We told them we aren’t closing unless they are out of the house. Their realtor is still saying they will not agree to close unless we agree to let them stay. I highly doubt they will breach the contract and risk losing out of their other house so I will keep you all updated on what happens next. Either way, we are not closing until they are out of the house. Thank you all for your advice. I have read every comment and appreciate your input so much. It’s helped me tremendously.
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I’m closing in two days and the seller’s realtor suddenly told our realtor that the sellers needs to stay in the house for a few more days until they close on their home. We asked to push the closing back and they are refusing to do that. They said they will not leave no matter what. They said they will not pay us rent for the time spent there either. They are willing to give money in the form of a security deposit though.
My thought was just to close on the house and tell them they need to be out, and if they’re not then call the cops on them if they don’t leave. My partner doesn’t want to do this because of the bad impression it will make on new neighbors, the drama of it, etc.
Our realtor is suggesting we just ask for more money in security deposit and say we keep the money if they are not out by a certain date. The sellers also do not want us there while they are living there, so just to be assholes we would plan on going over anyways and making them feel as awkward as humanely possible to encourage them to leave
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I wouldn’t close. They need to leave the house in a broom clean condition. Give them two options: move out or delay closing. Make sure you inform the title company and lender. They will put pressure on them. Don’t threaten to walk. Just give them those two options.
They sound like troublemakers. If you let them stay, you won’t be able to kick them out that easy later. I don’t know where you are but in the US, you can’t just call the cops on them. You have to follow procedures and that could take three months or more.
I wouldn’t do it. When I was purchasing my home, the sellers sprung on us that they wanted us to rent to them for twoish weeks. My spouse and I said no and wouldn’t budge. They put all of their belongings on a massive utility trailer, and it was sitting in the neighbor’s driveway for almost 2 months. I feel like that alone was a sign we dodged a bullet.
DO NOT CLOSE UNTIL THEY’RE OUT. That is truly the only advice you need. I know you’re incredibly close to closing, but they’re the ones about to be in breach. Worst case, cancel the contract, get your earnest money back and find a different house.
Unless an amendment is signed by both parties, the original terms still stand. They need to perform under those conditions or they’re in breach. And I agree with everyone saying don’t close until the house is vacant.
Look for why they are doing this and refusing to pay rent. They assume you are now invested in closing and needing to do so. If you let them stay, you will not get them out because they have nowhere to go and to not want to pay rent or storage.
If you allow this, they have no reason to hurry or to incur costs themselves. They know the legal processes to remove them will be expensive for you and possibly end badly.
Simply refuse to close and tell your realtor to go after whatever monetary compensation you can. Money is surely the motivation here so let it be their expense; not yours.
@SaintAnderson Agree with this. Sellers are betting on the buyer just going along. Both agents just want their commission as soon as possible and will push for the closing. Buyer needs to refuse to close until sellers show proof they’ve vacated.
Refuse to close until house is empty (and change all locks immediately after you take possession). You will get push back and told you can’t do that. Yes you can. The other realtor will want to get paid and it will miraculously be vacant at your walk through. I gave had to do this twice and guess what both times the house was cleared.