Home Buying in Rocklin>Question Details

Maria, Home Buyer in Rcklin

We are closing escrow on our very first home in a few days. There seems to be no sight that the sellers are

Asked by Maria, Rcklin Tue Aug 12, 2008

moving their personal items. What happens when the escrow closes and the sellers still have yet to move their belonging from the property? Our contract specifically states we can move on the day the escrow closes and we intend to do just that. What are our rights as buyers? What are their rights as sellers?

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Thank you both Brady and Lynn. My agent tells us not to worry but we are worried. We are in California and I don't know much about the law in terms of Real Estate. We could change the locks as suggested by our agent but we were hoping it wouldn't have to come to that. We don't have the luxury of having them live there as tenants after closing. We are a young couple with kids and excited about buying our first home. I just don't understand why the sellers would make a happy situation such a bad one!
1 vote Thank Flag Link Tue Aug 12, 2008
Maria,

Your agent, the listing agent, the closing company etc should all be made aware of your concerns ASAP. As a very basic thought, consider not closing until the home is in the condition is should be as per your agreement......including the previous owners and their furnishings.

Good luck
0 votes Thank Flag Link Wed Mar 18, 2009
I'm a licensed RE agent in California. The standard CAR purchase agreement form states that the current owners must vacate prior to close. Tell your Title agent that you do not want to fund or record (e.g. pay them the money) until you have verified they have moved out. The funding and recording usually happen the day you are suppose to move in, and the sellers should be out or making great progress that day to be out by the standard 5 pm timeframe.

So, tell title not to close without your final OK. Go check out the property to verify the sellers have move out, then, and only then, tell Title go through with the closing. It will be a bit of a hassle to do all in one day, but they can do it and it will protect you from any hassles.
0 votes Thank Flag Link Wed Mar 18, 2009
Hi Maria,

In most cases, the agents have a pretty good idea of their clients' intentions and level with each other pretty well. If your agent has been in discussions with the sellers' agent then they are most likely right.

Remember, though, the seller might not clean the house very well (at all?). There isn't much that can be done about that. If it turns out that they haven't moved out when they are supposed to document what happened and document your intention to move in (so they can't claim you said they could stay) and contact an attorney.

Good Luck,

John Hickey
Dilbeck Realtors, GMAC
818-541-7311
John@JohnHickey.com
http://www.JohnHickey.com
0 votes Thank Flag Link Wed Aug 13, 2008
Thanks John for your response. This is a short sale purchase with the lender indicating that the escrow be closed within 3 weeks. We are four days away from this. I am just concerned that they will not move out after escrow closes. My agents has told us not to worry but I can't help but do that.
0 votes Thank Flag Link Wed Aug 13, 2008
Hi Maria,

First - most sellers move out in a timely way.
Second - when they don't, they are usually only a few days late.
Third - there is very often a little doubt toward the end of the esrow on whether the seller will get out on time.

Most likely, everything will turn out okay.

If the seller overstays their right of occupancy the worst case scenario is that the buyer has to evict them. This is very rare.

The best advise I can give is for your agent to open a dialogue with the seller/seller's agent to understand what their plan is.

In your question you don't mention what type of sale this is or how much time the seller's have at this point. If it is a short sale remember that the seller is often in an awful state of mind and having difficulty with losing their house.

Last couple of points: If you used the California CAR contract you do have a right to perform a walk-thru. The walk-thru does NOT include the right to delay or cancel an escrow. Its purpose is for the buyer to establish the condition of the house in the event there is a dispute after the escrow closes. In a situation such as yours it gives you an opportunity to document the seller's intent to move. If you doubt there good faith you might want to delay your walk-thru until as near your closing as possible to establish their level of preparation for the move.

Remember, this will almost certainly work out okay, especially if you can get a dialogue going with the seller's side.

