About 2 weeks ago a client of mine, a first time home buyer, closed on his new home.  My client is a young single Chicago Police officer.  I couldn't believe he was old enough to be purchasing a home, let alone a Chicago cop!  I think the older I get the younger these young men and woman look.  This young man has protected different areas of the city of Chicago for the last several years, and has my respect.

Anyway....This client was a referral from a past client, and was already working with a Realtor and found a home.  The seller is an older woman with medical issues and financial difficulties and unfortunately had to sell her home.  She has not had the finances to keep the property in good shape and it was in need of some work and TLC.  My buyer knew the listing price was a good price and put in an offer.  The Realtor he is working with is also the listing agent.  Normally this does not bother me, but I have never worked with this Realtor, so I wasn't sure what to expect.  During application, I talk to him about his attorney.  He did not have one yet, so I referred him to a few attorneys I have worked with.  A few days later my client tells me that he found out that they sellers attorney is a former Chicago Police Officer and he is just going to use the same attorney.  Again, normally this does not bother me either, when I know the attorney.  I explained to my client that using his "own" attorney may be in his best interest.  He declined. 

I attend about 90% of my closings, however I could not attend this one.  The closing date had been scheduled for a different date then originally agreed upon and I had already scheduled another appointment.  I told my client that I would be available via phone should any questions or concerns arise. 

When closing in Illinois it is very typical for the buyer to obtain possession on the day of closing, but this client had agreed to allow the seller 2 weeks to get her things together and take possession then. My client knew that he was getting a good deal on the home and felt that allowing the 2 weeks was fair.  Apparently, he also allowed this without a rent back.  My client called me on Sunday afternoon, telling me he was having a hard time with the seller.  She finally returned his calls after several days of leaving messages, and told him, she would not be ready to move.  I asked my client what the attorney drew up at closing for the agreed move out date.  He read the agreement to me.  Basically, it protected the seller and not the buyer.  It did not have a move out date.  My client has been more than agreeable, has trucks ordered for his move, help arriving, and a lease expiring. 

Its important to use your own attorney when closing on your home.  Your attorney will have your best interest, will fight for your rights, and protect you.  Using an attorney that is working both sides can make it difficult as learned the hard way by my first time home buyer.  Using an attorney, Realtor, loan officer, home inspector that has been referred to you by someone you know is your best bet. 

Have you had a seller refuse to move, I'd like to hear your story!

**** Updated 10/13/07****  I received a message from my client.  He went to his new home with a loaded truck and friends to help move him.  The seller hired movers and was out just as he was pulling up.  All is well that ends well!