Sharder, Home Buyer in 95758

seller failed to provide property on closing date causing us to push the date to another week. The new date is causing an issue with our move out

Asked by Sharder, 95758 Wed Aug 28, 2013

seller has tenants that have not moved out causing a set back in closing...We don't have any guarantees that the tenants will be moved out and home ready for our move. We have given our 30 days and need to be on the date of the new close. What should we do?

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Pat & Steve…, Agent, Westlake, OH
Sat Oct 12, 2013
I suggest that you consult with an Attorney who handles residential real estate matters ASAP.
1 vote
JR Thrasher, Agent, San Diego, CA
Fri Aug 30, 2013
Hang tight and stay flexible. Talk to your landlord and explain the situation. Don't let your deal close with the tenants in possession of your new home. If you do you will be on the hook for getting them out.

J.R. Thrasher
1 vote
Sue Archer R…, Agent, Palm Harbor, FL
Thu Aug 29, 2013
I agree with Keisha, this is where the buyer's agent should be using their phenomenal negotiating skills to determine some solutions. And that should have started 2 weeks before your schedule close of escrow date.

First Identify all of the parties: there's the seller, the tenants, your lender (I'm assuming), you as the buyer and your two agents. Anyone else?

Next, you're saying that the delay is one more week. Are you sure? What will happen if they're not out in another week? Why is the tenant delayed? What is it costing you? (will your loan rate expire? cost to extend your current housing? pay for a hotel or extra storage during the interim? other costs?) What is the impact on the seller for the delay?

What are you options? sit and wait? Cancel the contract? any way to compel them to complete the contract? Once you have all the factors identified, then you can consider options. To sit and wait is not a good solution. Experience has shown me that the delay could be longer, the home may not be transferred clean and in good other words you're at the mercy of everyone else and that provides a sour taste as you move into your new home.

In terms of legal actions, the contract states everything. You can always have a lawyer try to enforce the contract but that's most likely going to create more just want the home. Still you may want to consult with an attorney to get their view as well.

My best suggestion is to not wait and do nothing. The seller and tenant are not performing according to the contract. What's to say when and under what condition they will provide you the property?
1 vote
Jason Walter, Agent, Sacramento, CA
Tue Dec 3, 2013
I'm sorry to hear about this problem. It's been a few months since then so can you give us an update on what happened?
0 votes
Anthony "Ton…, Agent, Robbinsville, NJ
Sat Oct 12, 2013
Do you have an attorney representing you? If so, what are they saying?
0 votes
Keisha Mathe…, Agent, Elk Grove, CA
Wed Aug 28, 2013
That is a really unfortunate situation Sharder.

Hindsight is of little use for you now so I won't go there. So what can you do now?

Sounds like you should first try to see if you can stay where you are by requesting a per diem rate for each day you stay beyond the day you were to vacate. If that doesn't work, prepare to find somewhere else to stay. Perhaps have the seller pick up the tab and reimburse you.

As I make these suggestions, a lightbulb went on and I asked myself "where is the buyer's agent in all of this?" Have you discussed this with your agent? Your agent should be the one brainstorming trying to determine your best course of action. They would know your transaction better than anyone on this thread and that's what they get paid the big bucks for! :)

Perhapd you may get a few additional ideas from other agents on here, but take them back to your agent so that they can help you navigate through the rest of your transaction. Sounds like you re very close despite the minor setback. I am sure it can be overcome if cooler heads prevail. Hang in there!

Keisha Mathews, REALTOR®
CDPE®, HRC®, HAFA® Certified
SAR Masters Club Member 2012
SAR Masters Club Steering Committee
Mathews & Co. Realty Group
@ Century 21 Landmark Network
(916) 370-1803 cell
lic#: 01439130
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