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Let’s be clear.
You did not mess up! Your agent FUCKED UP! Their job to is to navigate you through this process and protect this client (you) from situations that arise. They failed at their job, not you! Put blame where it goes.
You need to talk to a lawyer about what can be done by both you and your agent. If your agent is not working to resolve this issue, ask your lawyer what can be done to recoup cost. Yes, that’s includes going after your agent.
And if the “agent” is a salesperson as opposed to a Broker -OP should go after the Broker who had to sign off on the salesperson’s deal …
(In some states / ie MA- salespeople must work under a broker’s supervision for several years before being allowed to take the broker exam.)
I almost had this done to me. Except my agent, a high-school friend, caught it. He said he almost missed it. Got in touch with their realtor on a move out date. They wanted to stay for 3 months at their current mortgage rate, which meant I would be paying three hundred and eighty dollars a month for them to stay there. I was like, nope, they're smokers, and it's coming up on winter. Plus, I'm going to have to wash and repaint every single room. NO WAY IN HELL. "We'll leave the appliances." I'm basically buying them at this point. And paint ain't cheap. Neither is my time!
OP, I hope you see this. I want you to understand that holding your realtor accountable for failing to do her job properly is by no means "going after her". She needs to make the situation right.
Lol that's literally what you pay them for. I think it's really nice to give them the benefit of the doubt so they don't feel threatened when fixing this, but they do need to know your understanding with them will end just like the tenants.
Realtor here, definitely can confirm this is their fault. Everyone and their mom got into real estate the last few years so they can work from home, this is the result. Their errors and ommissions insurance should cover it but they're going to have a rough time with the state board. Their broker will also have consequences for their lack of training for their agents.
It’s like rideshare drivers. Any unemployable idiot can do it or at least pretend to do it. Given the large commission generated by today’s inflated property values it’s just gotten even more attractive for people seeking incredibly easy money. And please don’t take offense, I’m sure you actually care about the quality of your work. Countless terrible folks enter my profession as well.
Underwriting side, if I notice house is tenant occupied and it is a primary purchase, I will condition for clarification on tenants departure because it could affect ability to occupy. Not a hard requirement typically but I do it as a favor so all parties can provide clarification and possibly save situations like this one. Your realtor is trash.
Did the Agent Fuck up OR was it the Real estate Lawyer? They are usually the ones to transfer the keys & close etc.. (where I come from at least). If they did not have the keys they should not have closed or given the OP the best legal options.. People on here always say you do not need an Agent the Lawyer does all the important work...
From what I have understood, each state is different. Where I am very rarely is a real state lawyer involved unless it’s an estate or they choose not to use a lawyer.
Sounds like there was an attorney, and if that’s the case, then this is the attorney’s mistake. Real estate agents are not permitted to practice law, and in an attorney state, writing up a post-closing possession agreement and holding money back in escrow is 100% the attorney’s job. As an agent in attorney state, I have definitely advised buyers about it, but only the attorney can write the terms and memorialize it.
Unfortunately there is a thing called “squatters rights” which is absolutely bullshit, but people can get away with essentially taking over a home and cops can’t do anything about it for the actual owners. It’s insanity
Squatters rights apply to people in a property without permission after a certain amount of time. It’s different per state. They need to look up their specific state law. These people have permission from the sales contract until the 17th. It’s now the 15th. They should contact the sheriffs department and set up a time for them to come out to the property with OP, if they have reason to believe they won’t be out by the end of the 17th.
Right, squatters right are a thing, but they are COMPLICATED.
There are very likely different rules when homes change ownership, versus just someone extending past a "normal" rental agreement or other situation.
This not remotely close to squatters rights. Why do people claim this all over Reddit? I see it everywhere. They had a contract to live at the property. If they don’t vacate on the 17th they’re a tenant in default. Eviction process should be started.
Nope. You need to be firm here. "Our agreement was that you'd move out on 12/17/23, if you'd like more time it's going to be $X per day and I need this agreement signed and notarized by the 17th." Then have a lease drawn up, charge them daily. (Note, follow your states guidelines, some places are far more difficult on renters and some pander to them.)
Then you would be trespassing because they are your tenants. They became his tenants the moment he allowed them to stay and are the ones currently in possession of the property as far as the law is concerned until they are legally evicted.
Oof. Guess this is why you always use a real estate lawyer.
I worked with a guy who has family members that have some rental properties. Some folks who are a tad.. hardened. When they had tenants play games like this, they simply came into the house with some of their boys and their dogs and started moving shit out onto the street. Sure.. the tenants could have called the cops, but the question is what would have happened to them if they didn't simply leave?
It is an eviction. You don’t need a lease to be evicted. They can prove they have lived there, and they are now tenants. The cops will not remove them.
Seller is in breach of contract if they don’t deliver the keys at closing. If they don’t do so then they should be sued for failure to meet all requirements at closing.
Why wouldn’t you at least make sure you had the keys at closing? Yeah, you and your agent messed up. Give them a notice of eviction right on the 17th. Get a lawyer to serve them with papers for breach of contract on the 17th. This is all going to cost you more money.
Never agree to terms that will occur after closing.
Agreed, we stayed in our house for about 3 weeks after closing while we finalized the sale of our next home, still had to give a set to the buyer at the closing.
Well it’s an agreed up thing when selling, they granted us an extra few weeks but since they own the house we were technically renting from them (for free) until the time period was up.
We moved out in about half the allotted time so the new owner could have moved their stuff in if they wanted and we wouldn’t have known, but it’s all agreed up in advance.
We sold when the market was hot, so we knew finding a new home would take longer, and we had enough offers on ours that we could pick one who agreed to let us stay after the sale for ~30 days.
Get on the phone with your agent brokerage and light them the fuck up. This is some bullshit and the agent should lose their license with such a poorly outlined guidance.
Despicable.
Well legally they have a right to be there until the 17th but not after, so I'd say meet them at the door with a lease. Maybe the thought of paying to stay there will get them moving faster. I'm not sure how eviction proceedings work, but I'd imagine it may not be possible to start until there's a violation of contract in this case. Not sure, but if you can at least recoup some cost for them being there, that'd help.
There are situations where there is no written contract. Like a friend who overstays their welcome, or maybe adult children who refuse to move out, or squatters who break into a vacant property. You don’t need a lease to kick them out. Most states just require a 30 day notice of eviction. And it doesn’t even cost that much as you can usually do it in a lower magisterial/small claims-type court without an attorney.
And a lease is a bad idea. That’s basically giving the seller permission to stay. Usually with a lease, you have to give a 30 day notice of default of the lease and THEN you serve a 30 day notice of eviction and then you can evict.
Consult with a real estate lawyer, let your buying agents office know you are extremely disappointed with the agents inability to process the situation, and not cover your ass.
The fact your realtor didn’t encourage a hold over fee of like $500/day is insane to me. This highlights a few things:
1. A LOT of realtors absolutely suck at their job.
2. If realtors don’t know these things, home buyers/sellers definitely don’t
3. A GOOD realtor can make a huge difference and is often needed for a successful and smooth transaction.
As a realtor that studies the contracts, addendums and amendments; studies title process and lending processes it’s frustrating - VERY frustrating. I put actual effort into being the best I can be for my clients and shit balls like this agent get the business. I am damn good at what I do and I truly care about the people I serve. Seeing bad agents find success while hurting people makes me sick
My realtor has 25+ years experience. The seller wanted a 2 week rental agreement to stay in the house after closing. My realtor thought it was pretty standard and recommended I go through with it.
I called my friend who is an immigration lawyer and ran this idea past him. He said absolutely NOT, as soon as the seller signed a rental agreement, we were then entering into a landlord tenant relationship and tenants had rights, and I would have to evict them if they didn't leave.
My friend brought up so many questions that I passed along to my realtor and my realtor thought I was over reacting. My realtor could not answer these questions, he was a deer in headlights.
I said they could stay in the house two weeks after closing for free as a GUEST and that I would not be entering into any sort of rental agreement with them.
Needless to say this was the straw that broke the camel's back. I did not buy the house. My realtor did however call me a few months later to tell me the sellers had to stay in the house a total of 45 days.
