Posted by
Nguyen Pham

Seller want to stay past closing day

We submitted contract 7 days ago and supposed to close on the 17th but we didnt get to see the actual contract from our realtor until today. On seller temp residential lease form, seller want to stay for 5 days after closing day with $0 per days and $0 deposit. What else can we do to fix this shenanigan ??

Thanks

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Seller want to stay past closing day

By Nguyen Pham   
Posted on Jan 10, 2019 in Topic: Mortgage & Finance
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We submitted contract 7 days ago and supposed to close on the 17th but we didnt get to see the actual contract from our realtor until today. On seller temp residential lease form, seller want to stay for 5 days after closing day with $0 per days and $0 deposit. What else can we do to fix this shenanigan ??

Thanks
Status: Open
Viewed: 311
Asked by: Consumer
Posted: 4 months ago
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Gold
Yvonne Chauvin
about 4 months ago
Hi Nguyen,

Please call a real estate attorney immediately.
There are too many red flags (you didn't get to see the contract until recently? How was the contract signed?).

I cannot stress this enough- call an attorney.

Thank you,

Yvonne Chauvin- REALTOR®
MCNE, CNE
Better Homes & Gardens Real Estate Gary Greene
YvonneChauvin@yvonnechauvin.com
Cell: 281-686-0143


about 4 months ago
Bronze
Cindy Hamann
about 4 months ago
I believe you need to reach out to their agents broker. Many times the broker doesn't know what is going on until they are notified.


about 4 months ago
Diamond
Veronica Mullenix
about 4 months ago
Oh my!! Your Realtor has the duty to deliver paperwork to you in a timely manner. It will be prudent for you to contact your Realtor's Broker or supervisor immediately. On the IABS (Information About Brokerage Services ) form you signed is listed the Broker's and supervisors contact information. This contact information is also on page 9 of the 1 to 4 Residential Contract. If you are not in agreement to a Seller Temporary Lease Back or the terms of the Lease Back, then your Realtor needs to deliver that message to the listing agent immediately and reopen negotiations on this particular term in the contract. Verbal agreements or verbal discussions about terms in a contract are not binding. You would have had to have received the paperwork and SIGNED the paperwork for this to be binding upon you. Based on your post, I am guessing you haven't signed this.


about 4 months ago
Diamond
Cagdas Acar
about 4 months ago
Hi Nguyen,

If your agent can not fix the situation working with the listing agent. You can talk with his/her broker, usually they can find a way to fix the situation. If none works talk with real estate attorney.

Regards,
Cagdas Acar
Msc PSA CPE VLB
www.homeswithcagdas.com
832-283-1091
acarster@gmail.com


about 4 months ago
Diamond
Ryan Kohn
about 4 months ago
I agree with Yvonne,
Talk to an attorney immediately. Follow this with your agent as well as their broker to attempt to resolve the issue.
I'm confused as to how you signed a contract that couldn't see. It may be more likely that your agent didn't do a sufficient job of discussing the terms of the offer you were placing. It may also be possible, that you submitted an offer and the seller requested the "Seller Temporary lease" form which you would have had to sign to accept. Are your signatures on it?
I would also say, while it isn't common, it isn't uncommon either for a seller to want to ensure that the closing actually happens prior to moving out and packing up. I don't know that I would advise my client to ask for some compensation or a deposit, but what is listed in Paragraph 19 in the Seller Temporary Lease form regarding Holdover Tenancy (If they stay past 5 days)?


about 4 months ago
Silver
Antonio Lechuga
about 2 months ago
That sounds like a bad idea. Fortunately, everything is negotiable. I think the best solution to this problem is to extend the closing date another 5 days or however much longer the seller thinks they need with the understanding that the home must be surrendered at closing.

Good luck.


about 2 months ago
Gold
Matthew Wigtil
about 1 month ago
I would strongly suggest as well that you contact a real estate attorney.


about 1 month ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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