We have just closed on a home and the sellers are wanting to take their time moving out.

Asked by Homebuyerintx, Beaumont, TX Wed Apr 22, 2009

We do not have a good Temporary Lease Back Agreement with them. When the original Agreement was written a date was put on the agreement not a number of days. Now that agreement is void. I only have 1 1/2 days to get out of my old home and the sellers still wont be out of my new home. We have a lease back agreement with the buyers of our new home, but a new lease back agreement was never issued for the buy. What are my options?

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Shaun Roberts, , Beaumont, TX
Thu Apr 23, 2009
I would also see what box was checked in Paragraph 10 of your 1-4 Purchase Contract. If it states "Upon Closing and Funding" call the title company to make sure the sellers have been funded. If they have, they do not have any right to be in the home. If "According to a temp lease form promulgated by TREC" box is checked, and you do not have this form I would get a hold of your agent's broker ASAP. If they still are not willing to help, I would consult a RE attorney.

The second thing I would do is file for eviction. The eviction process is so long the earlier you start, the better.
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Peter Johnson, Agent, Montgomery, TX
Wed Apr 22, 2009
Homebuyerintx and agents, if I am correct it sounds like there was a lease back for a certain amount per day but no limit on the number of days. How is that void now? If this is true they can stay forever. If there was a limit on days you have to go the eviction route.
Your agent need to address this quickly.

0 votes
Keith Sorem, Agent, Glendale, CA
Wed Apr 22, 2009
H What does your Realtor say?
In most cases the purchase receipt and escrow instructions stipulate when occupancy is to occur. I suggest, if your Realtor isunable to help you, that you talk with the Realtor's broker.

Assuming that both parties had professional representation it seems very odd to me that if the sellers were not going to be able to honor the terms of the purchase agreement that they would have given you warning much farther in advance.

Something is fishy around here.
0 votes
Bruce Lynn, Agent, Coppell, TX
Wed Apr 22, 2009
It's tough to tell what you have or don't have from the question.

You probably need to go back to your realtor and have them explain.

It almost sounds like the seller of the home you purchased needed to be out on closing day if the agreement for temp lease is void. If they are not out, you could have them evicted, but this can take up to 20 days.

I would have your realtor explain to their realtor that perhaps there is no lease and you need in as agreed.
If compromise cannot be had, perhaps they can allow you a room, or the garage, or something like that to store your items or you can arrange that at your old house.

I guess a third, but not as nice option is to hire a storage unit and move twice, once from your home, once to the new home. Stay in an extended stay hotel until your seller moves out.

I guess though if you start moving your stuff to their house and start living there, they will get out quickly. They typically don't want to share. Have any idea where they are going?

Good luck.
0 votes
Margaret T.…, Agent, Conroe, TX
Wed Apr 22, 2009
I beleive you are going to have to go to a Real Estate Atty. Ask Your agent who they use. Since your agent did not fill out a proper lease back agreement they should be more than happy to assist you.
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