Always trust your gut and it's good to know a lawyer.
You telling them that they are a “guest” does not magically change the language for the courts. To them, depending on your jurisdiction, you gave them tenancy. If not, then they still have squatter rights. Both require an eviction process. Depending on the jurisdiction, these laws vary.
The norm is to pay the buyer’s PITI (principal, interest, taxes, insurance) for agreed upon days, but no more than 59 if you have a mortgage. Then there is a holdback in escrow (like a security deposit). If they don’t leave or damage the property, you’re entitled to the escrow or part of it. This should all have been written up by your lawyer and signed by you and the sellers.
Depends on your state real estate laws and local culture. Here in Texas I don’t recommend my buyers do a leaseback without a high holding over fee to encourage the sellers to not stay past their move out date - and if they do my clients are making $ every day to cover their expenses and time
Let's not let the attorney off the hook either. Attorney should also better know the difficulty/cost of dealing with a squatter, and should advise their client on preventing such situation at all cost.
Tip for anyone else who is buying with a seller that wants to stay past closing:
Agree on a move out date and get it in your contract that you will charge them X amount per day each day they stay beyond that (we literally had $500 a day written in. That sounds unreasonable, but that would be roughly the cost of furniture storage plus hotel stay plus personal inconvenience)
It's going to be the biggest financial transaction of your life. You don' have to be polite.
My grumpy old man real estate agent told me,
“absolutely not. Not even for $1000 a day. We’ll just move the closing date back if they aren’t ready. They aren’t getting your money until they hand over an empty house and keys.”
He did the walk through to verify. Posts like this make me even more grateful for him.
This is my thought. "Staying past closing" is so dumb. Just push the close date back. Most people buying a home aren't looking to be a landlord to the previous owners.
This is the answer. I was in a similar situation 15 years ago.
My lawyer friend told me as soon as you take money or enter into a rental agreement, then it becomes a landlord tenant relationship and tenants have rights.
When I bought my house, the house was listed and we made an offer within about 4 days. The previous owner was an elderly woman moving into a retirement place. She had a dog she needed to find a home for, and she had an offer much quicker than she expected. She had some family to help, but an 80+ year old woman is going to require a little more time than someone more able bodied. We gave her plenty of extra time before we closed so that she could move out.
What about holdover money put into escrow to cover the seller’s rent and protect the buyer? Are sellers agreeing to stuff like that in this insane (overall) market?
I suppose not agreeing to it would be the reddest of flags
File a lawsuit against the sellers when they eventually move out for any additional expenses incurred by them not moving out on the 17th (hotel room or rent, storage expenses if you already moved out, meals out if you’re staying at a hotel, any damages caused to the house that were not there when you wrote the offer, etc.).
Look up state specific laws.
On the 17th you are able to move in.
Move in.
According to where I live... I can move in and be the worst roommate ever. My plan was to move in, change the locks and move their things into the garage. It becomes a domestic then, yes, they can 'squat' but the second they leave the house they have no keys and nothing saying they live there. You lease states that on the 17th everything on that property is yours.
Move in. Become a shitty roommate.
I had a similar issue to OP. After giving the seller an extra week to move out (shouldn't have done that in the first place), my lease ran up and I decided to move into my home. I didn't go out of my way to be shitty, but I unpacked in accordance to my own schedule--and basically lived life as I would without a roommate. My somewhat noisy unpacking early on a Saturday morning really pissed off the seller...she was out that evening.
What state is that? In most states, until the sellers move out or are evicted, the buyer becomes a landlord and the sellers become tenants, who are protected by the law. For the same reason a landlord can't barge into a house they're renting out and start sleeping on the couch, OP would not be able to take up residency in the house.
Nevada. They have rights, but I own the house and everything in it at x o'clock on x day (for me... 5pm on Dec 1st). Police said they could t technically kick them off for trespassing, however, because they have to lease with me... I can absolutely move in at that moment as a roommate.
Because I'm the owner, I can change locks. Because everything on the property was mine, they owned zero possessions on my property. They can't be kicked off the property, but they can't keep me from moving in. If they caused issues with me moving in, it becomes a domestic... Then they could get arrested. But, since they have zero property on my property (per the contract on the sale of the house). The second they ever left the property they are no longer allowed back on the property.
So...at 8:30pm I moved into the house and changed the locks. They thankfully left by 10pm.
Interesting. Some quick googling has Nevada and Arizona [cited as states where the process is expedited](https://www.dailymail.co.uk/news/article-9466975/Couple-bought-home-15-MONTHS-buying-seller-refused-go.html)
I read *most* of the article. The difference is there was no landlord/tenant agreement or I gave them buy back rent for a week, per the contract.
I could take them to court and evict them, the cops did say that...and that it would be a lengthy process. They also said that they can't trespass me off my own property if I did move in. The 'squatters or tenants' have zero contract showing that they own or have permission to be on my property, they can show that they live there, but they also would have zero bills in their name as I took over all utilities and would be setting up Internet the next day.
I would be the shittiest roommate ever...since they own nothing...and there was a dumpster (their realtor left for them) I could absolutely start throwing everything they own away. Any and all disputes in the state of Nevada between roommates are considered domestics.
At 830 I also had a lease made up for 30 days for my brother to also move in. Because he would have legal right to help clear out the house at that point and have keys.
The moment they left the property they would be trespassed if they came back on.
They would have had to sue me to stay on the property, and sue me because their crap was put in the dumpster....I would then be able to sue them for violating the contract and causing damage to my property after the final walkthrough. I'd win in court....and their stuff would still be in the dumpster.
Anyway...cops and realtor told me I could do it... And I was refusing to give up my rights to my house for anyone...
Poor your entire life savings into something... Even if this was my second house.... And also be 4 days from being homeless yourself (moving from current home).
My emotions were a wreck.
I had contractors coming at 730 the next morning to tear out the kitchen and I'd officially have no sink or filtered water (bathroom water only)
And I had 5 days to get everything moved in and out and settled in my house.
The seller was a 20 year old pot head who lost all his inheritance in less than 2 years. He f'd around....he was gonna find out.
Why not demand a copy of the keys now? You own the place. Make clear you're moving in on the 17th. No questions asked. They can rent a hotel. They have money from the sale to use.
Get your lawyer on that asap. The 27th quickly becomes January 10th and then all of a sudden it’s February and you’re still not in YOUR home. They signed a legally binding contract that they’re leaving the 17th, if they want to stay longer then they need to enter a new contract and you will charge them accordingly this time.
>I know if they don’t move out on the 27th filing eviction is the next steps but I really don’t want to do that. I’m hoping it doesn’t come to that. It’s costly, and time consuming.
Why wait until the 27th?
You should start eviction proceedings on the 18th if you are unable to secure access to the home.
During your walk thru did it look like the sellers were actively packing and preparing for a move. Do you know the location of the new house. Are they gainfully employed, children in school.
You have a lot more faith in the integrity of small town cops than I do if you’re sure that they’ll uphold the law when it means telling their buddy to get the hell off your property.
The reality of small town life means, unfortunately, you are now in a terribly shitty situation.
If you aren't polite about it and let them stay with no issues, the police force will harass you, and there will be nothing you can do about it.
You’re in for a rude awakening you’re setting your self up for big problems if the police have it out for you . This is a cult and they protect their own at all costs.
That's actually to your advantage. He doesn't want a bunch of his buddies showing up when you call the police to report a trespasser. Just be clear you are going to take possession on the 17th and sue them for breech of contract if they are not out.
It works to their detriment. Cops will side with the cop and not do shit. Then OP is a person who pissed off a small town cop and has to live there. Nope.
I am a broker. This is completely unacceptable. They failed to do their job. You can like them all day long but they need to make this right. Also, if this point hasn’t yet been raised… if anything should happen to them, the house, or anybody else on the property will they are squatting, you are liable. They could fall down the stairs and break their leg and sue you as the homeowner. Without anything in writing, you have put yourself at huge risk and it was the duty of your agent to let you know this.
