my mothers home was sold in a short sale and the buyer gave us 14 days to vacate the property. is this legal?

Asked by Judy Gilbride, Pacifica, CA Wed Oct 26, 2011

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Dan Tabit, Agent, Issaquah, WA
Wed Oct 26, 2011
I would have advised the buyer to require you to vacate prior to closing. Since you are still there, you may have certain rights as a tenant. I've attached the California Landlord Tenant Rights handbook through the link below. You should start there, but also consider a few things.
The buyer has done your mother a huge favor. A short sale benefits your mom through less credit damage than a foreclosure and a quicker recovery time for her to be able to obtain a mortgage again. While you may be able to exercise your "rights" and insist on a longer stay, you should have been preparing for a move knowing this day was coming. By complicating this for the buyer, you will contribute to the nightmare buyers already have gone through waiting out a short sale. You may be able to negotiate a longer stay, but I encourage you to be reasonable and consider the benefit your mom recieved by getting this over with.
1 vote
Don Tepper, Agent, Burke, VA
Wed Oct 26, 2011
Why wouldn't it be? The instant the property was sold, your mother no longer was the owner and so you were no longer entitled to stay there. It's the buyer's now. As others note, allowing you to stay in his house for 14 days sounds very generous--and quite legal--to me.
0 votes
Shane Milne, Mortgage Broker Or Lender, South Jordan, UT
Wed Oct 26, 2011
Considering that here in California possession is typically 5PM the day of closing (i.e. recording), an extra 14 days to remain in the home sounds like a generous amount of time to me.

However it will all be spelled out in the purchase agreement she signed, if it's a standard California Purchase Agreement on the CAR form then this would be on the 1st page, #3, under "CLOSING AND OCCUPANCY", letter B, "Occupancy should be delivered to Buyer at __________ AM/PM, on the day of Close of Escrow / on _________ / or no later than _______ Days after the Close of Escrow".
0 votes
Jim Simms, Mortgage Broker Or Lender, Louisville, KY
Wed Oct 26, 2011
Yes, the buyer can allow you to stay for 14 days, nothing illegal about that, actually sounds generous to me. If the contract your mother signed stated a possession date, it is up to the buyer if they are willing to let you stay a little longer.
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