Sellers are dragging their feet on moving out of short sale by COE. What can we do?

Asked by Vjl, Alpine, CA Tue Feb 2, 2010

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8
Brad Davidson, Agent, Placentia, CA
Tue Feb 2, 2010
BEST ANSWER
Don't allow the escrow to close until they get out. Once escrow closes, if they won't get out, your only option will be to file an unlawful detainer action.

I write into all my short sale contract that the sellers will be out before the final walk through. If your agent didn't do that you've got a potential problem.
0 votes
ROY Mason, Agent, SAN DIEGO, CA
Mon Jul 26, 2010
Talk to your agent and his/her broker . Hard to answer wiht out knowing everything
0 votes
Terri Pontzi…, Agent, San Diego, CA
Wed Mar 3, 2010
As the buyer, you have certain rights per the contract. Did you ask for occupancy at close of escrow? If so, do not close escrow until you know sellers will be out. Make sure everything is in writing. Talk to your agent and try to make it a win-win situation for everyone involved!
0 votes
Harold Sharpe, Agent, Menifee, CA
Tue Feb 2, 2010
There are steps in dealing with people who don't deal straight.
Consult an Attorney.
Some attorneys joke when they say it but these are the steps
discussion
mediation
arbitration
litigation
and
violence. I hope you have a sense of humor. You didn't take the last step seriously did you? I hope not. It was meant as a joke.

Harold Sharpe
So Cal Homes Realty
(951) 821 8211

http://www.southern-california-home.com
0 votes
Anna M Brocco, Agent, Williston Park, NY
Tue Feb 2, 2010
If speaking to your agent, listing agent, etc., produced no results, why not contact an attorney specializing in real estate--most professionals do offer a free consultation.
0 votes
Joan Wilson, Agent, San Diego, CA
Tue Feb 2, 2010
Talk with your agent and talk with the other agent. You may have to enlist the help of the police.

Good luck,
Joan Wilson
0 votes
Tracey Martin, , Salinas, CA
Tue Feb 2, 2010
This is a diffucult situation. Remind the sellers that they signed a legally binding contract and if the new owners cannot move in at the time specified on the contract they can be sued for breech of contract. If nothing else works hire someone to help move their stuff to their new place. Moving out of a house you never wanted to leave is never easy. What ever you do handle it with emapathy and understanding. Good luck to you.
0 votes
Elisa Peskin, Agent, El Cajon, CA
Tue Feb 2, 2010
You really need to refer to your agent/broker and ask them when the provisions are for the property being vacant rather than by this message board
0 votes
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