Special offer

Should I let the buyer move in prior to closing?

By
Real Estate Broker/Owner with Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 GREC# 169695

NO, no and more NO!

lake sinclairWhy you ask?  Well there are a multitude of reasons, but let me start with insurance issues.  You have an insurance policy that indicates that you are a resident of this home either full time or as a second home, so you "rent" it and it burns down and the insurance company finds out you had a tenant in there without a landlord policy and they don't have to pay.  Buyer who moved in perhaps even had homeowners policy in place, but wasn't owner of record, so his insurance may not pay.

Then there is the whole "you don't know someone until you live with them" thing.  Same goes for a home.  I have seen cases where deals feel apart because the hinge on the over door squeeked and the "tenant" buyer discovered this "defect" and want the seller to repair.  Well an agreement had been signed saying it was "where is as is" upon occupancy then the "tenant" started using words like fraud and sue.  Tenant didn't close and seller had to "evict" to put house back on market.  Huge mess.  Many repairs had to be made by seller.  Yes, over a squeeky hinge.  Everyone got into a "it's the principle of the thing" mindset and it deteriorated from there.

It's just simply not a good idea.  I'd rather see a seller to agree to pay for a month storage for a buyer or a week in a local hotel.  There are always better alternative solutions than to let a buyer move in prior to closing.  It's not up to me to have the final say when this question is asked of my sellers, but I certainly let them know my opinion. 

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Tammy@Lake-Sinclair.com

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Tammy Lankford, Broker/Owner

 

Broker License # 169695  Lane Realty License # H-11420

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Loreena and Michael Yeo
3:16 team REALTY ~ Locally-owned Prosper TX Real Estate Co. - Prosper, TX
Real Estate Agents

I crinched at just the title. Never a good idea. Doesnt mean I havent done that but should never be good option.

Nov 09, 2013 08:21 PM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Tammy, I also advise against the sellers staying past the closing date.  Let the sellers move on and the buyers move in.

Nov 09, 2013 08:42 PM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Never, never, never, never!!! The potential problems and liability are just not worth it! In NC we have a buyer possession before closing that's good for 7 days, which I've used on occassion when a closing (more often recording) had to be delayed due to circumstances beyond everyone's control. But overall, the answer needs to be never, never, never, never!

Nov 09, 2013 09:13 PM
Susan Mangigian
RE/MAX Preferred - West Chester, PA
Chester & Delaware County Homes, Delaware and Ches

I agree 100%.  No good every comes from this.   The same can be said for the seller renting back.  No, no.  And NO!  xxoo

Nov 09, 2013 09:25 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I wouldn't ever recommend staying in the house prior to owning it.  Nope, too many things can go wrong.

Nov 09, 2013 09:45 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Tammy, I totally agree. It is definitely not a good idea. Your points should make any seller think twice before allowing it.

Nov 09, 2013 10:05 PM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

If for no other reason than they'll see the house in a new light that might not be favorable, I totally agree.

Nov 09, 2013 10:39 PM
Bill and MaryAnn Wagner
Wagner Real Estate Group - Ocean City, NJ
Jersey Shore and South Jersey Real Estate
Tammy, Allowing the buyer to move in prior to closing rarely works well. We never recommend our sellers do so.
Nov 09, 2013 10:46 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Knowing how hard it is to get someone out, you don't want to be eager to let someone in. Saying that, there is plenty to do prior to keep one busy...The move-in (if any) day will present itself soon enough

Nov 09, 2013 11:09 PM
Vanessa Saunders
Global Property Systems Real Estate - White Plains, NY
Real Estate | Done Differently

In rare instances, it could work and become a saving grace to buyers-in-wait; but in general, I agree, it's often fraught with potential problems and just not a good idea!

Nov 10, 2013 12:54 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

A home loses part of its sparkle and magic after it becomes familiar to a buyer, and that's when buyers start to see the dark side of the home. Most agents would say let them discover that when they have their feet up on the coffeetable and watching TV in the home that they actually own and are not "about" to own.

There have been extenuating circumstances over the past 40 years that I can count one hand when it was OK to let a buyer take early occupancy, but generally, the answer is NO. There are more reasons against than for.

