Buying A Home
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Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
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Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
Breaking contract? (longish)
Hi Ladies , I started lurking on this board earlier this week and now I have a question. We closed on our house 2 weeks ago and according to our contract we are supposed to get possession tomorrow. The house is occupied. I called our Realtor today to schedule key pick up when they called me back they said the occupants said they will not be out and ready to schedule key exchange until next thursday. My problem is that my husband travels a lot for work and took this weekend off to move now that they are saying they won't be out until next Thursday my husband will not have any time off until the end of May with his current schedule. So my question is what would you do? Call and explain the situation , tell them you need them out since thats what the contract says ?Help please !
Re: Breaking contract? (longish)
Was the posession/move out date set in the contract? Is there anything in your contract about them paying x amount per day they stay in the house after their move out date?
I'd be p*ssed, and pushing to get them kicked out or to have them pay rent plus some to cover movers since your H won't be able to be there for the move.
If you closed already, you could (I say should) have been receiving rent from them for the past 2 weeks. But it doesn't sound like you did that. You need to talk to your attorney. If they delay again, you might actually have to go through the process of evicting them.
My Valentine Bookends (2~13~13, 2~15~09)
They are squatting on your property - call the police.
Ok, I don't know that that's really what you should do but I'd be super pissed and would probably try to do that. The only thing I'd be worried about is them getting pissed and trashing the place since you already closed. You realtor should never have let you enter a lease back situation without a firm contract/rent/deposits in place...
You REALLY need to talk to your attorney...no more realtor talk.
My Valentine Bookends (2~13~13, 2~15~09)
1. Call an attorney. If you can't reach one first thing tomorrow morning, do #2.
2. Call the non-emergency line for the local sheriffs office and tell them the situation.
Really and truly, this a big deal. If you don't act now, this is could turn out badly for you. Get them out of your house as soon as possible. Do not delay and do not let your agent sweet talk you.
If they must stay in the house until May and there's nothing that can be done, DEMAND double your mortgage's daily amount in certified funds, tomorrow, for however many days they have been and will be in the house total since closing. ETA - And of course, a signed lease.
In the next day or so, call up your local real estate board and talk to them about filing a malpractice complaint. I'm not sure what the criteria are, but I do know that by never mentioning rent as an option to you, your agent failed his/her fiduciary duty to you. Your agent was probably thinking more about helping Junior get a sale than you the client.
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You've gotten great advice so far but I wanted to throw out one more idea. You said your realtor is the mother of the other realtor. This won't work if she owns the company they both work for but I'd call the office and speak with the manager or her supervisor and tell them the situation. If you had a contract that you get the house x days after closing and tomorrow is that day... then you NEED the keys tomorrow.
Go find an attorney first thing in the morning! Do not take this lightly and be nice to anyone.
Read over your contract regarding their possession after closing (lease). Then begin the eviction process. They are tenants now. They do not get to decide to stay 'on a whim', as it were. Your lease should also dictate how much rent they have to pay if they remain past the date they were supposed to vacate. They don't need any explanation as to why they need to be out, they just need to be out.
You have recourse but it will have to be done properly. Consult with your Realtor about how to get them out through legal channels. Don't waste anytime.
I'm sorry you are going through this. Best of luck!
Lighthouse State Beach, Santa Cruz.
This exactly, stop wasting time with your realtor and get on the phone with an attorney.
There needs to be a HUGE fine per day beyond your pick up key date!!
THat was a poorly constructed contract (as you well know, now).
We had a rent back fee per day (which was escrowed).
Click it if you can't say it!
Agree 100% with this. Honestly, at this point, I'd probably see if there was some civil court to sue the realtor for breach of fiduciary duty. It kind of sounds like she and her son worked together and you got a bum deal.