Home Selling in Allentown>Question Details

Eileen, Home Seller in Lehigh Valley, PA

What if the seller is unable to move out by the actual closing date? Say if closing is on Thursday and they

Asked by Eileen, Lehigh Valley, PA Tue Aug 12, 2008

need the weekend to move since they are from out of town, are they allowed any amount of time to be able to do this?

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They would be in default of the contract if the purchase agreement says subject to property being free and clear of occupants and their personal belongings. If you close with anyone in the house they now become your tenants whether you like it or not, you would have to evict them through the whole process if they didnt move. My advise is not to close until they are out and you can do a walk through prior to closing. What if you close, they stay, move out next week and take all the appliances, light fixtures, cabinets, counter tops and add some holes in the walls. You would be responsible. Get an extension to close when they can be out. Good Luck
Web Reference: http://www.ScottSellsNH.com
2 votes Thank Flag Link Tue Aug 12, 2008
I would wait until the Seller vacated the premises and then close. It can be a headache for you. If that does not work , have your agent/attorney prepare a strong holdover agreement to specify the time frame allowed. I would want the the Seller paying all costs, ie. insurance, your mortgage, taxes etc. I would also request a large amount security for any damages or debris left behind by the seller. Make sure your lender does not have a problem with the hold over agreement.
1 vote Thank Flag Link Fri Aug 22, 2008
The time the seller plans to stay in the house after settlement must stated in writing and signed by the buyer. I have seen sellers stay in the house as much as three weeks but it was agreed by both parties that the buyer must be compensated for those three weeks. Most of the time is not a big problem if the buyers are flexible in their move-in date.
1 vote Thank Flag Link Wed Aug 13, 2008
Hi Eileen-
In Real Estate anything can happen as long as both parties agree to it. It is always best to be moved out at closing and funding of the property... but as we all know...it isn't that simple. If you both agree upon a different date just make sure you have it in writing! Don't forget to keep your insurance on your belonging also. Good luck! When in doubt...ask your agent or attorney.
1 vote Thank Flag Link Wed Aug 13, 2008
Eileen,

That is common. Talk to your agent. A good option is to have some of the sellers funds held in escrow at settement. Once they vacate the property and have it cleaned out to your satisfaction than those funds would be released to the seller. Another option would simply to just have the settlement date moved back a few days to accomodate their move.

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1 vote Thank Flag Link Tue Aug 12, 2008
Eileen,

The agreement of sale (contract) has a closing date that was established whne it was originally signed. The buyer leaglly takes possesion of the property at time of settlement. If you know in advance that you will need more time you have two options.

First, have your agent request an extension of the settlement date to a later day and time. This is done frequently and is very easy as long as the buyer agrees. Another option is to do an post settlement addendum allowing you to have the extra time you need to finish moiving your stuff. Again this is done easily if the buyer agrees, however they are taking a risk.

The easiest and best thing for all parties involved is to simply move settlement date. Most of terms in the contract are easily changed with an addednum. The tough part is getting the buyer and seller to agree to the change in terms.
0 votes Thank Flag Link Tue Jan 27, 2009
Eileen,
Unless the actual agreement states that Seller can move another time, the agreement should state that Seller must vacate at time of closing and the Buyer can have the keys and move in at the same time. That is the way things are done in Lancaster, PA. However, specific issues are different in different counties. If all parties are in agreement, and the Seller needs the weekend to move in, you may agree, but please have all parties sign documentation accordingly. Hopefully, you have a Realtor that is helping you in your move, please confirm all questions with that person, it is our specialty. If you need a good Realtor in your area, please let me know.
Thank you,
0 votes Thank Flag Link Tue Dec 2, 2008
Hi Eileen. I am a local Realtor here in the lehigh Valley and can offer this information. I will assume you are the home seller in this scenario.
You are the seller of your home. Your listing agent will present you with an agreement of sale. In this agreement , it will include all the terms of the sale. This will include the price , conditions, inspections, and of course the timing. Timing is always of the essence. You will all agree in writing what dates will be used. When you all agree in writing, and each party has a copy of the fully executed agreement of sale, then this is what you will follow. It is that simple. It is your home, you control the deal on times.