//
Nov 10, 2013 01:25 AM
Jimmy Faulkner
Florida. Homes Realty & Mortgage - Wantagh, NY
The Best Of St. Augustine
  1. You are only inviting trouble when you let someone in the home before the closing. It only invites big trouble where you could lose your home. People change after they move in and there are a lot of scam artists around
  2. NJ

 

Nov 10, 2013 02:55 AM
Anthony Rollins
Keller Williams Realty-Overland Park - Overland Park, KS
The Adam Butler Team

Tammy,

There is only one reason why this is not a good idea...LIABILITY!!!  Ocassionally, there have been situations where it was merited with both buyer and seller agreeing to sign a hold harmless agreement.

Cheers!

Nov 10, 2013 04:20 AM
Lana Robbins Realtor ® Licensed Real Estate Broker
Aloha Kai Real Estate - Clearwater, FL
Licensed in Florida, Washington, and Hawai'i

Hi Tammy. I agree. It is way too problematic to let a buyer move in before closing.

Nov 10, 2013 04:26 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I would have to consider whether or not it would be something I would advise my clients on.  As an exclusive buyers agent it would be buyer directed.  We do have contracts "Agreement to Occupy Prior to Closing" which cover it all.  It might be that my clients are moving cross country, have all their furniture in the moving van because their property closed.  The moving people say "it's a window" and they might be there on Monday . . . or maybe they'll be there a week from Thrusday.  And if they need to store my client's stuff, it's another gazillion dollars.  If it's a week before closing, the place is vacant, seller agrees, we have the contrant in place, it might work and it might be beneficial to my client.  How odd that it's a major OH NO for buyers, but sellers remain in the property after closing all the time.  Same OH NO the sky is falling can be said about prior owners who have "two days" to move out after closing. If they have possession for any amount of time after closing anything can happen.  We enter into "Agreement to Occupy After Closing" frequently.  I've made that work for my deals many times and the same trepidations can be made of former owners having possession.  

Nov 10, 2013 05:06 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Thanks Lynn

Evelyn- good thing it wasn't my seller or you'd have been in a nearby hotel.  I am aware it does work out sometimes, but too risky for me.

Laura- now I have to go read Dorie's post.

Teral- my thoughts as well

Debbie- we agree

Praful- we had a buyer bring it up  yesterday.

Rosie- yup, exactly

Gerard- and that's just the tip of my list.

Christine- yeah, in the end it's not our house or decision, but I make it clear where I stand on the issue.

Inna- yes it is, but as I stated.  I don't recommend it. 

Susan- it's very risky

Michelle- It's not the seemingly "nice" thing to do, but "wise" outweighs nice sometimes.

Loreena- I have had it happen too, but not at my recommendation

Mona- I agree with that too.  Again, rare exceptions when it's the primary and loan is on pins and needles until the last minute.

Nina- agreed on using that form ONLY when no won't work.

Susan- that too

Kat- exactly

Michael- it should

Wayne and Jean- it can happen

Bill and MaryAnn- well we agree

Richie- been down that road too

Vanessa- I'd just never put my stamp of approval on it

Elizabeth- exactly, the rarest of times it is okay

Jimmy- I suspect they are everywhere

Anthony- that might the top reason, but there are lots of others.

Lana- sure can be.

Carla- same goes for sellers in most cases in my area.  Possession changes literally AT the closing table and keys are passed.

Nov 10, 2013 08:23 AM
Amy Gutschow
RE/MAX - Sheboygan, WI
Professional Real Estate

Thank you Tammy, we never recommend our sellers to allow this. Great post!

Nov 10, 2013 10:06 AM
Barbara Altieri
Better Homes and Gardens RE Shore and Country Properties - Shelton, CT
REALTOR-Fairfield County CT Homes/Condos For Sale

Agree, agree, agree!! I like your solution in the last paragraph. There are definitely alternatives.

Nov 10, 2013 11:14 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

liabiltyg is the biggest part of this. We do have an addendum...how's 10k non refundable deposit, one million in insurance...and the list goes on in our addendum......and THAT should be enough to discourage the practice.

Nov 10, 2013 02:05 PM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

I rarely suggest a buyer interim occupancy for the reasons that you state.  There is too much at risk.  I usually suggest maybe allowing the buyers to move some of their belongings into the garage a few days early as long as they have insurance in place on their current home and their belongings in their state of transit.  That seems to be the best short term solution when two closings need to occur in the same day.  

Nov 12, 2013 12:34 PM