Is it normal to give X amount of days after closing for someone to move out of a home you bought from them?

Question

My husband and I closed on our house on the 25th of July. We gave the seller 30 days from closing to move out. I always assumed this was a normal procedure, considering that's what my parents always had to do. We at first only wanted to give 10 days, but our Realtor said we should give 30 just in case the loan fell through. It has now been 15 days since our closing date, the deed has been recorded, and the keys were given to us at closing. The seller is still in the house, even after telling us she would be out AT closing.

I had asked a question about this while ago, and someone said that we should have never given them any time after closing to get out. That we should not have even closed until the seller had moved out. Now I am beginning to wonder if we have been given bad advice by our Realtor. My husband and I were first time buyers. We also didn't stipulate in the contract that we would charge her any rent. Are we screwed?

Answer 1

You should never let anyone have your money and the house keys.  Not a good combination.  But maybe you wouldn't have been able to buy it at all if you hadn't allowed them to stay.  Keep your fingers crossed.  It could turn out ok. /

Answer 2

You keep asking this question.  Why?  The answers the same.  You screwed up by not having them out BEFORE settlement - then you screwed up again by giving them 30 days.  You have to wait the 30 days.

Answer 3

Yes, you've been given bad advice.  That house is now covered under your homeowner insurance.  You are responsible for anything that happens to these people or to the house.  Additionally, when you closed you bought the house based upon the condition of the house, and the appliances, window treatments, etc. that were in the house at closing.  Now, they could do whatever they want and there is absolutely no recourse.  See your attorney right away, and get them out of there.  Just so you know...their financing had to be a done deal when you closed.  Money changed hands then...there was no more guesswork or wondering whether their financing was any good at that point.  Closing is just that....a "closing" of the deal.  See your attorney right away.  

Answer 4

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Answer 5

If you already closed on the house, then they need to be gone. Once they figured out that you were really going to buy the house, they should have choose to be out by your closing date.  If they need more time than your closing date, then they owe you money..It think it's called a lease back or something like that. They have to pay you rent for being in the house. I think you can get a sheriff or something to get them out. It's like they are living rent free. And they are living in a house that you are paying for now. IT's your house...Go ahead and start moving your stuff in.

Answer 6

I'm not sure if you are screwed or not, but I have bought and sold six or seven houses and the former owner has always vacated the property on the closing date.

Answer 7

I am the one that told you that, among others.  

You were given the correct advice.  

Because you didn't stipulate in the contract that you would charge her rent, you cannot charge it.  

Your sales contract should have been very, very specific on what was being charged, and when she should be out and that she was occupying the property post closing because the LENDER is required to know this.

I highly suspect that the reason that these details were left out is because your Realtor knows that this is a problem for some lenders, but Fannie Mae and Freddie Mac standard underwriting guidelines will readily approve a mortgage if occupancy is taken within 60 days...but it MUST be in the contract.  

"Rent backs" are common, a bad idea, but common, but just like any "rental" you need to spell it out in the contract.

Here is my advice to you:

1.  Go straight to court and file for the eviction...period.  You are going to have to go this route anyway.

2.  Sue the woman for breach of contract.  You do have legal grounds for that.  You can charge her only what it has cost you, which is what your mortgage costs each day AND your current residence, since she did not agree to a rental fee.

However, you know how you REALLY sue?

3.  Your Realtor...for their entire freakin' commission b/c as a first time buyer, he was looking how to close the transaction and didn't inform you of a SINGLE problem you would run into ....and that is malpractice.

Be sure to file that complaint with the licensing board as well as the person's supervising Broker-in-Charge....who may be 100% unaware of the situation.

PS:  The above poster that stated your hazard insurance would cover the property is wrong.  When you applied for the hazard insurance, they wrote the policy with YOU occupying the property..not someone else.  They will not write a full-coverage policy on a rental, only fire, and that is why you now have the wrong policy for the situation.

They have a name for that in the industry, it's called "material misrepresentation" b/c technically, you are supposed to call and tell them that the circumstances has changed.

That is why you need to move ASAP to get her out.