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Recent Cases, Real Estate:  April 17, 2013

Help! The seller won’t leave my new house!


A client was nearly left homeless when the real estate she had purchased was placed in limbo.

The seller was not able to close and move into his new home due to financing issues, so he wouldn’t close the sale with the client and leave the premises. Our buyer client proposed that the sale close and the seller enter a “rent-back” agreement, but the seller refused and would not close the sale of his home as scheduled.

“Never close the deal when the seller is still occupying the house,” Mr. Chauvel advised. “Now the buyer owns a house and has the seller in the house. What if the seller doesn’t leave? She would have to file an unlawful detainer action to evict him.”

The realtors for the parties weren’t effectively communicating with each other at that point. “The client came to us on a Monday.” Ms. Glatt recalled. “The house was going to close on Friday, and we had to insert ourselves and deal with it and get it resolved so it would actually close.”

With our assistance, the client was able to reinstitute negotiations with the seller and persuade him to pay rent until he was ready to move out.

Are you enduring similar unpleasantries with the seller of your new property? Let us know and we can help.

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Nice Job on the Newsletters

Hi Ron and April, I enjoy your emails. Short and to the point. Keep up the good work.