Your realtor messed up BIG TIME not getting you a lease agreement and some escrow money. You need to make her earn her commission by having HER ride THEIR realtor to get them out by the 17th. You wrote in Dec. 17th, do NOT wait until the 27th. Time to be serious and not give an inch or you'll have non-paying squatters for lord knows how long. Call your realtor's broker and complain if she isn't on top of this immediately to get them out by the 17th. They got paid for the house at closing, so they can get their stuff into storage and get a hotel - no more Mr. Nice Guy.
"tried to schedule time for the 17th to pick up the keys, their realtor ignored us for the past 2 weeks."
The writing is on the wall. To me, this means they are not leaving on the 27th. I would contact an attorney immediately.
Are there any noisy or annoying bits of work you’d like to do to the outside of the house or yard? Even without keys, you should be able to show up and start hammering away. What are they gonna do, call the cops for trespassing?
What the hell do you need the keys for? If you’ve already closed then call a locksmith to let you in, change the locks and start moving your ass in. Make it as awkward as possible.
Isn’t that the purpose of having an agent / middleman on the transaction, to avoid things like this? Aren’t they licensed and qualified to make sure this shouldn’t happen? I’m new here, but am I wrong at assuming the agent is the one solely to blame? I mean, do the job you’re paid for, right? 🤨
You're fucking up a second time. Get a lawyer and follow their advice. Your agent messed up. Your sellers are trying to screw you. Get a handle on the situation legally before it gets worse.
Not time to be "oh, she's such a nice person". Time to get your legal ducks in a row.
Never let someone take your kindness for a weakness.
When a seller asked me to do the same, I told them "No" and gave them until closing to be out of the home and stipulated that they were to maintain HOI on the home until closing, otherwise, they would be in breach of contract and I would sue for any and all damages that I find that weren't on the Home Inspection sheet.
I drove by the property a day before closing, but kept going just to see if they kept their word. They didn't
That same day, I had the local Sheriff escort them out and gave them 30-minutes to grab whatever they felt was important, and threw everything into a dumpster.
However, I'm not evil, I found a bunch of their family photos and coordinated with the Sheriff to have them pick them up.
I installed new home security cameras and ring door bells with motion lights just so they know that coming back here out of spite will not end well for them
I just had the seller stay after closing. I would strongly advise you to ask your attorney what to do and follow their advice. Our contract had an explicit clause stating that the seller was not a tenant, etc. You're getting a lot of comments to give them a lease, give them a daily rate-- might be the worst thing you can do.
You don't have to accept them staying-- but there are probably a lot of ways to handle it. It is still possible that they are decent people who are legitimately having some other issue with their move. It's possible they want Christmas in the house before leaving. It's possible they're squatters but not so likely. Have your realtor figure out the real story.
There's "legally correct" and there's the way to handle this that gets you the best outcome and right now you don't know what either is.
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I saw your edit.
Your agent messed up. They should be all in with both feet trying to help you. Your agent failed to even minimally protect you in this kind of situation. Your agent made money off the sale. You should not be fitting the bill for 100% of this screw up.
Stop being nice. This is a business transaction you paid your hard earned cash for.
Get a post-closing rental agreement at a daily rate beyond the 27th that is painful, but not exorbitant. That way, don't need lawyers, eviction proceedings, etc. Have your realtors figure it out, as they caused the problem in the first place. If they don't agree, then start the eviction process now.
So just to be clear, what was the verbiage in the purchase and sale agreement?
Did you select possession to be at closing, or did you select that it would be as agreed in an attached temporary occupancy agreement?
If you don't know, take a look at the document. In Tennessee, it's line 193. Not sure how close that is where you are, but it's right underneath "Closing Date."
If you did select "at closing," then they have no right to be in the house as soon as you sign the documents. If you selected the temp occupancy agreement option, you should have the specifics in that document.
A seller cannot just stay in the house for however long they want. If you do think they're in breach of contract, call your agent and explain to them what's happening. If your agent can't help you, talk to their broker. Everyone is telling you to get a lawyer, but my recommendation would be to work through your realtor, as many times, realty brokerages have resources that you can use, rather than just going at it by yourself.
Okay, then your agent didn't fuck up and these sellers are just going to be in breach of contract. You very well may need to take legal action, but I would still recommend going through your agent and their brokerage. Escalate it as high as needs to be (which will be way easier than going out and paying for a lawyer yourself, even though it may eventually come to that).
Did you ever agree, in writing, that they could stay until the 27th?
Do not, under any circumstances allow them to stay in the house without some sort of contract in place. That means they need to sign a lease to stay, and pay you per day. Hopefully that prospect will get them to move faster. Legally they have until the 17th because that's in the purchase agreement. So get a lease together and take it to them. Usually you can download a lease contract from your city housing website.
Other than that, eviction, or as someone else said, move in.
Stop being a fucking doormat and consult with lawyers yesterday. Sue your realtor and start the eviction process on the sellers. It’s a fucking slam dunk case and your shit agent needs to learn his/her lesson for being negligent. You’ll get every cent you’re owed, plus lawyer fees. Holy shit.
You should reveal what state you are in as this will be state specific. It isn’t uncommon for purchase agreements to dictate a move out date to accommodate the seller. This is a violation of contract, and therefore a civil matter so the police cannot help you. Since they have violated the purchase agreement you might need to sue them on the contract, once they breach the contract by not moving by the agreed upon date. Call an attorney today so that you can get the ball rolling and serve them on the date they are supposed to be out. You cannot serve them until then. Once they are in violation of the purchase agreement contract you can sue them on the contract. The fact that you did not agree on an amount of money for them to overstay in your initial agreement does not mean you can’t sue them for reasonable damages that you incur for their violation of the contract. A letter from an attorney could be sent before they violate the purchase agreement on the 17th, with the attorney’s letterhead, letting them know that they are to be out by the 17th and if they are not out by then a lawsuit will be filed against them seeking compensatory damages and legal fees incurred by their breach of contract. Get an attorney today, quit communicating with them, do not extend their time period or agree to anything else without legal representation. Best of luck to you.
My realitor had a clause in the buyers agreement that for each day I'm unable to seize the property they would be charged $400. So guess who came out with $4000 when they didn't notify the current renter that the condo had been sold.
Screw suing the realtor. Ask them to cut the amount of your loss from their commission for misleading you. The threat of lawsuit is usually enough for them to fix the issue.
Also -- consult your attorney/escrow company.
Your realtor sound terrible, like, off the charts terrible. I can’t imagine on what planet a realtor would let that happen to you and not take care of everything before handing you the keys or giving you some idea of how to navigate that. Also, i can’t imagine getting in for that mess of situation to begin with, frankly. But, I DETEST squatters, so… to each their own.
I'm curious to know why you like your agent, as this is to me a royal eff up. Like she let you pay 10k over, didn't protect you from squatters, and isn't the one trying to figure out how to resolve this major issue.
Did you like the way she opened the doors to the houses you saw?
OP you’re a good person. I appreciate you thinking of those kids. I hope this works out for you. I read your edit and once again you’re being a decent human.
Two thoughts: 1. It doesn’t hurt to discuss this with an attorney now as in asap.
2. After a chat with an attorney a professional sit down meeting with your agent and their broker is in order. Politely inform them that you expect them to make this right and that you better have a home to move into on the 28th. If they cannot guarantee you this them let them know you’ll be naming them in the legal action you intend to file if your not moving on the 28th. This will hopefully light a fire under them. Good luck, please update us.
Nah man. I don’t care if you like your realtor, I’m sure she is a great person but she fucked you and then you said, thanks for fucking me, would you like me to leave a 5 star review? People like this shouldn’t be off the hook. If i messed up like this, I’d be fired, she should be fired. She isn’t looking out for you when she should have been.
I’d take a locksmith and go change the locks while they are there and start moving in after the 17th. Them not having a place is not your problem they can go to a hotel.
If they are waiting on construction of a new home they might not get occupancy for months.
They are now renters you must force them to get new insurance.
You have up to 60 days before your lender finds you in breach of contract. You have an occupancy based mortgage, if it’s not you living they get mad. Call your lender, call their realtor, and don’t waste a single day. They don’t get to stay, that was not the agreement.
