Casey Frederick

We went to the walk through yesterday afternoon, and there was not even 1 moving box in the whole house!! All his things are set out like they're planning on staying for a while. The ceiling fan that was installed in the living room is now in the master closet, he said it matched the kitchen fixture at his new house. I told the realtor we want it installed, and she told him he could not remove it like that. We went and spoke to the broker right after the walk through, and he found someone that can pack the guy today (will take 1/2 day), then have a furniture company bring a moving truck to move his stuff. The guy refused that and said he wanted his own company to take care of it next week. The offered to pay the seller a little money to get out, he refused. Right now we're stuck in the middle of a rock and a hard place, like I said, we have 2 small children and no where to go. The attorney said we can freeze all their profits from the sell of the house until they settle with us. No one will get paid - realtor, broker, or title company, but that can draw out to several months if the guy decides to fight it, and then we'll have no where for our family to stay. We did type up a lease agreement, and he refuses to sign it, we did say we want $3000.00/day, which we don't want any money at all, we were just hoping that would scare him into getting out quicker. He sent back a letter with the realtor saying he wouldn't sign that. I think he should have to pick up our motel bills and rental for the truck at the very least. Our interest starts on the property when we close, and the utilities are starting in our name today.

The reason we are kind of pressured to close is that our lock on our loan expires tomorrow (7/24). If we don't close by then, the interest rates have gone up, and our new rate will be at least .5% higher. - Wed Jul 23 2008, 07:13

The realtor just says that she is trying to get him out, but he said he won't pack. I checked our contract this morning, and it is checked that they have to turn the house over at closing/funding. We never agreed to a lease agreement. We did extend our contract from July 10th, and he has known about closing on the 23rd since that date. I emailed our realtor this morning and told her what the contract says about receiving possession at closing. I told her we would not be responsible or liable for his property or the house while he was still there. If he refuses to leave, we will lease the house back to him for $3,000.00/day until he leaves that will be payable at closing. I know it sounds like a lot, but we are trying to just get them out of the house, and thought that might rush them. Both my husband and myself have put in for vacation days to move in & clean, the utilities come on in our name tomorrow, and we'll have a motel bill as well as the moving truck until he leaves and just the hassle of having our 6 yr old & 16 mth old baby stuck in a motel b/c he refuses to pack his things!!

I really appreciate all the answers and feedback I have received here. I did contact a real estate lawyer, and we are meeting with him at 1:30 today to see what our options are. Someone else told me that we just need to get him to the closing table, I'm afraid now what if he doesn't show up??

Oh, and the realtor is supposed to talk to her broker, maybe I should talk to him direct? - Tue Jul 22 2008, 09:24

Sylvia, thanks for the answer. The realtor is actually representing us both. She said she's trying to get the guy out of the house, but he said there's nothing he can do. He has not been helpful at all during this whole process and has been very hard to get along with. We were supposed to have closed on 7/10, but couldn't make that date, so we extended our contract, and the title company set up the date of the 23rd for closing. Our lock on our loan expires on the 23rd, so we have to close then. Not only will me, my husband, and our 2 small children not have anywhere to go, I'm not comfortable with him staying in our new house, our insurance will be liable if anything happens to him or his property. He refuses to pack his own things!! - Mon Jul 21 2008, 21:57