Yes, you can. I had this issue come up once with a buyer (I was representing the seller). The buyer wanted everything moved out for the final walk through. I contacted the Legal division at California Association of Realtors to make sure the seller didn't have to move everything out for the final walk through and the Attorney advised me that the seller doesn't have to have everything moved out until time of possession. In today's market, this is not uncommon as deals can still not close up until the last minute.
As previously stated, that should be worked out ahead of time within the purchase agreement. If it wasn't addressed up front, just have the agents representing you and the buyer discuss it and come to an agreement. It is a relatively minor detail and can be easily handled. Great question though. I'm sure there are others who have the same thought.
I would suggest however that you not sign a verification of property if it is being requested of you until you take possession and see that everything is the same as when you put in the other.
If the home appears to be damaged in some way or they didn't complete the request for repairs your only recourse is to sue them afterwards. You can't not complete your obligation to close unless all parties agreed to that when the offer was first made.
They do it differently in Northern California, with the seller moving out, on the day escrow closes.
Does this appoach lend itself to developing problems? I have to say, I can only see difficulty with this arrangement.
In addition to that, MOST such transactions - again, in THIS area - have a COE+2 or 3 provision, giving the outgoing seller 2 or 3 days to vacate the property AFTER the escrow has closed. That is a customary policy in this area, for an equity seller. ( Owner occupant.)
That does NOT include sales where the seller is short selling the property, in which case the contract should require that THAT type of seller, be out of the property prior to close of escrow. It also does NOT include tenant occupied properties, in that a tenant should also vacate the premises prior to the close.
Those are the way transactions are usually done in this area. If your agent did things differently, it's up to what you've agreed to, in the purchase contract.
Good luck having a successful close.
Were I advising you as a buyer broker I would suggest that you refuse to close until all the furniture had been removed so that you could then do a final walk through to confirm that the Sellers had not damaged anything during the move, that rugs weren't hiding stained hardwood floors, and that the house was left "broom clean" as nearly all real estate contract specify.
Best of luck of luck to you and I hope you enjoy your new home.
As far as removal of furniture, this does not have to happen prior to the final walk through unless there is some separate agreement between the buyer and seller. There is always some risk that the seller does damage moving the furniture after the final walk through. I typically reccomend the seller deliver possession to the buyer one to three days after the close of escrow and also have the home cleaned professionally. I also reccomend both the buyer's and seller's agents be present at final walk through and delivery of possession.
Realty ONE Group
Laguna Design Center
23811 Aliso Creek Rd. #181
Laguna Niguel, CA 92677
Just had this happen in PA. I represented the seller and the moving truck was a. late and b. estimated the job wrong and had to send another truck to wrap it up.
The walk thru was possible but the sellers were furious. When it came down to it the house still had furniture in it and they were just upset they would have to pay their truck/stuff to sit and wait.
Thankfully the seller said she'd cover that hour (It turned out to be just 15 minutes of a wait).
I would suggest to get everything out as close to the final walk thru if possible or have the two agents in the know before this to ensure all sides are good with it.