Can we request mediation before the close of escrow?

Asked by Cindy, Chester, CA Thu Nov 8, 2012

On 10/18/12 we received the approval letter on our cash offer for a short sell. There are renters in the property and in our agreement with the sellers, it is their responsibility to get them our before we close escrow. Escrow is supposed to close on or before 11/23/12. Since 11/22 is Thanksgiving and 11/23 is a holiday for many financial and title companies, we are ready to close ASAP. The sellers were informed to give there tenants the 30 day notice on 10/18; therefore they should be out by 11/19/12. However the renters are being difficult. We do have approval from the bank for an extension to close escrow, but I do not need an extension...I WANT MY HOUSE! MY FINANCES ARE ALREADY IN ORDER. The realtor has been very good at showing the renters other homes and been in contact with them. Can I request mediation with the sellers if we do not get to close escrow on time? Do I have any recourse? We put in our 30 day notice to landlord as instructed by Realtor.

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Lance King, Agent, San Francisco, CA
Thu Nov 8, 2012
I'm guessing that your contract does not stipulate what happens if the tenants aren't gone. If so, that's too bad. We always address those situations so that it's clear what happens, but I don't see how mediation will help you unless there is something the seller can do.

First thing would be to find out what eviction laws are and go from there and I would have the seller pay any other fees associated with the delay.
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I do not have the contract right here with me, but I believe our agent did not add any stipulations other than it's the seller's responsibility to have renters out before the close of escrow. So perhaps we, and when I say we, I mean our agent, should have been more specific?
Flag Thu Nov 8, 2012
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