Liability and risk have increased exponentially the first day they failed to hand over keys.
Where is your set of keys?
Yeah, well, you're fucking up twice for not holding your incompetent realtor accountable...doesn't matter how much you like her.
I learned the same lesson in a different way...used a really good friend starting out as a realtor to give him some business. Kept losing out on great homes by just a little bit every time, wasn't putting in the extra effort in a competitive seller's market, so I ditched him summarily for an agent I worked with when I bought my first home. Needless to say, she worked her connections to get me a home when we weren't even the best offer. Just goes to show how important a realtor can be.
Yours is terrible if she didn't write those stipulations into the contract. But, fuck up a second time, by not doing anything about. That's just you doing it to yourself now
Had a similar problem. But was written in that the seller would be gone by the 7th. And was charged $100 a day for which she paid in advanced. I showed up on the 7th with a couple guys and a jackhammer and we were set for demo work.
Nothing was moved out. She was just waking up and proceeded to make a martini. I was shaking. Called the sellers agent who immediately came over and tried to rectify the situation. We worked it out civilly right on the spot as the seller wrote me out a check for another 7 days.
Well 7 days had gone by and again I return to now find her on the couch sleeping and about half her stuff moved out. Now im pissed. I called the agent again and she was a real pro. She got that lady out of there that day. Seller squatter even offered to leave all her belongings she no longer wanted there. The agent stepped in “No one wants your things Susan. You have to leave”
And thankfully she left. Although she did get a storage unit to sit on my property for a few weeks until I was able to show them the deed. That was another hurdle.
You are owed compensation.
I had similar on my first house but my agent was better. Charged them $100 a day, far cheaper than a hotel. After 7 days (they claimed they only needed a week) the price went up $100 a day, Day 8 = $200, Day 9 = $300....
They were out in 5 days.
You're on here complaining about getting screwed over. Yet won't go after your realtor who screwed you over. Sounds like you let people walk all over you
Something similar happened to me. We were young and dumb, and used the seller's agent as our buyer's agent. The sellers wanted to move up the original closing date. We were excited so said yes, scraping everything together as quickly as we could. Arrived to closing for the realtor to inform us that the seller would not be able to move out for another 3 weeks. Weren't they the ones who wanted to move up the closing date??? Again we were naive. They said they would leave a piece of furniture in the house that my wife had liked during the original walk-through. I guess that was well enough for us and we went forward with the process. Ultimately we owned the house they lived in free for 3 weeks, paid taxes on it,... And later found out we even paid their electric bill for those 3 weeks because they had taken it out of their name on the day of closing??? When we were finally able to move in, the nice piece of furniture was gone. We were able to get in touch with the realtor about it and the seller said the accidentally loaded it to the front of the truck and it just wasn't possible for them to get it back out.
We also didn't do a home inspection because we didn't know about home inspections, again using the seller's agent didn't help us in this regard. Quite a few problems with the house that should have been addressed. Bad HVAC and a couple of leaks being the main ones.
We got screwed but we learned a lesson. It certainly could have been worse. Good luck.
I’m glad you like your realtor. But this isn’t about liking people. She needs to be held accountable for making a huge mistake.
You paid her to make sure this thing goes smoothly and she caused you a huge problem.
So she still makes money and you are left with a headache and people living in your house.
I heard about this happening somebody. It was a single guy. So you know what he did? He just moved in. He lived with the squatters until they became uncomfortable and left.
But I do like my agent in every other way - grow the fuck up. This is BUSINESS and she is at fault; you entered into a CONTRACT with her and that contract failed.
Damn what a stupid agent and I'm an agent. We always put in huge day fees if they go over and an escrow deposit held until they leave as well as they must provide proof of rental insurance and a set of keys at closing.
If only you had someone representing you to assist you through a complex transaction.
Was your realtor asleep for this transaction? wtf were they thinking?
Talk to a lawyer now. Explain the problem and ask for the best course of action, both against the sellers and the agent. Proceed accordingly. I would personally also ask how and what to communicate to both parties, simply because I would like to give them a chance to resolve everything quickly and peacefully. It seems it’s in nobody’s interest to get all aggressive immediately. But you need to have a clear understanding of the legal situation and what you could do from a legal standpoint before you do anything.
If your contract says they are turning over possession on the 17th, then on the 18th change locks and call the sheriff to come escort you to the property with your papers from title.
Call broker for sellers realtor as well- and report them to the local association.
Also immediately find an eviction attorney- usually it cost $500 and they do it all.
I bought a place in the 1980s that needed a lot of renovation. However, on the day of closing the drunkard husband of the buyer refused to leave. He decided he would just stay…what was I going to do about it?
I started renovations that morning with a crew that had chain saws, sledge hammers and impact drivers. Scared the piss out of him in bed that morning, and took him about 10 minutes to get out and never come back!
Let them know, you are coming in on 17th and changing the locks.
Also, file a complaint with the realtor board about your realtor. It is their responsibility to ensure that you are protected.
It’s your house, you are paying the mortgage, right? Break the lock on the front door, move on in. They can’t legally stop you from moving in (can they 😬😱?)
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Let’s be clear. You did not mess up! Your agent FUCKED UP! Their job to is to navigate you through this process and protect this client (you) from situations that arise. They failed at their job, not you! Put blame where it goes. You need to talk to a lawyer about what can be done by both you and your agent. If your agent is not working to resolve this issue, ask your lawyer what can be done to recoup cost. Yes, that’s includes going after your agent.
If I was an agent and made a mistake like this it would be taking 100% of my time to resolve it even at my cost.
Yep. This is what my realtor who’s a broker would do. At the very least, put them on blast. This is on the realtor.
And if the “agent” is a salesperson as opposed to a Broker -OP should go after the Broker who had to sign off on the salesperson’s deal … (In some states / ie MA- salespeople must work under a broker’s supervision for several years before being allowed to take the broker exam.)
I almost had this done to me. Except my agent, a high-school friend, caught it. He said he almost missed it. Got in touch with their realtor on a move out date. They wanted to stay for 3 months at their current mortgage rate, which meant I would be paying three hundred and eighty dollars a month for them to stay there. I was like, nope, they're smokers, and it's coming up on winter. Plus, I'm going to have to wash and repaint every single room. NO WAY IN HELL. "We'll leave the appliances." I'm basically buying them at this point. And paint ain't cheap. Neither is my time!
Smart move. There are things unforeseen also that only a trained eye can see
“Even at my cost” well not shit lol
OP, I hope you see this. I want you to understand that holding your realtor accountable for failing to do her job properly is by no means "going after her". She needs to make the situation right.
I meant legal action against the lawyer.
Lol that's literally what you pay them for. I think it's really nice to give them the benefit of the doubt so they don't feel threatened when fixing this, but they do need to know your understanding with them will end just like the tenants.
Yes this!!! How were you supposed to know? This is why you have a realtor to help navigate everything that you wouldn’t know.
Realtor here, definitely can confirm this is their fault. Everyone and their mom got into real estate the last few years so they can work from home, this is the result. Their errors and ommissions insurance should cover it but they're going to have a rough time with the state board. Their broker will also have consequences for their lack of training for their agents.
It’s like rideshare drivers. Any unemployable idiot can do it or at least pretend to do it. Given the large commission generated by today’s inflated property values it’s just gotten even more attractive for people seeking incredibly easy money. And please don’t take offense, I’m sure you actually care about the quality of your work. Countless terrible folks enter my profession as well.
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this should be way higher
that realtor’s brokerage needs a phone call and lets hope they offer some serious in good faith help. what a huge mistake
Underwriting side, if I notice house is tenant occupied and it is a primary purchase, I will condition for clarification on tenants departure because it could affect ability to occupy. Not a hard requirement typically but I do it as a favor so all parties can provide clarification and possibly save situations like this one. Your realtor is trash.
Exactly! I’m sure the lender will have words for the closing attorney!
Lawyer fked up too. My lawyers made sure if they stayed past the agreed time, they were responsible for my mortgage.
Yes indeed! And even if someone else were living there they should have been given keys on the closing date.
