Also, there is an addendum addressing the seller occupying the property after closing which will protect your interests. Just ask your Buyer's Agent to fill one out.

There is no such law in Kansas or Missouri. But - what does the Contract say? Page 3, Paragraph 6 addresses Closing & Possession. Line 123 has your closing date and line 135 has your possession date. If there were counter offers, look on the last counter to see if the closing &/or possession was changed. If the contract has been signed by all parties, the only way to change the closing or possession date is to add an amendment to the contract.
Of utmost importance: Any changes to closing dates will have an effect on your financing and may cause the three day rule to reset which could delay your closing.

If anyone cares, in Seattle, it used to be routine to allow the Seller three days possession after closing, although the practice is much more rare today. Still, in those instances, the Buyer gets the deed and the keys, the Seller gets the money, and doesn't have to move out until the specified time.

JR, same thing apllies here...money is held in escrow until the seller vacates, and a 2nd walk through is completed.

Most attorneys here don't like having the seller remain, for obvious reasons, but it happens on occasion. When it does happen, the attorney prepares a "use and occupancy" agreement (like a mini lease).....often the seller will also pay a per diem fee to stay in the house, and it is usually based on what the buyer's mortgage and tax costs are.

Kansas City Gal - I know things are done differently state to state, but I can't imagine that the agreement to have the sellers remain for 48 hours isn't written down somewhere. Ron Henderson seemed to give you directions as to where to find this clause on your contract. did you find it?

Best wishes,
Debbie Rose
Prudential NJ Properties

In my area, money is held in escrow when there is a possession agreement such as this. You would have two walk throughs with the agent present. If there is a dispute about condition usually we call the atty. I guess you don't use attys in Kansas city?

K.C. Gal:

Wow! I stumbled on this and I wish I knew who your agent was which would give me an idea of their experience. I am a Broker of a franchised real estate office in Sedalia. I don't "know-it-all" but I do know many agents give answers in order to give the impression they have more experience or knowledge of real estate transactions than they actually do. We are expected to own a crystal ball :)

Possession is delivered to you according to your negotiations on the contract. If you did not know that possession was a negotiable or mutually agreed upon item of your contract your agent is remiss in not explaining that. I have been in real estate for thirty years and have not heard of the law quoted to you. If nothing else is agreed upon in the contract then possession is delivered at closing.

The logical reasoning behind this is that the property belongs to the buyer after closing. They are then responsible for any unexpected breakdowns to the property, personal injuries, etc. that could occur. Sellers are not going to want to pay if the furnace quits working a day after closing for example. Now it becomes a headache as to who is going to pay.

I'm concerned if you were told (by your agent) that there was a "law" the sellers were allowed 48 hours instead of "the sellers "need" 48 hours to vacate." If at all possible possession at closing is the best option. Could you have misinterpreted what you were told?

I know there are many pages in your contract of small type and I don't have one at home to refer to however the contracts are written by a council of state appointed attorneys designed to answer most any pertinent question that may have and possession is one which is defined. Check it out.

Brenda Houk, Broker, Sedalia, Mo.

Ron, wouldn't Kansas City Gal be entitled to the keys at closing, even though she wouldn't have possession until later?

Without seeing the contract I'm not going to say that your agent is lying to you, but I hope your agent didn't specifically say it's the law that the seller ALWAYS has 48 hours after closing because that is NOT TRUE!!! It's possible that you misunderstood your agent, but either way here's how to tell for sure.

The KCRAR contracts we use here in Kansas City specifically state what the closing date will be and also what the date of the buyers "possession" will be. You can find this information on the "Residential Real Estate Sale Contract" paragraph 6 (line 123) where it defines the "closing date". Then further down that same paragraph on line 135 is defines the possession date. This is the date you will get the keys to the home.

It is typical to give the sellers 2-3 days to move out after the closing, but it is ALWAYS specified on the sales contract. If you don't have a copy of the contract you signed, you should ask your agent for full copies. The title company and your lender will also have copies of the contract too.

Hi Kansas City Gal.......you really need to check or verify this with another agent if you don't have confidence in your agent, or perhaps even an attorney. In NJ, things are handled the same way as Sean said they are handled in PA......keys are handed over at the closing, and the seller is expected to have vacated the premises........... the buyers take immediate possession, unless there is a separate agreerment to the contrary.

Perhaps in Mo, it is done differently, as I do think there are some states where there is a delay before the keys are handed over. Your state may very well be one of them.

Good luck with the closing!
debbie Rose
Prudential NJ Properties

I would consult a real estate attorney as laws may vary by state but here in PA what typically happens at a settlement is the change of possession. Buyers do final walk throughs the morning of settlement and at settlement the keys are handed over.

Sometimes buyers let the sellers stay longer but draft up documents as you mentioned what about damages if they happen.

Once again I am not an attorney and strongly suggest you consult one.


Sean Dawes