First of all, let me just say, as hard as this is for your family, it is just as strange. What kind of seller doesnâ€™t want to leave? What kind of seller is happy to leave? With those questions I got to wonder, does he really want to leave? Is he being forced to sell to prevent financial hardship? My point with all these questions is, it sounds to me something else is going on that we donâ€™t know about. At this point, I am concerned that you arenâ€™t getting the whole story.
With all that being said, what can you do? Truth is, till he has actually breached his agreement, I donâ€™t know you can really do anything. Of course, you might want to consult an Attorney however, I am all most positive that until the seller doesnâ€™t show up at closing or hasnâ€™t vacated upon funding and disbursement, what has he done wrong? So, this put you and your family in a horrible situation because all the information you are receiving is this guy hasnâ€™t done anything to prepare to leave even though you are now less than 24 hours from moving in.
I really hate to say this because it isnâ€™t something I want to ever have to tell anyone but, you might need to be prepared to live in some sort of transitional housing. The truth of the matter is, even though you have an agreement, it doesnâ€™t mean this guy is going to honor it. Consult an Attorney however, if I was you, after I closed the deal, if the Realtor wasnâ€™t able to provide me keys and say, â€œitâ€™s vacantâ€ then I would contact my local Sheriffâ€™s office and find out when I can schedule an office to come down to your property and force an eviction. In fact, if you havenâ€™t found out what the procedures are for your counties forced evictions you might want to do that now.
As a REO / Foreclosure agent, some times I have to do these on behalf of my client who is the new owner. I go by to check on the property after the bank has taken repossession just to find out, the property is still occupied and the previous owner isnâ€™t planning on leaving. Here in my county, the Sheriff can typically get an officer out to the property in 48 hours. If no one is home, we do a lock out, where I call a lock smith to come over and secure the home with new locks and the whole time, the Sheriff is there with us.
If this is something you have to end up doing, please take the necessary steps to ensure your families protection and be sure you are following all legal requirements so, it may be in your best interest to consult an Attorney.