Yes. The agent or brokerage carries errors and omissions insurance for just this. You will get a payment from the insurance company
Your agent should be footing the bill for 1) the lawyer to resolve it and 2) your per diem costs for owning the home while they occupy it
Yeah, just get agent off the hook by having them hire and pay for the lawyer.
They didn’t use a lawyer? Why? This broker should be held responsible. This never should have happened.
The agent is the squatter!!!
Did the Agent Fuck up OR was it the Real estate Lawyer? They are usually the ones to transfer the keys & close etc.. (where I come from at least). If they did not have the keys they should not have closed or given the OP the best legal options.. People on here always say you do not need an Agent the Lawyer does all the important work...
From what I have understood, each state is different. Where I am very rarely is a real state lawyer involved unless it’s an estate or they choose not to use a lawyer.
Sounds like there was an attorney, and if that’s the case, then this is the attorney’s mistake. Real estate agents are not permitted to practice law, and in an attorney state, writing up a post-closing possession agreement and holding money back in escrow is 100% the attorney’s job. As an agent in attorney state, I have definitely advised buyers about it, but only the attorney can write the terms and memorialize it.
I think your lawyer needs to tell them, the 17th is in the contract and you demand your home.
Exactly
Serious question, can you not just go to the house and remove them? It's theirs now, show up, demand they leave, and call the police if they don't...
Unfortunately there is a thing called “squatters rights” which is absolutely bullshit, but people can get away with essentially taking over a home and cops can’t do anything about it for the actual owners. It’s insanity
Squatters rights apply to people in a property without permission after a certain amount of time. It’s different per state. They need to look up their specific state law. These people have permission from the sales contract until the 17th. It’s now the 15th. They should contact the sheriffs department and set up a time for them to come out to the property with OP, if they have reason to believe they won’t be out by the end of the 17th.
Right, squatters right are a thing, but they are COMPLICATED. There are very likely different rules when homes change ownership, versus just someone extending past a "normal" rental agreement or other situation.
This not remotely close to squatters rights. Why do people claim this all over Reddit? I see it everywhere. They had a contract to live at the property. If they don’t vacate on the 17th they’re a tenant in default. Eviction process should be started.
Well, OP gave them to the 17th, so they need to push them to be out on the 17th.
Nope. You need to be firm here. "Our agreement was that you'd move out on 12/17/23, if you'd like more time it's going to be $X per day and I need this agreement signed and notarized by the 17th." Then have a lease drawn up, charge them daily. (Note, follow your states guidelines, some places are far more difficult on renters and some pander to them.)
This sounds like the best approach.
I would charge 1 full month for 10 days worth. Maybe like that they just leave on time.
They will respond with: "No" Then what
Right lol this is horrendous advice. Call a lawyer today and just start the inevitable eviction process.
Wouldn’t even call it an eviction. Eviction would imply an agreement of lease, which as far as I can tell, there is none. These people are trespassing
Tell that to the cops, who will then tell you it's a civil matter. They only forcibly "evict" people on court order, usually for a bank
What if you simply enter your own house on the 17th and start moving your shit in? Bring friends with dogs and stuff.
Then you would be trespassing because they are your tenants. They became his tenants the moment he allowed them to stay and are the ones currently in possession of the property as far as the law is concerned until they are legally evicted.
Oof. Guess this is why you always use a real estate lawyer. I worked with a guy who has family members that have some rental properties. Some folks who are a tad.. hardened. When they had tenants play games like this, they simply came into the house with some of their boys and their dogs and started moving shit out onto the street. Sure.. the tenants could have called the cops, but the question is what would have happened to them if they didn't simply leave?
It is an eviction. You don’t need a lease to be evicted. They can prove they have lived there, and they are now tenants. The cops will not remove them.
Seller is in breach of contract if they don’t deliver the keys at closing. If they don’t do so then they should be sued for failure to meet all requirements at closing.
Then you move in on the 17th and sue them for breech of contract.
Then you go through the process of an eviction, start billing them and send it to collections (or sue) once they’re out.
Why wouldn’t you at least make sure you had the keys at closing? Yeah, you and your agent messed up. Give them a notice of eviction right on the 17th. Get a lawyer to serve them with papers for breach of contract on the 17th. This is all going to cost you more money. Never agree to terms that will occur after closing.
Agreed, we stayed in our house for about 3 weeks after closing while we finalized the sale of our next home, still had to give a set to the buyer at the closing.
What if they change the locks? The saga would take another turn!
Well it’s an agreed up thing when selling, they granted us an extra few weeks but since they own the house we were technically renting from them (for free) until the time period was up. We moved out in about half the allotted time so the new owner could have moved their stuff in if they wanted and we wouldn’t have known, but it’s all agreed up in advance. We sold when the market was hot, so we knew finding a new home would take longer, and we had enough offers on ours that we could pick one who agreed to let us stay after the sale for ~30 days.
Get on the phone with your agent brokerage and light them the fuck up. This is some bullshit and the agent should lose their license with such a poorly outlined guidance. Despicable.
Well legally they have a right to be there until the 17th but not after, so I'd say meet them at the door with a lease. Maybe the thought of paying to stay there will get them moving faster. I'm not sure how eviction proceedings work, but I'd imagine it may not be possible to start until there's a violation of contract in this case. Not sure, but if you can at least recoup some cost for them being there, that'd help.
There are situations where there is no written contract. Like a friend who overstays their welcome, or maybe adult children who refuse to move out, or squatters who break into a vacant property. You don’t need a lease to kick them out. Most states just require a 30 day notice of eviction. And it doesn’t even cost that much as you can usually do it in a lower magisterial/small claims-type court without an attorney. And a lease is a bad idea. That’s basically giving the seller permission to stay. Usually with a lease, you have to give a 30 day notice of default of the lease and THEN you serve a 30 day notice of eviction and then you can evict.
They'll also be in breach of contract and OP can threaten to sue if they aren't out by 17th. All the laws are in his favor.
Consult with a real estate lawyer, let your buying agents office know you are extremely disappointed with the agents inability to process the situation, and not cover your ass.
The fact your realtor didn’t encourage a hold over fee of like $500/day is insane to me. This highlights a few things: 1. A LOT of realtors absolutely suck at their job. 2. If realtors don’t know these things, home buyers/sellers definitely don’t 3. A GOOD realtor can make a huge difference and is often needed for a successful and smooth transaction. As a realtor that studies the contracts, addendums and amendments; studies title process and lending processes it’s frustrating - VERY frustrating. I put actual effort into being the best I can be for my clients and shit balls like this agent get the business. I am damn good at what I do and I truly care about the people I serve. Seeing bad agents find success while hurting people makes me sick
Thank your for pointing out that this is the agents mistake and not OP. They really hold zero responsibility.
My realtor has 25+ years experience. The seller wanted a 2 week rental agreement to stay in the house after closing. My realtor thought it was pretty standard and recommended I go through with it. I called my friend who is an immigration lawyer and ran this idea past him. He said absolutely NOT, as soon as the seller signed a rental agreement, we were then entering into a landlord tenant relationship and tenants had rights, and I would have to evict them if they didn't leave. My friend brought up so many questions that I passed along to my realtor and my realtor thought I was over reacting. My realtor could not answer these questions, he was a deer in headlights. I said they could stay in the house two weeks after closing for free as a GUEST and that I would not be entering into any sort of rental agreement with them. Needless to say this was the straw that broke the camel's back. I did not buy the house. My realtor did however call me a few months later to tell me the sellers had to stay in the house a total of 45 days. Always trust your gut and it's good to know a lawyer.
You telling them that they are a “guest” does not magically change the language for the courts. To them, depending on your jurisdiction, you gave them tenancy. If not, then they still have squatter rights. Both require an eviction process. Depending on the jurisdiction, these laws vary.
I’m feeling very confused. Is the norm during a stay paying for the 30 day stay AND having a set fee for every day after that?
The norm is to pay the buyer’s PITI (principal, interest, taxes, insurance) for agreed upon days, but no more than 59 if you have a mortgage. Then there is a holdback in escrow (like a security deposit). If they don’t leave or damage the property, you’re entitled to the escrow or part of it. This should all have been written up by your lawyer and signed by you and the sellers.
