Do house sitters have any rights to a house after a sale?

Asked by Mindy, Oldsmar, FL Tue Jun 1, 2010

I'm under contract on a short sale. The seller has house sitters. I haven't found them to be the most cooperative. If they are'nt gone by closing do they have a right to be there? I know if there's a lease they have rights but what about house sitters? The seller signed a notorized statement saying they would be re-located on or before closing. Our closing date hasn't been set and the same statement asks for that date in writing which makes me wonder if he's given the sitters a written notice yet...doubt it. I'm afraid of getting stuck not being able to move in the home I'm about to buy. Just fyi...the house was empty for 6 months while we waited for the bank to approve the sale...ugh!

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Anna M Brocco, Agent, Williston Park, NY
Wed Jun 2, 2010
What is your agent advising--you may also wish to consult with an attorney who specializes in real estate before closing and see exactly what options you may have--protect yourself.
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Bob Georgiou, Agent, Danville, CA
Wed Jun 2, 2010

In California, Occupants in possession amazingly have more rights than unpaying tenants. The process for an unlawful possession is hugely expensive as well. Worse, in California, there are flocks of people who are professional theives who prey on you "rich" owners. They know the system and can work it as well as the best attorneys. If you have this problem do seek a legal consultaion but before taking action buy them out of the property. Make them a cash offer that you will pay on the day the property is vacated and returned to your possession.
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