Question

How can you force the seller of the house out if they are not willing to move out on the agreed closing date?

We have a contract stating the closing date is June 28th. Now they say they can not move out until July 20th. We chose the 28th to accomodate them already. We will be staying with a friend in his basement and our stuff will be in storage. We will have to stay longer and pay more in storage fees if they do not move.

7 years ago - 16 answers

Best Answer

Chosen by Asker

We had a similar situation. The sellers couldn't get out on the closing date so we negotiated a rent payment with them for the 2 months that they remained in our house.

7 years ago

Other Answers

You just sue for your losses and additional fees.

by General C - 7 years ago

yes...once you've closed, they have 30 days to get out..you could probably sue for what it's going to cost you to put off your move

by Anne - 7 years ago

You can sue under terms of contract

by telmealing - 7 years ago

Tell them their plan is unacceptable. You are accomodating them with the closing date, they should be out on the agreed date.

Source(s)

by I know, I know!!!! - 7 years ago

iv would say make them pay rent... They will have to untill they move out so you let them choose to either move out or pay the rent which should pay for the storage fee and a little extra!!

by Grizz - 7 years ago

Charge them another months rent , these people are not stupid as they know the procedures required to toss them will take longer to implement than July 20th....

by Chuck T - 7 years ago

Consult a real estate attorney to see if you can collect damages. Your real estate agent should have never allowed this to happen. Good Luck.

by I drive fire trucks - 7 years ago

Buy some tapes of halloween sound effects, set up a speaker system outside of the windows late at night and play the tape. As you are doing this, put on some old white sheets with holes cut out for the eyes, and perhaps even with some bike chains draped around your neck and shoulders, and move around them menacingly. You'll be sure to care those suckers right out of the house, and maybe even the entire town!!!!

by MikeyG - 7 years ago

ask for an addendum to the contract which allows for the costs of your stay and storage of furniture. And both of you initial that addendum. Which means either the cost of the house will be less or they will pay some of your closing costs, or pay you by check at the time of closing, etc. Be sure to keep all your receipts so you can prove what this cost you. I don't believe paying a friend is considered a cost in this situation. If you were at a hotel then that "would" count toward reimbursement. And, if they don't pay then after the sale is concluded you can go after them in court (but you must have that initialled addendum plus a date and move-out date).

Sounds to me like you didn't go thru a realtor or the realtor would be solving this with their attorney per the contract or negotiating the contract for you.

by sophieb - 7 years ago

must give them a time is of the essence, to force the closing now

are they going to delay the clossing?if not make clossing condtional on them moving out

by goz1111 - 7 years ago

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by crazynate104 - 7 years ago

The sellers agreed in writing to move out on June 28th . Assuming that a possession clause and a doctrine of merger exists in the purchase agreement they would be in violation of their agreement after closing if they do not move out and you would have to contact an attorney to determine your damages.
If on the other hand you do not have such clauses or you do not have a seller occupancy agreement drawn up allowing them to stay after closing, then after closing the sellers will become your tenants and by your state's landlord tenant act they will be considered tenants holding over without permission and you will need to proceed to evict them as you would any other tenant in addition to claiming the expenses of such eviction.
Good luck

Source(s)

by newmexicorealestateforms - 7 years ago

What does it say in your purchase agreement? Typically you'd be entitled to rent from the seller, but didn't your realtor write that in your purchase agreement? Did you have a realtor?

by cardinalboy97 - 7 years ago

You have a legal binding contract of sale (offer to purchase) which indicates June 28 as a closing date. There is no reason YOU should be inconvenienced in this fashion, since THEY are the cause of the problem. THEY can find a place to rent for the interim. If you agree to let them stay for a daily rental fee, do not be afraid to make the rent sufficiently high to give them a good reason to reconsider and move out.

by acermill - 7 years ago

Unless your Realtor is psychic, he had no way of knowing that the sellers were going to change their plans on you. But now that they have (and thank goodness they've given you THIS much notice about it), you need to review your options.

1 - Tell them that you'll only close if you can do a final walk-thru of a vacant house. They should put their stuff in storage and stay at a friend's house or rent a motel for a while.

2 - Do an ammendment to the contract calling for rent to be paid to you for the time they'll stay after closing. (I don't recommend this option as they may tell you at the end of July that they don't have anywhere to go...)

3 - Change the closing date to July 21st. Close on an empty house. Adjust the sales price or terms to compensate you.

4 - Wait until June 28th and if they haven't moved out, don't close. Ask for your earnest money and compensation for other expenses you've incurred.

by teran_realtor - 7 years ago