Seller want to stay past closing day
1,753We 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
11 answer(s)
About 2 years ago
Hello Nguyen, it's pretty strange that your realtor gave you a copy of the contract so long after signing the contract and it appears the leaseback is a surprise to you but you've signed off on the terms including the leaseback or it was submitted without your signature? I hope you can get to the bottom of this but I would also suggest you call your realtor's broker to have this remedied. Doesn't sound like the seller is in breach of everything if the contract was executed with the terms you've described in the leaseback but if the broker also cannot help then you'll need to contact a real estate attorney to discuss your matter. The leaseback requires both the buyer and seller signature and is an addendum that's agreed upon and signed off on by all parties when the contract is executed.
Like (1)
DislikeAbout 4 years ago
Well, everything is negotiable in a contract but only if you do so on time, not after expiration dates! So you can counter-offer any terms if done in a timely manner. Please plan for the worse and protect yourself as best as possible. Set up an appointment with your Realtor and his/her Broker to discuss your concerns, as every entry in your contract and addenda or amendments, has a lot of power to help you and harm you. If the tenant stays after closing, and burns the house down or destroys it, will your insurance pay for that, or will you or the tenant pay for that? Read your contracts very well and consult an Attorney if necessary. Best of luck.
About 4 years ago
If a signed contract was submitted, the agreement s binding. You may want to have a conversation with your realtor to understand why this was not made clear during the signing of the contract. If the realtor is unable to resolve the issue, you will have to decide ... is it worth the frustration, energy, and cost associated with an attorney to have the sellers move out of the home at closing or do you just allow them to move 5 days later than anticipated at no charge per the signed contract.
About 5 years ago
I would strongly suggest as well that you contact a real estate attorney.
About 5 years 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.
Good luck.
About 5 years 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)?
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 5 years 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
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 5 years 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 5 years 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 5 years 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
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
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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