Some sellers provide occupancy at closing. If the seller challenges the complaint (sometimes called an unlawful detainer), the trial will take place within 30 to 45 days. If he is unable to occupy the property in the stated period of time, he could face legal issues on his side. I think you're stressing your brother out over what probably is nothing @Joshua D.  . I agree with @Guy Gimenez. While the entire situation is frustrating, generally it's to your advantage to keep the sale alive. Apparently your brother did go for it as he signed the contract. Real estate is a business not a charity. Our son's realtor called and said the seller was responding to son's offer but wanted the closing in 19 days and wanted to live there until the 30th. There is no set rule as to when occupancy must be granted. We don’t have to be out of … Those are the things the current owners might be worry about. Her son in law is a lawyer and I bet he recommended it. Apparently it is more normal. Personally, I'd never let a seller stay in a property unless I was planning to do a major rehab, as there is very little recourse should the property not be left in good condition when the sellers leave. As a Cincinnati resident and investor, I can tell you that this is quite common due to the long standing practice of German heritage in Ohio. CAR Seller in Possession Addendum – for less than 30 days only, 1 page addendum. But you can't undue what's done. Therefore there is no renters specific insurance... putting my brother at risk. Get everything on paper is the key. Usually the rent is pro rated and it's paid to the buyers through escrow when it closes. Any possession by Buyer prior to closing or by Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship between the parties. Written by financial journalists and data scientists, get 60+ pages of newsworthy content, expert-driven advice, and data-backed research written in a clear way to help you navigate your tough investment decisions in an ever-changing financial climate! Trouble with long-time entrenched owners (and tenants) is that they are often delusional about what they can accomplish. Or where they are going to go. 1. Texas specifically has this in the contract and uses a specific form for sellers who are staying in the property for up to 90 days after closing, so you should see if your brother's contract has similar. You want to negotiate if they do such things before closing. I can also tell you that it is normal for the seller to pay for title insurance for the sale. I did it when I sold my primary residence in Texas but made the lease-back part of the contract. I'm going to talk to my attorney in the morning, but wanted to get an idea of what my options are. I just closed on a house and the sellers wanted to stay 7 days to get the stuff out because they needed money from the sale. No amount of money will solve that problem. I'd never let a former owner stay without  a specific rental agreement for that 30 days. With the owners vacating before closing you can see it in it's empty state with a final walk through. we all investors know a deal is never done until the closing is done and the check (or wire) hits or clears the bank. I put it in my clients contracts that if the seller does not surrender the property on the closing day the fee is $100 a day. Be aware, however, that local customs do not always have to be followed. Just make sure your brother isn't exposed on the insurance aspect. Usually 3 to 6 months. 2. Starnge but true. Sometimes sellers request to leaseback after the close of escrow. In seller's markets, buyers will often give sellers several days to move. They were looking for flexibility on possession as much as they were looking at selling price. Once we had a seller need to stay and made them sign a lease and pay rent. In Pa the agents are not to alter the contracts aside from contingencies specified by their client. 2. My daughter put an offer in on a house and it was accepted. It was a young couple moving out of a parent's house, so I guess the extra 90 days didn't bother them much. Our buyer agent said it's normal for sellers to need 3-15 days to move. In some cases the seller will pay rent for that time. The property per the contract generally says it has to be in the same material shape or better at the time of going under agreement right up to the closing. Is it just me or could my brother be in for a mess! As @Nazz Wang  mentioned, the sellers probably wanted to make sure the deal was going to close before they started putting out deposits, scheduling movers, etc. Oh, and he left her too. The seller wants to stay in the house for two days after closing. There is no set rule as to when occupancy must be granted. The 30-day rule doesn’t really exist. For instance, if the buyer sympathizes with the seller’s situation, they might choose to let the seller keep their house. If the seller is planning on staying longer there must be a seller's lease back with rent, deposit and length of time negotiated. Just heard that the sellers' house they are buying fell through and they are probably going to want more time. The day before closing chandeliers were stolen along with other items (inside job). PRDS Seller Occupancy After Sale – very short, 1 page addendum. When it is sold they (owners...short sale or otherwise)are out or should be... 30 days? Or both. CAR Residential Lease After Sale Seller in Possession After Close of Escrow – intended for 30 or more days, 5 page addendum. Or, it could leave a buyer in a "homeless" situation, if they needed to have occupancy by a specific date. This is to gain an edge in the event the seller receives multiple offers. How can a Realtor make this contract, representing a buyer? I'm bringing a certified check for $600 or something for the leaseback and will have to sign some paperwork (basically a super short term rental agreement.) But it was a triplex and the buyer was moving into a vacant unit. Good point. It's a scary thought when the former owner of a short sold home remains after closing. For the least stressful closing, experts advise choosing a Tuesday, Wednesday, or Thursday in the first three weeks of the month, although it is wise to avoid the 1st or 15th.Why?Title companies are busiest the last week of the month. The short answer is usually “No”, but the answer deserves some clarification. The timeline from day of listing the house until closing is measured months. © 2020 ActiveRain, Inc. All Rights Reserved Thanks everyone for you input! The 30-day rule doesn’t really exist. Being Flexible With the Closing Date Could Allow You to Play Hardball on Other Issues. If so, do the loan docs require that he occupy the property within some period of time? The complaint goes to trial. It is important for attorneys and brokers to remember these extra 30 days, when agreeing to extend closing dates. 1 decade ago. Some sellers provide occupancy at closing. Just something to check into, and another reason he would need to be certain he could get them out quickly if they chose not to leave on their own. If someone really wants to sell how can they not be ready. When a deal closes the buyers are now the owners...liable for everything including accidents or damage... the sellers no longer have any interest in the property... so then all sorts of other things come into, liability, etc. If the Seller is unwilling to … I have seen owners pushing TV's on wood floors before and scratching to h%ll and back. and Louisville real estate A lease agreement should be executed if the seller wants to stay 30 days or longer. The seller wrote me a check to cover the stolen items and damage. If the seller has a contractual closing of July 15th you are a little early to grouse about the situation. Something was mentioned about paying rent for those days. If the seller is a no-show, the judge typically sides with the buyer and grants eviction. Failure to do so could cause a seller to have to vacate the property in less time after closing than he/she had planned. Minot, ND #7. So would you move out of a house without money and then if it doesn't close you are without money and a place to sell. Good luck trying to customarily evict someone. i let the Seller of my 2 on 1 stay for 90 days. After we did that, my agent called and said the owners wanted occupancy for two weeks after closing so they could use the money for their new place. Others need time to facilitate their own move and may request several days, a month or even longer. Insurance Coverage for Seller Rent-Backs Sometimes buyers will insist that sellers maintain their existing homeowner's insurance policies during the rent-back period. Usually these things are just for a few days to vacate if it wasn't possible to vacate prior to closing (because you need the closing funds to close on your destination home, for example.) 3. Happens all the time. Rent could be determined on a "per diem" basis. 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