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Seller won't move out! (vent)
As if anything else could go wrong, our closing was extended from 2/9 because we had an error on our bank account that ended up going to a collections agency (because the bank took their time fixing it) and we had to have it removed from our credit history to move forward with the loan process. We cleared that hurdle and now we come to two days before we are set to close. We have been talking for weeks that we were closing on the 24th. Our agent, the loan officer and the seller's agent have all been in contact almost daily about closing etc.
The seller's agent contacted my agent this morning and said the seller refuses to move out before the 29th and she refuses to go to closing Friday and pay rent until she can get out on the 29th. The seller's agent even offered to pay for a moving truck and she is still saying she's not leaving. I'm just so frustrated, she has been really great so far, she fixed everything we've asked her to from the inspection and she was even leaving us her lawn mower and some garden tools. I just don't understand why she isn't leaving.
Re: Seller won't move out! (vent)
I agree WTF!
Do you have a lawyer? What does the contract say?
This- how can she legally decide that she's just not moving out?
I don't know what legal power we have to get her to close when we want? She says she'll be ready by the 29th. No one can reason with her to close on the 24th like we want (her agent and her kids supposedly tried). Even though we pushed back the closing date from 2/9 to sometime between 2/9 and 2/29 that didn't mean we wanted to close on the 29th. Our mortgage guy and agent have been in contact wth her agent for weeks saying that we wanted to close the 24th.
Basically our options are to close on the 24th and let her live there for a few days rent free (because she absolutely refuses to pay us rent) or close on the 29th and she absolutely has to be out by then.
What if she doesn't show up to closing? lol
Do NOT do a rent back with this person! Why would you take that risk (aside from the fact that she wouldn't be paying you)?
Make sure you schedule a final walk through for the morning of the closing and just go with the 29th. It sucks, but if you don't have to be out of your current place, it's only 5 days later than planned. Maybe she was annoyed that the closing was pushed back to begin with?
She doesn't have to be at the closing. We didn't go to ours on the selling end and our sellers were not at our closing either.
But I would have it in writing that if the closing does not go through due to her hesitation or refusal, you do not get penalized and you get your deposit $ back.
We were trying to get her agent to pay for the rent since he's supposed to be informing her of everything. I don't know if he didn't tell her what was going on or if she's really being this obstinate. I'll definitely be talking to my realtor about getting something in writing if closing doesn't go through.
If your agreement states that closing can happen up until the 29th, she may have the right to hold you to the last date of the window. Close on the 29th. In all honesty, is 5 days that big of a difference in the grand scheme of things?
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I don't know why the seller's agent would agree to this. Even if the agent does, the seller has no responsibility to keep that house in good shape if she's not paying rent herself. I would wait until the 29th and have it writing that you get your deposit money back if closing doesn't occur on the 29th.
This exactly. What does your contract say? It should give your closing date as well as specify when the buyer takes possession.
I realize this is frustrating, but your contract says you are closing on 2/29 so why did you expect that it was going to be done any sooner?
So you the buyer breached the original contract by not closing on 2/9. Addendum states closing is extended until 2/29. So seller agreed to 2/29 which is what she is going by. Then somewhere along the line other people, not the seller, got involved and just changed date to 2/24, which the seller did not agree and does not have to agree to because addendum states 2/29.
Sorry, I know this is frustrating but the seller is within their right to stay until 2/29 according to the addendum. Sounds like during the negotiation of the closing date to 2/24 buyer, agents, attorney forgot one very important person, the seller and she did not agree to 2/24.
Good luck, hope all works out for you.
Yes but just like you have until 2/29 to fully perform your part of the deal, so does she. If she doesn't want to close before 2/29 then you cannot make her. I would guess she has to rent an apartment or something and has a lease starting 3/1. Just like you do not want to pay for 5 days of a hotel room, neither does she.
Seller prepared herself to close on the 29th which she has the right to do under the terms of the addendum. Since she was nice enough and considerate to you by granting an extension for closing when YOU could not close on time, I would show her the same consideration. Especially since it does not sound like she ever agreed to closing on the 24th. Delays happen during the home buying process, but really the seller is not the one who is at fault here. She should not have to be inconvenienced anymore than she already has been.
While I know this is frustrating to you and throws your schedule off, she is abiding by the terms set.
You need an attorney. Not the attorney through the REA but your own indep. attorney, someone to look out for YOU and YOUR best interest. You need an expert shoulder to lean on, we here on the board can lend support but not expert advice.