What if a home seller doesn't remove their stuff before closing? We're days away from closing and did a recent walkthrough. It looks like they haven't even begun to pack up and have given signs that they may not...What if we close on the house and all their stuff is there? Or worse, what if we close and they won't move out?
Asked By Jeremy | Dallas, TX | 599 views | Buying | Created 11 months ago
If the seller doesn’t remove their belongings before closing or refuses to move out, it can create legal and logistical challenges. Before closing, communicate with the seller’s agent to confirm their moving plans and consider negotiating a holdback of funds in escrow or delaying closing until they vacate. If you close and their belongings are still there, check your contract for terms regarding vacant possession and negotiate a move-out plan if necessary. In the worst-case scenario where they refuse to leave, you may need to pursue eviction, legal action for holdover tenancy, or even offer a cash-for-keys deal to expedite their departure. Acting quickly and seeking legal guidance can help minimize delays and complications.
Most contracts say anything left behind at closing is now the buyers. However, if it is titled, like a car, it is the buyers still. For sure a legal question.
Anything not removed by the possession date can become a legal issue. Buyers may be entitled to escrow holdbacks, compensation, or removal costs unless the items were specifically included in the contract. Always clarify in writing before closing.
What if a home seller does not remove the items as agreed upon on the purchase contract. The buyer can have his agent prepare an addendum stating all items as per the contract will be removed from the home as per the terms of the contract. You should reach out to an attorney for legal advise if the sellers have not moved out of the home.
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