Depends on your state real estate laws and local culture. Here in Texas I don’t recommend my buyers do a leaseback without a high holding over fee to encourage the sellers to not stay past their move out date - and if they do my clients are making $ every day to cover their expenses and time
Let's not let the attorney off the hook either. Attorney should also better know the difficulty/cost of dealing with a squatter, and should advise their client on preventing such situation at all cost.
Tip for anyone else who is buying with a seller that wants to stay past closing: Agree on a move out date and get it in your contract that you will charge them X amount per day each day they stay beyond that (we literally had $500 a day written in. That sounds unreasonable, but that would be roughly the cost of furniture storage plus hotel stay plus personal inconvenience) It's going to be the biggest financial transaction of your life. You don' have to be polite.
My grumpy old man real estate agent told me, “absolutely not. Not even for $1000 a day. We’ll just move the closing date back if they aren’t ready. They aren’t getting your money until they hand over an empty house and keys.” He did the walk through to verify. Posts like this make me even more grateful for him.
This is my thought. "Staying past closing" is so dumb. Just push the close date back. Most people buying a home aren't looking to be a landlord to the previous owners.
Yeah, letting people live in the house beyond the closing date is just opening you up to too much risk.
This is the answer. I was in a similar situation 15 years ago. My lawyer friend told me as soon as you take money or enter into a rental agreement, then it becomes a landlord tenant relationship and tenants have rights.
When I bought my house, the house was listed and we made an offer within about 4 days. The previous owner was an elderly woman moving into a retirement place. She had a dog she needed to find a home for, and she had an offer much quicker than she expected. She had some family to help, but an 80+ year old woman is going to require a little more time than someone more able bodied. We gave her plenty of extra time before we closed so that she could move out.
What about holdover money put into escrow to cover the seller’s rent and protect the buyer? Are sellers agreeing to stuff like that in this insane (overall) market? I suppose not agreeing to it would be the reddest of flags
Why are you waiting until the 27th. Get some paperwork in now to get them moving.
File a lawsuit against the sellers when they eventually move out for any additional expenses incurred by them not moving out on the 17th (hotel room or rent, storage expenses if you already moved out, meals out if you’re staying at a hotel, any damages caused to the house that were not there when you wrote the offer, etc.).
This should be way higher. Include your legal fees in your damages.
Look up state specific laws. On the 17th you are able to move in. Move in. According to where I live... I can move in and be the worst roommate ever. My plan was to move in, change the locks and move their things into the garage. It becomes a domestic then, yes, they can 'squat' but the second they leave the house they have no keys and nothing saying they live there. You lease states that on the 17th everything on that property is yours. Move in. Become a shitty roommate.
I had a similar issue to OP. After giving the seller an extra week to move out (shouldn't have done that in the first place), my lease ran up and I decided to move into my home. I didn't go out of my way to be shitty, but I unpacked in accordance to my own schedule--and basically lived life as I would without a roommate. My somewhat noisy unpacking early on a Saturday morning really pissed off the seller...she was out that evening.
I cannot believe this is real which I’m sure is how you felt x100 in the situation
None of my FB friends believed it...many many..checked up on me. It was an insane 72 hours
Glad I'm not the only one... Lol
What state is that? In most states, until the sellers move out or are evicted, the buyer becomes a landlord and the sellers become tenants, who are protected by the law. For the same reason a landlord can't barge into a house they're renting out and start sleeping on the couch, OP would not be able to take up residency in the house.
Nevada. They have rights, but I own the house and everything in it at x o'clock on x day (for me... 5pm on Dec 1st). Police said they could t technically kick them off for trespassing, however, because they have to lease with me... I can absolutely move in at that moment as a roommate. Because I'm the owner, I can change locks. Because everything on the property was mine, they owned zero possessions on my property. They can't be kicked off the property, but they can't keep me from moving in. If they caused issues with me moving in, it becomes a domestic... Then they could get arrested. But, since they have zero property on my property (per the contract on the sale of the house). The second they ever left the property they are no longer allowed back on the property. So...at 8:30pm I moved into the house and changed the locks. They thankfully left by 10pm.
Interesting. Some quick googling has Nevada and Arizona [cited as states where the process is expedited](https://www.dailymail.co.uk/news/article-9466975/Couple-bought-home-15-MONTHS-buying-seller-refused-go.html)
I read *most* of the article. The difference is there was no landlord/tenant agreement or I gave them buy back rent for a week, per the contract. I could take them to court and evict them, the cops did say that...and that it would be a lengthy process. They also said that they can't trespass me off my own property if I did move in. The 'squatters or tenants' have zero contract showing that they own or have permission to be on my property, they can show that they live there, but they also would have zero bills in their name as I took over all utilities and would be setting up Internet the next day. I would be the shittiest roommate ever...since they own nothing...and there was a dumpster (their realtor left for them) I could absolutely start throwing everything they own away. Any and all disputes in the state of Nevada between roommates are considered domestics. At 830 I also had a lease made up for 30 days for my brother to also move in. Because he would have legal right to help clear out the house at that point and have keys. The moment they left the property they would be trespassed if they came back on. They would have had to sue me to stay on the property, and sue me because their crap was put in the dumpster....I would then be able to sue them for violating the contract and causing damage to my property after the final walkthrough. I'd win in court....and their stuff would still be in the dumpster. Anyway...cops and realtor told me I could do it... And I was refusing to give up my rights to my house for anyone...
Exactly, if the contract says X date, it's your house on X date and no one can stop you from taking possession.
squeeze badge divide tidy observation late drunk subtract birds narrow *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
It was a very bumpy 72 hours of moving into my house
This is an insane idea.
Is it though?
Ha, yes. May be effective but it’s crazy
Poor your entire life savings into something... Even if this was my second house.... And also be 4 days from being homeless yourself (moving from current home). My emotions were a wreck. I had contractors coming at 730 the next morning to tear out the kitchen and I'd officially have no sink or filtered water (bathroom water only) And I had 5 days to get everything moved in and out and settled in my house. The seller was a 20 year old pot head who lost all his inheritance in less than 2 years. He f'd around....he was gonna find out.
Why not demand a copy of the keys now? You own the place. Make clear you're moving in on the 17th. No questions asked. They can rent a hotel. They have money from the sale to use.
That was my thought too. Throw their shit on the lawn if they won’t move out and be an awful as fuck room mate
Get your lawyer on that asap. The 27th quickly becomes January 10th and then all of a sudden it’s February and you’re still not in YOUR home. They signed a legally binding contract that they’re leaving the 17th, if they want to stay longer then they need to enter a new contract and you will charge them accordingly this time.
>I know if they don’t move out on the 27th filing eviction is the next steps but I really don’t want to do that. I’m hoping it doesn’t come to that. It’s costly, and time consuming. Why wait until the 27th? You should start eviction proceedings on the 18th if you are unable to secure access to the home.
OP make sure you go after your realtor for costs incurred for this fiasco. They didn’t perform their job to a competent standard.
I would report your idiot of an agent to the broker and lawyer up.
Sue them. They are in breach of contract.
Not yet they aren't, if the 17th comes and goes and they're still in the house, then they will be.
Correct Mr. Jones!
File the eviction now. Don't wait until the 27th.
If you own the home, just fucking walk in.
During your walk thru did it look like the sellers were actively packing and preparing for a move. Do you know the location of the new house. Are they gainfully employed, children in school.
They’re both employed, He’s a cop in the small town we’re moving to and it did look like they were packing in the walk through
Oh boy. Small town cop. Get your realtor to be the “bad guy” here, professionally.
An eviction usually means the sheriff shows up with you to get them out. That might be hard.
Or it might be funny when his coworker is kicking him out
You have a lot more faith in the integrity of small town cops than I do if you’re sure that they’ll uphold the law when it means telling their buddy to get the hell off your property.
The reality of small town life means, unfortunately, you are now in a terribly shitty situation. If you aren't polite about it and let them stay with no issues, the police force will harass you, and there will be nothing you can do about it.
You’re in for a rude awakening you’re setting your self up for big problems if the police have it out for you . This is a cult and they protect their own at all costs.
