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OK i made an offer on a home on May 1, and it was accepted that same day. My realtor called me on May 6th and said that there was a funeral at the end of June that the sellers wanted to attend, but they are moving out of state, and they wanted to stay until then. She said that I had the option to let them stay, or not, and that that was an acceptable decision. Obviously i said no, and the contract states Possession upon Closing.

Now on June 11, 1 day past my original closing date, I called my realtor to check on the status of the transaction, and she mentioned that the sellers would get 10 days after closing to move out. I was not aware of this, she never told that to me prior, and I was thinking that “possession upon closing” means that the home is mine. The seller is going to live in my house on my insurance untl June 26th, almost 2 months after my offer. Is this legal? Can i do anything about that?

8 Thoughts on Bought a home that someone was living in, have a little hiccup.?
  1. Reply
    September 14, 2012 at 4:49 pm

    Yes, unfortunately it is. What you can do though is charge them rent. We had the same type of agreement when I purchased my home and if they were not out by closing, they could stay longer, but they would have to pay me rent for every DAY that they were there. Also, inspect the property on the day you take possession and go around with a video camera recording it. This way if they damage the property in anyway, they are liable for it and not you.

  2. Reply
    ♥GyMnaSt FoR LifE♥
    September 14, 2012 at 4:57 pm

    Depends on your state and their laws.. what realator do you have? and i also think its illegal if they dont give you this info prior to it.

  3. Reply
    September 14, 2012 at 5:14 pm

    READ the papers you signed, this doesn’t sound right at all! Once you close the house is YOURS!

  4. Reply
    Steve D
    September 14, 2012 at 5:18 pm

    If you haven’t closed, push the closing date back to the 26th – this takes out the “renters” problem and also saves you some money in upfront pre-paids (fewer days to pay for June).

    Your other option is to decline to rent to them past whatever day you close. They will have to vacate the house as of the closing date. Talk to your agent about your options,but let her know that you are not planning on renting to the current owners and that you will walk away from the deal as renting was not in the original contract. BTW, if you really want them out, charge them some astronomical daily rent, like $ 500 a day. After all, it is your house after closing.

    Your original offer date is a moot point since the sellers own the home right up until you sign the final closing documents.

  5. Reply
    September 14, 2012 at 5:24 pm

    You don’t have to let them stay. Your realtor is not representing you properly.

    You do not have to let the deal go through until you have done a walk- through. (An inspection of the premises to see if anybody is living there.)

    The escrow will obey your instructions.

    Suppose they decided to stay on after that?

  6. Reply
    September 14, 2012 at 5:25 pm

    Your real estate agent is not doing a good job for you. If this real estate agent is acting as both the selling agent and the buyer’s agent then she is doing more for the sellers.

    If you have not signed any closing documents, make sure that they include that the property should be vacant upon closing. You can also amend the original contract to this effect.

    Sellers that stay after closing, in my opinion are difficult to remove once the transaction close and will refuse to pay rent.

    Tell this real estate agent that nothing happens on this transaction until the property is vacant, all the items owned by the current occupants are removed from the property. Anything left becomes property of the new owner.

    If your real estate agent fail to take action call your escrow closing agent and tell them you need to have an escrow amendment made with the above statement and that when it is prepared the sellers should sign it after they have signed you will come into the office to sign the document.

    The escrow closing agent, real estate and all that are involved in this transaction work for you, once the closing occur you would have paid them in some method for their services.

    I hope this has been of some use to you, good luck.

    “FIGHT ON”

  7. Reply
    September 14, 2012 at 5:29 pm

    Cancel your deal and run away. In early May, they told you of a Funeral that they wanted to attend at the end of June? Thes people are killers and plan their hits (don’t even conceal the fact) almost two months in advance.

    Change your name, cancel all credit cards, erase your computer history (delete this question ASAP) and stop answering the phone.

    Get into witness protection at all costs!

  8. Reply
    Positively Pink
    September 14, 2012 at 6:17 pm

    First of all, I’m shocked that they would have almost 2 months notice to attend a funeral. Those usually happen right after the death, not two months later. I guess there could be odd circumstances that created that situation but it’s still a bit odd. It really doesn’t matter to you though.

    I think you should take the advice of other answers and not allow them to stay. You have that right as once you sign the documents at closing it becomes your house. You have the right to allow or not allow anyone to live there past closing date. Plus, they would be living there on your dime as your insurance would go into effect right after closing. That means you would be liable for any injuries to them or their guests, plus any damage to the house. That’s just insane and way too much to ask of you.

    I think you should bypass your realtor all together (he/she isn’t representing you and your best interest very well here) and get in contact with the closing agent to make sure these people have to be out. You can’t be forced to allow them to live there. You stated at the beginning you didn’t want them living there past closing and you had no intention of letting strangers live in your house. Make sure you get the contract written to force the people to be completely out (their belongings included) of the house as of closing day. Period! Refuse to close the deal for anything but the sellers being out of the house. You can either walk away or post-pone the closing until the 26th but you can also force the closing to happen now and the sellers moving out.

    I hope you get everything done and get your house to yourself. There is no reason you should have to be on the hook for these people. Their situation of losing a family member or friend is unfortunate but they can’t take advantage of you either.

    Good luck.

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