 vote Thank Flag Link Mon Dec 19, 2011
1+ year old posting.....!
0 votes Thank Flag Link Mon Jan 14, 2013
I have a similar situation. I closed escrow on Jan 2, 2013. I signed loan docs Dec 22, 2012. My issues is the new driveway that was put in because of new garage. Seller informed me there is an issues with new drwy that reconnects to old driveway by "suggestion" of city inspector it need to prevent going over grass to drive onto new drwy,My question what do I need to do if seller won't do as he said he would do to fix this; and he can't be reach to p/u keys? Tax record is in process. Please help!
0 votes Thank Flag Link Tue Jan 8, 2013
Sounds like a bit of a pickle,
Has the escrow already closed and recorded at the county recorders office? If so possession of the keys is irrelevant. You will need to evict them. If not do not close hold escrow up if you can and consult a real estate an attorney asap. we have limited info here so get some real estate help.

Harold Sharpe - Broker
So Cal Homes Realty
(951) 821-8211
harold@southerncaliforniashortsales.org
http://www.southerncaliforniashortsales.org
California Department of Real Estate Broker License # 01312992
0 votes Thank Flag Link Tue Dec 20, 2011
You should never close unless the home is free of occupants. First check your purchase agreemnet and make sure you included "free of all occupants" in your offer. Then check with your mortgage company as if it is owner occupied, most banks require teh buyer and seller to sign a form that the home is vacant , free of occupants and you will move in within a stated amount of time. hopfully you have a buyer broker to guide you. if not you should ask your closing attorney for advice. good luck with working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Mon Dec 19, 2011
Ms. Lopez,
Do you have an agent representing you in this transaction?
Did you do a "Walk-through Inspection" prior to funding?
If the transaction closed, YOU're still responsible to pay your new home loan. Your new home loan bank will not do any eviction for you're the new owner, not the bank.

Doug Perez
0 votes Thank Flag Link Mon Dec 19, 2011
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