Good Luck,

John Hickey
Dilbeck Realtors, GMAC
818-541-7311
John@JohnHickey.com
0 votes Thank Flag Link Wed Aug 13, 2008
Drew,

No there will not be another weekend unfortunately. We have mostly signed a contingency removal document. Now we are afraid we will lose our money if we are to back out.
0 votes Thank Flag Link Wed Aug 13, 2008
Will there be another weekend before closing? We closed on our recent purchase on a Monday. We noticed the previous owners hadn't moved anything as of the Friday before closing. Everything was gone the Monday of closing. Some people have schedules to work around or are themselves waiting until the last minute because their new living arrangements aren't available until the day of or before closing. As the others have said though if you do the final walk through and everything is out don't sign the papers.
0 votes Thank Flag Link Wed Aug 13, 2008
Do not close if the seller is not out. If you close they become your problem. You will hav to evict them and no you can not just keep their possessions. Your individual state law may differ but usually you have to store their items for 28 days before you can dispose of them. As well once you close, any damage they do, you will have to fix. Easiest way is not to close. Check with a real estate attorney, and file suit for specific performance. Please consult the attorney rather than just not closing, you will have tio do it correctly and with specific paperwork. Good Luck
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Wed Aug 13, 2008
hold-over in my terms means an instant tenant. And quite possibly someone who does not pay rent. Meaning you would then have to have them evicted.

Despite how bad you may want the home, if the existing sellers fail to be completely out of the home prior to you sitting down at the closing table, then IMHO, you should not close or sign any documents on the home.

Where is your agent in these proceedings? Where is the sellers agent during these proceedings?
Please remember I am only seeing a sliver of this issue and your agent should know how to best handle this situation, but if you believe the seller will not vacate prior to closing then you have no reason to close, unless you plan on renting the property to the seller.

In my experience, homeowners who are being foreclosed upon are not always in the right frame of mind. In their opinion the lender has done them wrong and they want to do what ever they can to cost the lender more money. This is where the agents come in.

I do not live in your state, so your laws may vary, but long story short. 9 times out of 10, if the seller has not moved out of the home prior to closing, you quite likely have just allowed them to stay and must go through eviction proceedings because you closed on the property with them living there.
Evictions can take months to process depending on your local laws.

Do not be pressed by "SPECIFIC CLOSING DATES" if the home fails to close because the homeowner failes to vacate, you can attempt to reschedule, or if worse comes to worst, you avoided having to evict the previous owner, whereby you start making mortgage paymenst on a home you can not live in.

Brady Pevehouse
0 votes Thank Flag Link Tue Aug 12, 2008
If the contract has not been amended for seller remain in the property at closing where you have possession of the property once title company has funded all parties, seller is consider treaspassing, all belongings on property are consider yours. I would recommend with all buyers have locks garage door remote opener code changed . Sorry to hear potential this can be happening. Upon funding seller has no legal rights, have your buyers agent discuss concerns with listing agent reconfirm your intent of seller vacate. If seller wants to remain for few extra days you need have a short term lease agreement executed between you and seller fees would need to be paid with daily rental rate established.
http://www.lynn911.com http://www.homes-for-sale-dallas.com
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Tue Aug 12, 2008
Thanks for the answer. But we are very new with buying a home. We want to do a final walk-through but even that is dificult as the sellers don't seem to want to allow us doing a walk-through minus them. We would like to see the home without their personal belongings but it looks like that will not happen any time soon. This property is a short sale and we were told we have specific dates we need to close or we lose our chance in owning the property. Please explain to me what a "hold over" is.
0 votes Thank Flag Link Tue Aug 12, 2008
the day of closing ( and in some instances the day before closing) you and your agent should do a walk through of the property to ensure that the property will be delivered as detailed in the sales contract.

If the seller / homeowner has not made any attempt to move, you should not proceed with closing.
This give you the ability to ensure you do not have a hold-over / new unexpected tenant.
Don't be surprised if things start happening rapidly, Some people can pack and move quickly. But this is exactly why you do the walk through before closing.

Brady Pevehouse
0 votes Thank Flag Link Tue Aug 12, 2008
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