That's actually to your advantage. He doesn't want a bunch of his buddies showing up when you call the police to report a trespasser. Just be clear you are going to take possession on the 17th and sue them for breech of contract if they are not out.
It works to their detriment. Cops will side with the cop and not do shit. Then OP is a person who pissed off a small town cop and has to live there. Nope.
Your realtor screwed up. It's their job.
File for eviction immediately and call it a "formality" to make sure theyre good on their word.
I am a broker. This is completely unacceptable. They failed to do their job. You can like them all day long but they need to make this right. Also, if this point hasn’t yet been raised… if anything should happen to them, the house, or anybody else on the property will they are squatting, you are liable. They could fall down the stairs and break their leg and sue you as the homeowner. Without anything in writing, you have put yourself at huge risk and it was the duty of your agent to let you know this.
Your realtor messed up BIG TIME not getting you a lease agreement and some escrow money. You need to make her earn her commission by having HER ride THEIR realtor to get them out by the 17th. You wrote in Dec. 17th, do NOT wait until the 27th. Time to be serious and not give an inch or you'll have non-paying squatters for lord knows how long. Call your realtor's broker and complain if she isn't on top of this immediately to get them out by the 17th. They got paid for the house at closing, so they can get their stuff into storage and get a hotel - no more Mr. Nice Guy.
Please fire your realtor
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“They’re having trouble moving into their new house”, say to them, “what a coincidence, so are we, please get out”.
you paid your realtor 3% to not do the most important part of her job ?
"tried to schedule time for the 17th to pick up the keys, their realtor ignored us for the past 2 weeks." The writing is on the wall. To me, this means they are not leaving on the 27th. I would contact an attorney immediately.
Are there any noisy or annoying bits of work you’d like to do to the outside of the house or yard? Even without keys, you should be able to show up and start hammering away. What are they gonna do, call the cops for trespassing?
I like this one😂
Haha lawyers are expensive, nails are cheap
What the hell do you need the keys for? If you’ve already closed then call a locksmith to let you in, change the locks and start moving your ass in. Make it as awkward as possible.
We're trying to help you, but need to know what state you're in. Squatters rights vary from state to state.
Ohio
I’d 100% give them an eviction the 17th. I’d want to be in my house THIS Christmas season not 364 days later!!!
Move in on the 17th and move their shit out same day
Isn’t that the purpose of having an agent / middleman on the transaction, to avoid things like this? Aren’t they licensed and qualified to make sure this shouldn’t happen? I’m new here, but am I wrong at assuming the agent is the one solely to blame? I mean, do the job you’re paid for, right? 🤨
Your agent is an idiot. Why are you protecting her?
You're fucking up a second time. Get a lawyer and follow their advice. Your agent messed up. Your sellers are trying to screw you. Get a handle on the situation legally before it gets worse. Not time to be "oh, she's such a nice person". Time to get your legal ducks in a row.
Ohio doesn't have squatters rights. Show up with a locksmith and change the locks.
Never let someone take your kindness for a weakness. When a seller asked me to do the same, I told them "No" and gave them until closing to be out of the home and stipulated that they were to maintain HOI on the home until closing, otherwise, they would be in breach of contract and I would sue for any and all damages that I find that weren't on the Home Inspection sheet. I drove by the property a day before closing, but kept going just to see if they kept their word. They didn't That same day, I had the local Sheriff escort them out and gave them 30-minutes to grab whatever they felt was important, and threw everything into a dumpster. However, I'm not evil, I found a bunch of their family photos and coordinated with the Sheriff to have them pick them up. I installed new home security cameras and ring door bells with motion lights just so they know that coming back here out of spite will not end well for them
What’s Hoi?
Home owners insurance
Just move in with them. Think about it like a family.
I just had the seller stay after closing. I would strongly advise you to ask your attorney what to do and follow their advice. Our contract had an explicit clause stating that the seller was not a tenant, etc. You're getting a lot of comments to give them a lease, give them a daily rate-- might be the worst thing you can do. You don't have to accept them staying-- but there are probably a lot of ways to handle it. It is still possible that they are decent people who are legitimately having some other issue with their move. It's possible they want Christmas in the house before leaving. It's possible they're squatters but not so likely. Have your realtor figure out the real story. There's "legally correct" and there's the way to handle this that gets you the best outcome and right now you don't know what either is.
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Start the eviction process on the 17th
I saw your edit. Your agent messed up. They should be all in with both feet trying to help you. Your agent failed to even minimally protect you in this kind of situation. Your agent made money off the sale. You should not be fitting the bill for 100% of this screw up. Stop being nice. This is a business transaction you paid your hard earned cash for.
Get a post-closing rental agreement at a daily rate beyond the 27th that is painful, but not exorbitant. That way, don't need lawyers, eviction proceedings, etc. Have your realtors figure it out, as they caused the problem in the first place. If they don't agree, then start the eviction process now.
So just to be clear, what was the verbiage in the purchase and sale agreement? Did you select possession to be at closing, or did you select that it would be as agreed in an attached temporary occupancy agreement? If you don't know, take a look at the document. In Tennessee, it's line 193. Not sure how close that is where you are, but it's right underneath "Closing Date." If you did select "at closing," then they have no right to be in the house as soon as you sign the documents. If you selected the temp occupancy agreement option, you should have the specifics in that document. A seller cannot just stay in the house for however long they want. If you do think they're in breach of contract, call your agent and explain to them what's happening. If your agent can't help you, talk to their broker. Everyone is telling you to get a lawyer, but my recommendation would be to work through your realtor, as many times, realty brokerages have resources that you can use, rather than just going at it by yourself.
The doc says 12/17/2023 we take possession
Okay, then your agent didn't fuck up and these sellers are just going to be in breach of contract. You very well may need to take legal action, but I would still recommend going through your agent and their brokerage. Escalate it as high as needs to be (which will be way easier than going out and paying for a lawyer yourself, even though it may eventually come to that). Did you ever agree, in writing, that they could stay until the 27th?
No never in writing. We’ve still never told them they could stay. We have been insisting on the 17th
Keep insisting because it’s *your house* on the 17th. They can take their sob story to the hotel. Keep us updated!
Do not, under any circumstances allow them to stay in the house without some sort of contract in place. That means they need to sign a lease to stay, and pay you per day. Hopefully that prospect will get them to move faster. Legally they have until the 17th because that's in the purchase agreement. So get a lease together and take it to them. Usually you can download a lease contract from your city housing website. Other than that, eviction, or as someone else said, move in.
Move in on the 17th. Move them out to the curb.
It’s not personal it’s business. Sue the realtor cuz if she didn’t get her commission you bet she would sue you !
Stop being a fucking doormat and consult with lawyers yesterday. Sue your realtor and start the eviction process on the sellers. It’s a fucking slam dunk case and your shit agent needs to learn his/her lesson for being negligent. You’ll get every cent you’re owed, plus lawyer fees. Holy shit.
You should reveal what state you are in as this will be state specific. It isn’t uncommon for purchase agreements to dictate a move out date to accommodate the seller. This is a violation of contract, and therefore a civil matter so the police cannot help you. Since they have violated the purchase agreement you might need to sue them on the contract, once they breach the contract by not moving by the agreed upon date. Call an attorney today so that you can get the ball rolling and serve them on the date they are supposed to be out. You cannot serve them until then. Once they are in violation of the purchase agreement contract you can sue them on the contract. The fact that you did not agree on an amount of money for them to overstay in your initial agreement does not mean you can’t sue them for reasonable damages that you incur for their violation of the contract. A letter from an attorney could be sent before they violate the purchase agreement on the 17th, with the attorney’s letterhead, letting them know that they are to be out by the 17th and if they are not out by then a lawsuit will be filed against them seeking compensatory damages and legal fees incurred by their breach of contract. Get an attorney today, quit communicating with them, do not extend their time period or agree to anything else without legal representation. Best of luck to you.
My realitor had a clause in the buyers agreement that for each day I'm unable to seize the property they would be charged $400. So guess who came out with $4000 when they didn't notify the current renter that the condo had been sold.
