Can we gain access to the house if we are in possession after closing? Seller is denying us access to take measurements for carpet.

Asked by Coachday, Sun Jan 12, 2014

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Duane Trinkle, Agent, INDIANAPOLIS, IN
Sun Apr 6, 2014
As long as the seller has rightful possion before or after the closing the seller does not have to let you in the home until time that officially gain possesion.
1 vote
Michele Hawk…, Home Owner, Indianapolis, IN
Sun Apr 6, 2014
NO, they can not. If you have taken possession and they are denying you access, they should be charged a "fine" for every day after the possession date set at closing. If they blatantly refuse, call the police. It is your house now, not theirs.
0 votes
Mallorie Wil…, Agent, Indianapolis, IN
Tue Feb 11, 2014

I want to ensure I properly understand your question. Have you closed on the property yet? If not, as another agent has indicated, you should be allowed a pre-closing walk through. Has the seller indicated why they are denying you access?

Mallorie Wilson
Sales Manager
Associate Broker
Century 21 Diversified
317-590-3434 direct
0 votes
Duane Trinkle, Agent, INDIANAPOLIS, IN
Mon Jan 13, 2014
If you had and inspection the contract say you can do a walk through before closing to make sure reapirs are done right. That would be a time you could measure for carpet.
0 votes
Mitch Rolsky, Agent, Indianapolis, IN
Sun Jan 12, 2014
Did purchase agreement give you possession at closing. If yes than the seller has breached the contract and there could even be a penalty in the contract on a day by day basis. What does your REALTOR say? The reality is the only remedy is to go to court and the resolution will not be timely or cost effective. This is just one of the reasons a Great Realtor would make sure you had possession at closing with a pre closing final walk through to make sure everything was out and in good condition.
0 votes
Most standard real estate template purchase agreements have a clause to address the seller's failure to give you possession when they should. That said you indicated the seller has possession after closing for 10 days and with that the seller need not allow you in to the home during that period. Did you represent yourselves or did you have a realtor represent you?
Flag Sun Apr 6, 2014
Ahhhhhh….that's the gap. Apparently we didn't have a GREAT REALTOR to hear our pleas and add that verbiage in the agreement.
Flag Tue Jan 14, 2014
I stated that incorrectly. If "they", the seller, have possession after closing "rent free" for 10 days.
Flag Mon Jan 13, 2014
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