We have closed on a home in Oregon, and we have an addendum to occupy after closing for up to 60 days. Are we entitled to keys to the property?

Asked by Joe.Builder, Portland, OR Sat Mar 1, 2014

The addendum does not specify this point, and the sales agreement shows buyer takes possession at 5:00pm on the day of closing. The sale has closed and recorded.

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LuAnn Perkins, Agent, East Lyme, CT
Thu Mar 13, 2014
If I am understanding this correctly, you closed on a home in Oregon so you are the purchaser and the seller can stay up to 60 days after closing?

If that is correct, yes, you are entitled to keys. You would need them in case of an emergency.

I would also make sure that you get the proper insurance in case something happens so you will covered. Since you are not occupying the property yet, you may need to get a "tenant" policy in case something happens.
1 vote
Gary and Kar…, Agent, Boca Raton, FL
Thu Mar 13, 2014
We have an addendum to occupy after closing for up to 60 days.
This I will interpret as the seller has up to 60 days to vacate?

If this is correct - they have the right to the property up to "60 days" after closing.

The question of the keys - "My opinion" (I am not a lawyer) is yes you may have the right to keys...If the title company is not cooperating and the seller refuses - you may be forced to seek a judicial remedy - This may come at a cost and may not be heard by the court until after the 60 day period has lapsed.

Seek a cohesive agreement and go with it.
Web Reference:  http://www.garyyoungman.com
1 vote
Allison James…, Agent, Portland, OR
Sat Mar 1, 2014
My guess is that your original purchase contract had you obtaining possession by 5pm on the date of closing. Your addendum, however, changed that provision as it gives the seller the right to occupy after closing. Generally this addendum would lay out a specific move out date for the seller, lay out a number of rules regarding their occupancy and usually would include an amount they would pay you in rent for the time they remain in the home. While it would be nice if you had the contact info for the sellers so you could coordinate directly with them when it comes time for them to move - the listing agent is under no obligation to give you that info. You will need to have your Realtor stay in contact with the listing agent and they will have to be responsible for making sure all terms are met and everyone is out on time and the home is left in good condition with all of their things removed. Hopefully all goes well with the sellers occupancy of the home and the move out goes smoothly and on time.

Hope that helps!

Kelly Gebler, Principal Broker
Cornerstone Group NW @ Keller Williams Realty
1 vote
Thanks for the information!
Flag Sun Mar 2, 2014
Tim Moore, Agent, Kitty Hawk, NC
Sat Mar 1, 2014
It sounds like you are the seller and are talking about remaining in the house? Or are you the buyer, and if so why would you need anything allowing you to occupy your house you now own and why did you not get keys already? Your question is confusing so tell us more details.
1 vote
I'm the buyer. We have an addendum to our sales agreement allowing the seller to occupy the house for up to 60 days. We closed on the house yesterday, and requested keys from our agent. The sellers' agent refused to give us keys, and she is also refusing to give us contact information for the sellers.
Flag Sat Mar 1, 2014
Dirk Knudsen, Agent, Hillsboro, OR
Sun Mar 16, 2014
It is too bad it had to come to an attorney. As a Broker of 30 years I continue to encourage my counterparts to try and work as hard as they can to avoid these things! Bets wishes with the resolution and your new home!

0 votes
Joe.Builder, Home Buyer, Portland, OR
Thu Mar 13, 2014
Thank you all for your answers. We've retained an attorney for this matter at this point.
0 votes
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