Now, should you need to make a change to the agreement, for example, you need more time to vacate, then your Realtor must prepare an addendum, and have it signed by all parties. This is the way to do it. Everyone agrees in writing.

Typically, the seller must be out by the settlement date. The final walkthrough is held by the buyer of the property as close to the settlement time as possible. The seller must be out before the walk through, and the keys are transfered at the closing table.

Again, an addendum is very easy to prepare, to change the dates of the agreement. But each party will need to agree in writing, and each party needs to have a copy of the addendum to make a change.

Good luck. Should you need a good realtor in the area, please call
Don BRadbury http://www.bradburyteam.com
Web Reference: http://www.bradburyteam.com
0 votes Thank Flag Link Sun Nov 30, 2008
The answer is no. They are not permitted any additional time after closing, however, if you are willing to let them stay, your Realtor can draw up a lease back agreement and you should be able to make some $$, 1/30 of your mortgage payment/day should be the amount they pay you, and they should keep utilities and insurance in their name.
0 votes Thank Flag Link Thu Aug 14, 2008
Eileen,
Delay the closing until the property is empty.
I granted a grace period and it almost literaly bit me in the posterior. After the closing they were in no rush to empty the property of their belongings that were convienently being guarded by their huge dog. I was held hostage for only a short period until I informed them that I was going to smash one of MY new windows and the dog could then go as he pleased. They cooperated quickly at that point.
All the best.
James Joseph
0 votes Thank Flag Link Wed Aug 13, 2008
We negotiated a three day after close to vacate. The buyers were OK with this. There is always two sides to a story. What if something fell apart at the closing? That would not be pretty if you are all loaded up. The buyer only has to trust the seller. The seller has to trust the buyer and the financing. We were FSBO and sold to unrepresented buyers. We were both able to look each other in the eye during negotiations and get a handle on what type of people we were dealing with.
~~~~~~~~~~~~~~
LOL, boy were you ever lucky. I bought a FSBO back before I was an agent. No agents on either side. We negotiated they would stay in the house 5 days to give the poor elderly folks time to move. They ended up taking the RUGS and leaving subflooring, and all the fixtures that were attached to the house, leaving just wiring. I vowed never to go unrepresented after that.
0 votes Thank Flag Link Wed Aug 13, 2008
This is something that should be negotiated by the agents or, if you don't have agents, by your attorneys. There are various ways to handle this scenario.
0 votes Thank Flag Link Wed Aug 13, 2008
If all parties agree, your agent can draw up a lease agreement for a rent back. The Seller should be willing to pay 1/30 of your mortgage payment /day, plus utilities and insurance until he moves out. This is what happens in Lancaster, PA. Please check with your agent to verify this is how things are usually done in Allentown.
0 votes Thank Flag Link Tue Aug 12, 2008
Lease - Back agreement will be fine for this situation Eileen. You can charge money and security, if you wish but you can also allow it for no charge but at LEAST you will have a fixed and agreed time frame for post settlement possession. Hope that helps!
0 votes Thank Flag Link Tue Aug 12, 2008
You need to amend your contract include amendment do a lease back with terms for family vacate the property in a certain. Charge a certain amount per day for seller . You are now in a landlord position need to enforce a lease agreement if seller does not move you'll need to evict the family. Your buyers agent have all documents required for both parties signature.
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Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Tue Aug 12, 2008
I agree with the answer from Scott. I would put off the settlement until Monday if that is a possibility. You need to do a pre settllement inspection and you would be much better off inspecting an empty house. The very best of luck to you.
Michael

Michael D Delp
Mortgage Pro
4802 Old Bethlehem Pike,
Telford Pa. 18969
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0 votes Thank Flag Link Tue Aug 12, 2008
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