If we close at the end of the month can we put the homeowners out the same day.

Asked by Dorian, Mount Vernon, NY Sun Feb 17, 2013

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Maria Cipoll…, Agent, Coral Springs, FL
Mon Feb 18, 2013
The day that the closing is been schedule is the day that you need to do the walk thru in the property that you are buying. In that moment that property have to be vacant and in the same condition that you saw it when you submitted the offer. If you see that the owners are not ready to leave and give the keys at closing, do not sign any paperwork. Legally speaking, the property have to be vacant and ready for you minimum two hours before closing.

Best of Luck,

Maria Cipollone

Century 21 Tenace
1 vote
Maria, I suggest you stop "legally speaking" for transactions in New York unless you are licensed to practice law here. Your answer is incorrect.
Flag Mon Feb 25, 2013
Thank you.
Flag Mon Feb 18, 2013
Scott Godzyk, Agent, Manchester, NH
Mon Feb 18, 2013
You can write your offer any way you want that states when the seller should be out. Nearly all closings do indeed have the seller out before closing so that when it closes, it is yours. It is very risky to close on a house and allow the seller to stay, you then become a landlord with liability and costs of there is any damage when they do leave
0 votes
Anna M Brocco, Agent, Williston Park, NY
Mon Feb 18, 2013
Depends on your contract and what was agreed by both buyer and seller; therefore consult with your attorney...
0 votes
Donald Mituz…, Agent, Chappaqua, NY
Mon Feb 18, 2013
Most real estate contracts in Westchester County state the property is to be broom clean prior to closing. Unless you made another arrangement with the owner, this is how it should be. You should do a walk through prior to closing to make sure the owners have moved out and haved not left anything. If you are using a Realtor for this purchase they should advise you of all of this. You should also contact the utility company to have service turned on in your name as of the day of the closing. If you don't do it in advance you could wind up with no power. Once it's off, you have to schedule with them to have it turned back on and the main breaker to the house has to be off. It could mean days with no power, not a good thing in the winter.

0 votes
Maria Gilda…, Agent, Manchester, CT
Mon Feb 18, 2013
It is the norm and stipulation in the purchase and sale agreement unless, as mentioned by Robert and Mark, that there is a condition or agreement between the parties allowing them legally to stay after full conveyance of the property.
0 votes
Robert Grana…, Agent, Bronxville, NY
Sun Feb 17, 2013
That is the usual procedure unless there is a prior agreement between buyer and seller
0 votes
Thank you.
Flag Sun Feb 17, 2013
Mark Fisher, Mortgage Broker Or Lender, Bronx, NY
Sun Feb 17, 2013
Yes you can, unless there is a post possession agreement in which you allow the owner to maintain residence for a designated period of time. They typically pay you a daily rate for this privilege and money is held in escrow.
Web Reference:  http://www.markfishernyc.com
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