Home Buying in Orange County>Question Details

Dbmitchell, Home Buyer in Aliso Viejo, CA

Is it common practice in CA to allow sellers x days to vacate, with no security deposit, after closing?

Asked by Dbmitchell, Aliso Viejo, CA Tue Feb 10, 2009

I purchased a house in CA and gave the sellers 72 hours to vacate with no security deposit. They vacated late, damaged the house and left a lot of junk for me to dispose of. I was told it is common practice in CA to give sells 2 days to move and money is normally not held to cover damage to property.

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I do not suggest that my Buyers ever do this (or do rent-backs) for the exact reasons you have shared here - and let me just say I have heard stories MUCH worse than yours. I always write contracts that turn over the property on the close of escrow date - period. That's when ownership transfers, and that's when a buyer should expect access. A seller has plenty of time to get ready to move under a standard 30-day escrow. Rather, than allow the sellers to stay past COE, extend the escrow date. Also, remember that the buyer has a 5-day window to investigate the condition of the property before COE (Para 15 of the CAR Residential Purchase Contract).

Best, Steve
1 vote Thank Flag Link Tue Feb 10, 2009
I haven't run into this much. Is 30-60 days not enough? If the seller wants to negotiate a rent back that's one thing, but 3 free days is a little rediculous. Did you do a final walk through? If they didn't leave the home in final walk through condition, I would contact an attorney or seek out a mediator for proper restitution.
1 vote Thank Flag Link Tue Feb 10, 2009
Hello DDmitchell,

Yes, it is custom to allow the seller up to 3 days to vacate the property once it has been sold/closes escrow. The first thing I would do is contact your agent and the agent of the seller to handle any issues with the condition of the property at the time you gained possession. Photo's of the condition before the close of escrow and after they moved out will be key. Your agent should be able to help you out with this situation.

Best of luck,

Robert van der Goes
1 vote Thank Flag Link Tue Feb 10, 2009
Actually it is rather common. There are contractual provisions that can address this but, in all honesty, doing so is probably the exception rather than the rule. Considering what the actual amount of damages are you might consider small claims court.

Jeff and Cheryl Fox

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1 vote Thank Flag Link Tue Feb 10, 2009
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