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Possession 9/10th of the law. Is that true?

By
Real Estate Agent with Crye-Leike

We had a saying when we were kids, 'possession is 9/10ths of the law'.  This worked especially good when you were playing with someone else's toy.

I represented an elderly home owner selling her home, she didn't want to but her son thought it best.  All the documents were signed Friday, although no funding yet.  The contract said closing to be on or before 8/31 AND POSSESSION ON 8/31/09.  Not on or before 8/31.  This woman had many things to pack, in addition to many memories to leave.  The seller was coming today, Saturday, to pick up the final items and say her emotional goodbye.

I drove by the house this morning.  The buyer was there.  She already had the locks rekeyed.  I explained the seller was coming by to 'say goodbye' she said  "fine but I paid my money & this is my house"  The buyer's agent showed up and when I tried to explain contracts she said, 'well, I have nothing to do with this, you need to talk to the owner" the buyer.

I know this was just plain mean which I don't understand.  But, has is the 9/10s really the law?

Jane Penttinen
V.I.P. Mortgage - Tucson, AZ
NMLS #222178

Silly buyer!  Just because the documents were signed, if there was not funding yet she is not the owner - not to mention the contract did not give her possession until the 31st.  Why in the world did the buyer's agent give her the keys?  How mean.  Karma lives.

Aug 29, 2009 10:51 AM