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[C.Ann]

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[C.Ann]

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[Mermaid02]

My friends lawyer also made sure that the seller knew she would be responsible for all legal fees if she pushed this.... they had a legally binding contract and this is precisely why they are signed... to protect the seller and buyer from someone changing their mind.

 

[hiwaygal]

That's what their agent suggested (the sellers, not DD's), but these are not the kind of people you would want to "rent" to.. They have dragged their feet on everything since day one and I'm sure that once the "rental" period was up they would want yet another extension (remember - first they wanted "2 weeks" - then they wanted "30 days") so that is definitely not something that my SIL wants to deal with

I think my using "rent" may have implied something I didn't mean to imply...

I have heard of people getting charged over $100 a day for every day after a certain date that they are not out of a residence (rental or otherwise). If there were a clause in the original contract stating the sellers would be charged a fee like this, perhaps they would start moving...

 

[poohluvrs]

I know here in MA she could sue for performance on a contract (P&S)...Have her atty put in the closing doc's to escrow for costs to remove & dispose of sellers property if not done by "walk through" or close date.

 

[poohluvrs]

Ok..just me again with another .02 comment...

IF your DD can get this house to close, then your DD has to realize that that house and everything that happens in that house from that moment on, is her liability. If someone stays in that house and lets say, falls and hurts themselves, your DD is liable. This is another reason why renting back to them, is not a great idea.

When people start acting goofy, like these sellers are, I wouldn't trust them to act appropriately. If there is a divorce situation, or if money is some sort of issue, or if they're resentful that they're getting "forced" into honoring the contract and selling, you don't need the possibility of them dreaming up ways to stay in the house or causing any kind of monetary/liability to the new owners. People get goofy over things and get irrational when things aren't going their way. Another reason to get them out immediately IF you can get this house to close.

If there is a mortgage co involved & homeowners Ins, they will not be so willing to let sellers stay, it becomes your DD property upon close & she should go straight to the house & meet the locksmith.

Get the brokers to deal w/ the sellers, they wont want to blow their commissioon Im sure, or DD atty could help out.

 

[Talking Hands]

This is unreal.. DD and her DH close on the house next Friday and the sellers have made no attempts to move out! They have been a bit of a problem right along - dragging their feet on things - but this takes the cake..

Until your DD and her DH actually close these people don't have to do a thing. They can stay in the property to the last minute. AS long as they are out by closing they are fine. Your DD and her DH have the right to take occupancy immediately after the closing and can say no to their moving out after the closing.

 

[poohluvrs]

Maybe she can nudge them back til closing to get an update on property condition, have the broker keep scheduling appts to check in w/ them - i.e. DD needs to come by to measure for living room furniture, etc etc!

 

[kristen821]

Maybe they are only taking the stuff they want and plan on leaving thier garbage there for your dd to deal with. I have heard of people doing that and it is such a hassle for the new owners to deal with all thier junk.