I'm in escrow on a mobile home in Calif. Now the seller wants the escrow to close and fund, before she moves out so she can use that money to

Asked by tcelise, 90230 Wed Oct 31, 2012

move. I'm uncomfortable closing escrow while she's still occupying the home and now she's threatening to cancel the sale. I have a signed contract showing Nov 5th as my walk-through and if all is well, COE. I have $3,000 into escrow. We each have RE agents who told me today that they are sick of her changing her mind and would like to just negate the entire sale. I love this place and do not want to lose it but am not comfortable giving the seller the money and HOPING she moves out. If she cancels the sale, do I have the same recourse as with real estate: I can stop any further sales or compell her to comply with our written contract?

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Dorene Slavitz’s answer
Dorene Slavi…, Agent, Torrance, CA
Wed Nov 21, 2012
Dear Tcelise,

You have a contract that everyone has signed so you should be able to "negotiate" the sellers requests.
Have you considered a "lease back" for the time the seller nedds needs to move? We do this often when sellers need a week or two after escrow closes. She will pay you as she would a landlord to remain in the property.
It's all about negotiations in this business and it benefits everyone to work out these "details" to everyone's satisfaction.
Don't negate the sale if you have your contract and love the property. Im sure you can work out something with the seller .

2 votes
John Arendsen, Agent, Leucadia, CA
Wed Oct 31, 2012
Manuffactuered homes whether in a lease land community or resident owned must go through an escrow. A real estate sales person can sell a manufactured home in either case. The only thing a real estated can't do is sell a brand new manufactured home unless they possess a manufactured home salespersons license.

An escrow is an escrow manufactured home or site built. She must conform to the escrow instructions.
I'm assuming you want to take possession of the home and live in it not lease it back. Especially to her. If that is indeed the case the last thing in the world you would want to do is paint yourself into a corner by leasing it to her. If she doesn't conform to the terms of the escrow she's in breach and you can take action against her accordingly.

0 votes
Diane Mcauley, Agent, CA,
Wed Oct 31, 2012
I not quite sure of the question , so from what i gather she wants to close and fund before she moves out, tell her fine, but she needs to pay you a rent back for the days she is going to remain in the house, because you have a mortgage now, to pay and see how much time she needs and possible work it that way. Not sure of the price of the mobile home, but she would have to pay also for the rent sp of the mobile home. Dont lose the deal, try to work it out. See if this would work. Let me know, i use to see mobile homes, and i am in a deal with a rent back right now on a home i am selling in Walnut calif. Diane 714 618-8031 Good luck. Have your agents be calm and look for solutions.
1 vote
, ,
Wed Oct 31, 2012
I agree with Jane that you "can", but you may not want to. Doing a rent back can be a slippery slope. I would recommend being very, very cautious. You have to ask yourself why both agents are ready to walk from the sale...that is not a situation I have seen often. As far as your recourse, I would seek that advice directly from your agent and/or a real estate attorney. Personally, I would never give difficult people money in hopes that they were suddenly going to become less difficult. IMHO.

All my best,

NMLS #279125
0 votes
Ron Thomas, Agent, Fresno, CA
Wed Oct 31, 2012
If you have Agents and an Escrow, then I must assume that you have a permanent Mobile Home on a Foundation and you are buying the land as well.
And if you have a Contract and an Escrow, she cannot FORCE you to close early, and she cannot FORCE you to stay on the property:
You have a Contract!
If the Contract does not provide for her to stay after the Close, then she can't', as simple as that.
I'm the first to promote a Christian attitude, but it sounds like she is going too far.
You can certainly give her a NOTICE TO PERFORM and you should be ready with an Eviction Company and their paperwork; the handwriting is on the wall.

Good luck and may God bless
0 votes
Jane Peters, Agent, Los Angeles, CA
Wed Oct 31, 2012
You can always draw up a lease-back whereby she becomes your tenant. Not the ideal situation. You could put a time frame on it. If she doesn't move out you could evict her. A contract is a contract, mobile home or not. In any event, this is not a great situation and one in which you may not want to go through the hassle.
Web Reference:  http://www.homejane.com
0 votes
Thanks for your reply. I don't want a tenant, nor to have to evict her. I have to be out of my existing home on Nov 15. I'm hoping there's some phrase or reference I can use with the seller or her agent that will reinforce the idea that it would be harmful to everyone for them to cancel the sale at this point.
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