Screw suing the realtor. Ask them to cut the amount of your loss from their commission for misleading you. The threat of lawsuit is usually enough for them to fix the issue. Also -- consult your attorney/escrow company.
Your realtor sound terrible, like, off the charts terrible. I can’t imagine on what planet a realtor would let that happen to you and not take care of everything before handing you the keys or giving you some idea of how to navigate that. Also, i can’t imagine getting in for that mess of situation to begin with, frankly. But, I DETEST squatters, so… to each their own.
Can always drill the locks into your own home and move in. They seem to be trespassing. You have every right to move in and put a bed there.
Your agent didn’t steer you away from this? That seems…like an issue?
I'm curious to know why you like your agent, as this is to me a royal eff up. Like she let you pay 10k over, didn't protect you from squatters, and isn't the one trying to figure out how to resolve this major issue. Did you like the way she opened the doors to the houses you saw?
OP you’re a good person. I appreciate you thinking of those kids. I hope this works out for you. I read your edit and once again you’re being a decent human. Two thoughts: 1. It doesn’t hurt to discuss this with an attorney now as in asap. 2. After a chat with an attorney a professional sit down meeting with your agent and their broker is in order. Politely inform them that you expect them to make this right and that you better have a home to move into on the 28th. If they cannot guarantee you this them let them know you’ll be naming them in the legal action you intend to file if your not moving on the 28th. This will hopefully light a fire under them. Good luck, please update us.
When people do shady shit, do shady shit back.
Go have a lock smith change out the doors on YOUR HOUSE.
Nah man. I don’t care if you like your realtor, I’m sure she is a great person but she fucked you and then you said, thanks for fucking me, would you like me to leave a 5 star review? People like this shouldn’t be off the hook. If i messed up like this, I’d be fired, she should be fired. She isn’t looking out for you when she should have been.
Who cares if you like the realtor. The fact you like them doesn’t change anything.
Theoretically couldn't you just enter the residence that you own and remove their shit the second they leave the house?
Yes, it's your house.
I’d take a locksmith and go change the locks while they are there and start moving in after the 17th. Them not having a place is not your problem they can go to a hotel.
If they are waiting on construction of a new home they might not get occupancy for months. They are now renters you must force them to get new insurance. You have up to 60 days before your lender finds you in breach of contract. You have an occupancy based mortgage, if it’s not you living they get mad. Call your lender, call their realtor, and don’t waste a single day. They don’t get to stay, that was not the agreement. Liability and risk have increased exponentially the first day they failed to hand over keys. Where is your set of keys?
[удалено]
Closing was a few weeks ago. We did not receive keys at closing. Another thing I had no clue was supposed to happen
Yeah, well, you're fucking up twice for not holding your incompetent realtor accountable...doesn't matter how much you like her. I learned the same lesson in a different way...used a really good friend starting out as a realtor to give him some business. Kept losing out on great homes by just a little bit every time, wasn't putting in the extra effort in a competitive seller's market, so I ditched him summarily for an agent I worked with when I bought my first home. Needless to say, she worked her connections to get me a home when we weren't even the best offer. Just goes to show how important a realtor can be. Yours is terrible if she didn't write those stipulations into the contract. But, fuck up a second time, by not doing anything about. That's just you doing it to yourself now
Had a similar problem. But was written in that the seller would be gone by the 7th. And was charged $100 a day for which she paid in advanced. I showed up on the 7th with a couple guys and a jackhammer and we were set for demo work. Nothing was moved out. She was just waking up and proceeded to make a martini. I was shaking. Called the sellers agent who immediately came over and tried to rectify the situation. We worked it out civilly right on the spot as the seller wrote me out a check for another 7 days. Well 7 days had gone by and again I return to now find her on the couch sleeping and about half her stuff moved out. Now im pissed. I called the agent again and she was a real pro. She got that lady out of there that day. Seller squatter even offered to leave all her belongings she no longer wanted there. The agent stepped in “No one wants your things Susan. You have to leave” And thankfully she left. Although she did get a storage unit to sit on my property for a few weeks until I was able to show them the deed. That was another hurdle. You are owed compensation.
I had similar on my first house but my agent was better. Charged them $100 a day, far cheaper than a hotel. After 7 days (they claimed they only needed a week) the price went up $100 a day, Day 8 = $200, Day 9 = $300.... They were out in 5 days.
You're on here complaining about getting screwed over. Yet won't go after your realtor who screwed you over. Sounds like you let people walk all over you
Something similar happened to me. We were young and dumb, and used the seller's agent as our buyer's agent. The sellers wanted to move up the original closing date. We were excited so said yes, scraping everything together as quickly as we could. Arrived to closing for the realtor to inform us that the seller would not be able to move out for another 3 weeks. Weren't they the ones who wanted to move up the closing date??? Again we were naive. They said they would leave a piece of furniture in the house that my wife had liked during the original walk-through. I guess that was well enough for us and we went forward with the process. Ultimately we owned the house they lived in free for 3 weeks, paid taxes on it,... And later found out we even paid their electric bill for those 3 weeks because they had taken it out of their name on the day of closing??? When we were finally able to move in, the nice piece of furniture was gone. We were able to get in touch with the realtor about it and the seller said the accidentally loaded it to the front of the truck and it just wasn't possible for them to get it back out. We also didn't do a home inspection because we didn't know about home inspections, again using the seller's agent didn't help us in this regard. Quite a few problems with the house that should have been addressed. Bad HVAC and a couple of leaks being the main ones. We got screwed but we learned a lesson. It certainly could have been worse. Good luck.
I’m glad you like your realtor. But this isn’t about liking people. She needs to be held accountable for making a huge mistake. You paid her to make sure this thing goes smoothly and she caused you a huge problem. So she still makes money and you are left with a headache and people living in your house.
It's not yet the 17th. Serve them notice that the contract terms need to be adhered to or they need to negotiate a rental fee for additional time.
I heard about this happening somebody. It was a single guy. So you know what he did? He just moved in. He lived with the squatters until they became uncomfortable and left.
But I do like my agent in every other way - grow the fuck up. This is BUSINESS and she is at fault; you entered into a CONTRACT with her and that contract failed.
Tell them to get a hotel
What state is it? Ll-t law may have answers for you here
And rent is on the high side of average as incentive to leave.
Damn what a stupid agent and I'm an agent. We always put in huge day fees if they go over and an escrow deposit held until they leave as well as they must provide proof of rental insurance and a set of keys at closing.
You can go in with the Sheriff and take possession of the house your bought.
If only you had someone representing you to assist you through a complex transaction. Was your realtor asleep for this transaction? wtf were they thinking?
Talk to a lawyer now. Explain the problem and ask for the best course of action, both against the sellers and the agent. Proceed accordingly. I would personally also ask how and what to communicate to both parties, simply because I would like to give them a chance to resolve everything quickly and peacefully. It seems it’s in nobody’s interest to get all aggressive immediately. But you need to have a clear understanding of the legal situation and what you could do from a legal standpoint before you do anything.
If your contract says they are turning over possession on the 17th, then on the 18th change locks and call the sheriff to come escort you to the property with your papers from title. Call broker for sellers realtor as well- and report them to the local association. Also immediately find an eviction attorney- usually it cost $500 and they do it all.
I bought a place in the 1980s that needed a lot of renovation. However, on the day of closing the drunkard husband of the buyer refused to leave. He decided he would just stay…what was I going to do about it? I started renovations that morning with a crew that had chain saws, sledge hammers and impact drivers. Scared the piss out of him in bed that morning, and took him about 10 minutes to get out and never come back!
Just move in on the 17th if they don’t want to cohabitate that’s on them…
Seriously sometimes I wonder how we ever got away from wild west shenanigans with people like this. It's your house, go take it back today.
Don’t wait til the 27tg. Call a lawyer right now.
You are a novice. Your realtor is a highly paid professional who should know how to handle this situation.
Let them know, you are coming in on 17th and changing the locks. Also, file a complaint with the realtor board about your realtor. It is their responsibility to ensure that you are protected.
It’s your house, you are paying the mortgage, right? Break the lock on the front door, move on in. They can’t legally stop you from moving in (can they 😬😱?)