closing and vacating

Asked by Judy Currie, Gray Court, SC Sun Nov 29, 2009

we are selling our home and wonder when the house has to be vacated? if we have to vacate on closing and have not recieved the funds from selling. how can we move on that day?

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Brian & Bran…, Agent, Elgin, SC
Sun Nov 29, 2009
Hello Judy,
Many people like to take possession of the home they are buying the day of closing, but if the buyer agrees, you can vacate 24 or 48 hours after closing. It could even be extended up to 5 days!

On page 2 of the Contract of Sell, (paragraph 7A & B) it should stipulate that the seller, in this case, you, will "be obligated to vacate and give possession of the Property (free of defects and in clean condition) to Buyer at closing" or 24- 48 hours after closing -whichever was initialed by you and the buyer! With that being said, section B of paragraph 7 says that "If buyer has provided written loan commitment without additional conditions" or "Buyer has met the terms and conditions" of a cash transaction, "but has not closed within the stipulated time limit of (the) Contract, both parties agree to extend (the) Contract for a period not to exceed 5 business Days"
Many people have a moving truck ready, rent a storage facility or ask to move in their new home early!
Hope everything works out! - Call me if I can ever help in any way!
Very Respectfully,
Brandy Bradley
Citadel '08
0 votes
Maureen Cody, , Charleston, SC
Sun Nov 29, 2009
Hi Judy ,

If you think you might be running into a conflict for packing up the truck and moving out before closing, you might want to consider a few possilbe options:

* asking your agent to speak with the other agent to see if the buyers would allow you to stay in the house one more night at a pro-rated rental fee

* moving your things out a day ahead of time/or early that morning into a moving truck and keeping your belongings on the truck to be delivered to your new home the following day.

* ask the owners of the place you are moving into if you can move your things in a day or two ahead of closing

If it is any consolation, everyone who closes on a home runs into this dilemna ....and things always have a way of working out.

Start communicating with your you can talk through all options until you are able to arrive at a solution.

Best of luck!!


Maureen Cody
c: 843-323-1013
f: 843-278-9262
0 votes
Mark Brian, Agent, Anderson, SC
Sun Nov 29, 2009
Your contract should state when possession will occur and your agent should be able to tell you when this exactly is. It is normal for it to occur at closing.
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