Smallest Space Lived in Happily

[catherine]

That's odd! Is there some weird contingency in your sale agreement that you have to have everything out of the house prior to closing? I've never heard of such a thing.

That doesn't sound unusual to me. Why wouldn't you want everything out of the house prior to closing? In my mind, the closing means you can hand over the check and move in. Nothing left to do. At least in my experience...

[razz]

That doesn't sound unusual to me. Why wouldn't you want everything out of the house prior to closing? In my mind, the closing means you can hand over the check and move in. Nothing left to do. At least in my experience...

That has been my experience as well through more than 6 home sales as DH and I moved with his work. We had some rental times as well and left the premises move-in clean.

[Alan]

That doesn't sound unusual to me. Why wouldn't you want everything out of the house prior to closing? In my mind, the closing means you can hand over the check and move in. Nothing left to do. At least in my experience...

Granted we've been here, in our 4th house, for over 25 years but my previous closings usually involved 30 days to occupancy. I just can't imagine anyone moving out of their house prior to closing or any contingency that closing would not occur unless items are removed prior to closing date. I continue to find it odd.

[GeorgeParker]

That's odd! Is there some weird contingency in your sale agreement that you have to have everything out of the house prior to closing? I've never heard of such a thing.

Closing is CLOSING! The money is transferred to the seller. The property title is transferred to the buyer. The seller's mortgage is paid off and the buyer's mortgage is activated. The seller gives the buyer the keys. Hasta la vista, baby! The seller is supposed to be out of the house before the closing takes place unless there is a specific separate agreement to the contrary.

What people do in various places (aka "customary practices" https://dictionary.thelaw.com/customary-practice/ ) may be different and may include giving the seller a few hours to load up and move. But legally, once you do the closing the house and everything in it belongs to the buyer unless you have an agreement to the contrary.

Quoting From https://listwithclever.com/real-esta...losing-5-faqs/

"At the closing table they hand over the keys to your home and it’s officially yours. However, if the seller is not completely moved out, they may want to negotiate for a bit more time. A use and occupancy agreement should be completed before closing to specify how much additional time the seller has to finish moving out. Of course, you are eager to move and may have your own move-out situation, so be sure to negotiate for what you truly need. You should consider protecting yourself by charging a per diem or having other financial incentives for the seller to finalize the move."

And a sheetload more on the subject: https://www.google.com/search?channe...+after+closing

Without a written agreement to the contrary, the seller should be out before closing and no longer have any keys to the house. For the half-dozen houses I've bought and sold, that's always meant the seller (me or them) has already moved or has all their stuff loaded on a YallHaul truck before the closing papers are signed. Your local customs may vary, but if you're dealing with me, I make sure you understand that I'm going to drop by on my way to the closing to give the empty house a quick final walk through.

[catherine]

Exactly, GP! The walk-through means that everything is clear for the smooth transition from one owner to the other. Why would you need 30 days to occupy?? In this day and age, time and tide wait for no man nor for dragged out closings.

[iris lilies]

He has developed a hoarding issue and without me helping, directing and supervising it won’t get done, the buyers will refuse to close and I will lose my condo. The owners didn’t plan on waiting 2 months which they have. They won’t be nice a second time in a very hot market.

I can so so so relate. You are on the right path, keep your head down and plunge ahead. Your husband needs to honor his (implied or real) contract to be out of the house at closing.

[GeorgeParker]

Granted we've been here, in our 4th house, for over 25 years but my previous closings usually involved 30 days to occupancy. I just can't imagine anyone moving out of their house prior to closing or any contingency that closing would not occur unless items are removed prior to closing date. I continue to find it odd.

Are you sure you're not thinking about the time between signing the contract and the actual closing date? 30 days used to be standard for that so inspections could be done, moving arranged, etc.

If you bought a house, would you really want the potential liabilities that would arise by you letting someone else continue to live in the house for even a few hours after the actual closing? What if they get hurt moving their furniture or trip on something and sue you because the homeowner's insurance policy is now in your name? What if they cook lunch, screw up somehow, and set the kitchen on fire? (Remember, you own it and your insurance will get dinged for the damages!)

[iris lilies]

Terry, it all sucks. I get it. Just this morning I got a text from my son who is buying our house. We gave him a below-market price so we could sell "as is" to him specifically and he sent me a picture of drywall issues in the ceiling in the garage. He prefaced it by saying "I know as-is is as-is, BUT..."

As for the stuff, yes, it is physically and emotionally draining to get rid of stuff. Just consider that you are ALMOST there. This is the last mile and soon you can put it all behind you.

Of course I do not know how extensive is this drywall problem, but I am thinking to myself about your son “ Suck it Up Buttercup, You are a homeowner now. Deal. And let this be the least of your property problems.”

He will be fine! It will all come out ok,just stand firm with your deal as you made it.

[catherine]

Of course I do not know how extensive is this drywall problem, but I am thinking to myself about your so. Suck it Up Buttercup, Your are a homeowner now. Deal. And let this be the least of your property problems.

He will be fine! It will all come out ok,just stand firm with your deal as you made it.

Yes, he got the cheapest house in the neighborhood. We were clear on "as-is" So I don't believe there is any ambiguity there, but again, when it's family things DO get complicated. Thanks for the support.

[iris lilies]

Granted we've been here, in our 4th house, for over 25 years but my previous closings usually involved 30 days to occupancy. I just can't imagine anyone moving out of their house prior to closing or any contingency that closing would not occur unless items are removed prior to closing date. I continue to find it odd.

It is typical here that a walk thru of the property the day before or day of closing is a final eyeballing of the premises to make sure nothing of substance has changed.On closing, when I hand over the check (absent a rental agreement) the property is mine and I do not want the previous occupant’s junk there. If craploads of stuff is there I would refuse to hand over the agreed upon money and would subtract costs of removing stuff.

in my neighborhood with so many of my friends recently leaving, we’ve been involved in several last-minute negotiations with new owners about stuff that is left behind. DH and his truck came in handy. With the new owner’s permission and acceptance, certain items can be left.

The owners of our Hermann house left small cabinets in the basement which we found useful in the kitchen. We did a rent back agreement to them for about 10 days after closing and my one concern was I wanted an actual rental agreement in place and I didn’t care how much money we got from it but the agreement was in my mind a mechanism to get them out of the house if I had to do an eviction. They were very nice people and didn’t cause any trouble at all, cleaned the place thoroughly and left on time.